Second Appeal Decisions
An applicant claims disaster damage to a road but has no pre-disaster photos or maintenance records. FEMA denies. On appeal, they submit post-disaster inspection reports only.
What is denial upheld due to failure to establish pre-disaster condition and disaster-related damage?
A debris contract includes a cost-plus-percentage-of-cost clause.
What is ineligible contract type?
Permanent repair work completed using force account labor by a large city.
What is generally eligible labor cost?
Applicant begins permanent work before FEMA EHP review.
What is potential loss of funding due to noncompliance?
Project under small project threshold.
What is not eligible?
A city replaces a damaged facility with a larger, upgraded one without FEMA approval and requests full reimbursement.
What is funding limited to the original approved scope (improved project without prior approval)?
Noncompetitive procurement is used weeks after the incident without justification.
What is procurement noncompliance due to lack of exigency?
Applicant cannot separate disaster-related overtime from regular payroll.
What is insufficient documentation leading to denial?
Project modified in field to avoid wetland impact without FEMA approval.
What is scope change requiring FEMA approval?
Applicant combines multiple sites into one project for efficiency.
What is acceptable project formulation?
Applicant submits new documentation on second appeal that was available during first appeal but not provided.
What is FEMA may deny consideration of late-submitted information?
Contracts awarded without full and open competition must meet this narrow exception.
What is exigency or emergency circumstances?
Equipment rates are typically reimbursed using this standardized source.
What is FEMA Schedule of Equipment Rates?
Historic structure repaired using modern materials without consultation.
What is noncompliance?
Hazard mitigation added during repair to reduce future damage.
What is Section 406 mitigation?
FEMA initially denies debris removal for lack of documentation, but applicant later provides load tickets and monitoring logs.
What is potential approval if documentation substantiates eligibility and costs?
Contractor was selected but no cost analysis or price reasonableness performed.
What is failure to perform cost/price analysis?
Donated labor used for debris removal is documented properly.
What is eligible as cost share credit?
Emergency protective measures impact endangered species habitat.
What is still subject to EHP compliance review?
Deferred maintenance makes damage ineligible unless this can be proven.
What is that damage was directly caused by the declared incident?
An applicant closes out a project but later discovers additional eligible costs that were incurred before closeout but not claimed.
What is generally ineligible unless the project is formally reopened with justification (rare and discretionary)?
Despite procurement violations, FEMA still provides partial funding.
What is FEMA’s discretionary enforcement allowing reasonable costs?
A leased facility may be eligible only if this condition shifts repair responsibility.
What is a lease assigning maintenance/repair responsibility to the applicant?
Applicant proposes relocation outside floodplain as mitigation.
What is eligible if cost-effective and approved?
This rule determines eligibility when pre-disaster condition cannot be documented.
What is FEMA’s reliance on available records and inspections (burden of proof on applicant)?