Frequently Ask Questions

Support and Resources for Pappagchapter

1. Statutory Foundation

Stafford Act § 406: The bedrock statute; authorizes reimbursement for repair/restoration of public facilities.
Philosophy of Supplementation: Federal aid supplements (does not replace) State/Local resources.
Restrictive Eligibility: Funds act as custodians of public infrastructure; privatization of disaster costs is prohibited (private homes/businesses excluded).
Regulatory Mechanics: 44 C.F.R. defines eligible entities; 2 C.F.R. (Uniform Guidance) mandates financial risk assessments.

2. The RPA Process

Strict Deadline: Request for Public Assistance (RPA) must be submitted via Grants Portal within 30 days of designation.
Extensions: Granted only for external, insurmountable extenuating circumstances (e.g., complete portal/network failure).
Invalid Excuses: Administrative negligence or high workload are not grounds for extension.
Submissions: Must be routed through the State (Recipient); Applicants cannot apply unilaterally.

3. Recipient (State) Role

Applicant Briefing: Mandatory meeting conducted by the Recipient to inform applicants of requirements.
First Line of Defense: The State validates legal status and DUNS/UEI numbers before FEMA review.
Risk Assessment: Mandated by 2 C.F.R. § 200.332; State performs forensic audits of applicant financial systems.
Consequences: High-risk findings can lead to reimbursement-only payments or enhanced monitoring.

4. Public Sector Applicants

State/Territorial: Primary "Recipients." Specific agencies (e.g., DOT) act as subrecipients for accounting purposes.
Tribal Nations: Can choose to be a Direct Recipient (max sovereignty, high admin burden) or Subrecipient (state admin support).
Local Govs: Cities, counties, townships, and parishes are generally eligible.
Special Districts: Must be established by law, serve the general public, and not function as HOAs (e.g., CDDs).

5. Private Nonprofits (PNP)

Status Proof: Must provide IRS 501(c), (d), or (e) ruling letter, or State certification of non-revenue status.
Strict Prohibition: For-profit entities (hospitals, utilities, contractors) are categorically ineligible.
General Public Rule: Facilities cannot be exclusive. Geographic or strict membership restrictions render facilities ineligible.
Fees: Must be nominal and waivable; cannot act as "club dues."

6. Service Classification

Critical Services: Education, Power/Water Utilities, Emergency Services, Medical. Apply directly to FEMA.
Non-Critical (Social): Community centers, libraries, houses of worship. Must apply to SBA first.
Ineligible Services: Recreation (pools/golf), political lobbying, job counseling, and public housing (HUD).

7. SBA Interdependencies

The "Safety Net": For Non-Critical PNPs, FEMA only funds Permanent Work if the SBA denies a loan or covers only a portion.
Duplication of Benefits: FEMA cannot fund what the SBA covers.
Mandatory Application: Failure to apply to SBA results in total loss of Permanent Work eligibility.
Loan Refusal: If an applicant declines an approved SBA loan, FEMA deducts that amount from the grant anyway.

8. Insurance Requirements

Obtain and Maintain: Applicants must insure repaired facilities against the hazard that caused the damage.
The Consequence: Failure to maintain insurance results in permanent ineligibility for that facility in future disasters.
Transferability: The "mark" of ineligibility stays with the facility even if ownership changes.

9. Mixed-Use Rules

50% Rule: Eligibility is determined by the primary use of the facility.
The Threshold: If eligible services > 50%, FEMA prorates funding. If < 50%, facility is entirely ineligible.
Time-Based: Used for shared spaces (e.g., multipurpose rooms). Common areas (lobbies) are excluded from calculation.

2.1 Damage Assessments