Eligibility Regulations

Disaster Statutes

Detailed Discussion

Statutes are Federal laws passed by U.S. Congress and signed by the President. All PA Program assistance must comply with all applicable statutes.46 The statute that authorizes FEMA to provide assistance via the PA Program is the Stafford Act. The following sections of the Stafford Act specifically authorize the assistance FEMA provides under the PA Program:

• Title I – Findings, Declarations and Definitions

• Title III – Major Disaster and Emergency Assistance Administration

o 311, Insurance

o 312, Duplication of Benefits

o 324, Management Costs

• Title IV – Major Disaster Assistance Programs (applies to Major Disaster Declarations)

o 403, Essential Assistance

o 406, Repair, Restoration, and Replacement of Damaged Facilities

o 407, Debris Removal

o 428, Public Assistance Program Alternative Procedures

Section 428 of the Stafford Act authorizes FEMA to provide specific exceptions, or “Alternative Procedures,” to PA Program regulations.47 FEMA is currently implementing these Alternative Procedures via pilot programs. These pilot programs are available to each Applicant on a voluntary basis. The specific alternatives are presented throughout this document, where applicable.

• Title V – Emergency Assistance Programs (applies to Emergency Declarations)

o 502, Federal Emergency Assistance

• Title VII – Miscellaneous

o 705, Disaster Grant Closeout Procedures

45 2 CFR § 200.338.

46 44 CFR § 206.200(b).

47 Stafford Act § 428, 42 U.S.C. § 5189f.


Related Guidance Categories

This website  is intended as a national source of information about  the delivery of  financial recovery services. It includes resources on eligibility, procurement, grant management delivery, and issues related to various Federal Programs currently supporting FEMA  Public Assistance program  financial recovery for governments and non-profits. This website is not affiliated or endorsed or sponsored  by  FEMA  or any other Federal grant program. The information provided in various webpage documents is derived largely from Federal  published materials. In general, under section 105 of the Copyright Act, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.  The goal is to help navigate the various Federal websites and summarize grant information and requirements. It does not constitute legal advice or grant management advise and is provided for general informational purposes only. Only the Federal Agency responsible for grants can make determinations on eligibility and grant amounts. You should consult with your professional services advisors and State and Federal Grant Coordinators for more detailed guidance on specific FEMA Public Assistance financial recovery issues.

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