FEMA Public Assistance Appeal: Debris Removal – Support Documentation

PA ID# 153-03950-00; City of Bellevue

Conclusion: The Applicant did not document its work such that FEMA can separate the costs of eligible work along the improved trail from the ineligible debris removal performed in Lot 473.  Accordingly, the appeal is denied.

Headnote 1: 44 C.F.R. § 206.224 permits Public Assistance funding for debris removal when it is necessary to: 1) eliminate immediate threats to life, public health, and safety, or 2) eliminate immediate threats of significant damage to improved public or private property.  Debris removal from natural, unimproved land, such as heavily wooded areas and unused areas, is not eligible. The Applicant removed all vegetation from Lot 473.  The Applicant’s work removing hanging limbs and trees leaning over the improved Daniel Trail is potentially eligible, but its documentation does not distinguish between this eligible work and ineligible work removing debris from unimproved areas of Lot 473.  Therefore, because FEMA cannot distinguish between eligible and ineligible work, FEMA cannot fund the debris removal work in Lot 473.

Link: https://www.fema.gov/appeal/356206

PA ID# 013-UVZOO-00; Blackhawk Geologic Hazard Abatement District 

Date of Appeal: January 10, 2020

Conclusion: The Applicant does not have the legal responsibility to perform the work.  The Applicant also failed to obtain prior approval from FEMA for private property debris removal.  Additionally, the work performed does not meet eligibility requirements for emergency protective measures on private property.  Accordingly, the Applicant’s second appeal is denied.

Headnote 1: Section 407 of the Stafford Act authorizes FEMA to fund the removal of debris from private property, if specific criteria and requirements are met, including pre-approval. The Applicant did not request or obtain prior approval from FEMA, as required.

Headnote 2: 44 C.F.R. § 206.223(a)(3) states that for an applicant to be eligible for PA funding, it must be legally responsible for the work. The Applicant does not own any property within its boundaries and has not demonstrated legal responsibility for permanent repairs.

Headnote 3: The PAPPG states the applicant must demonstrate a widespread threat to the general public’s health and safety to receive funding for emergency protective measures on private property. The Applicant demonstrated a limited threat to certain private properties rather than a widespread threat to the general public’s health and safety.

Link: https://www.fema.gov/appeal/356211

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