A Guide to Federal Disaster Assistance

A Guide to Federal Disaster Assistance
Fall/Winter 2008
4th Edition
Executive Summary
In recent years, The Ferguson Group has assisted local governments’ in recovery efforts
from natural disasters across the United States. In doing so, The Ferguson Group has
learned many valuable lessons about disaster recovery, the most important of which is the
need to communicate and coordinate the efforts of federal, state, and local government
agencies with business and community organizations. This Disaster Assistance guide
compiles the expertise from members of The Ferguson Group who have had first hand
experience guiding disaster support efforts. Inside this guide you will find first response
information, the FEMA disaster guide, and TFG’s first hand knowledge from previous
disaster assistance experience. The information found in this document is intended to
facilitate the response, recovery and rebuilding process following a natural disaster.
www.fergusongroup.us
2
Table of Contents
Page Number
5
6
7
7
8
8
9
I. The Major Declaration Process
Local Government Response
State Response
Damage Assessment
A Major Disaster Declaration
FEMA Evaluates
Presidential Approval
II. Federal Emergency Management Agency
Assistance Available
Disaster Grants & Loans
Debris Removal
Emergency Protective Measures
Roads & Bridges
Water Control Facilities
Public Buildings & Equipment
Public Utilities
Parks, Recreational Facilities and Other Items
Other Public Assistance
Hazard Mitigation
Directory of Federal and State Resources
Federal Emergency Management Agency
State Offices and Agencies of Emergency Management
United States Small Business Administration
Regional Contacts Map
www.fergusongroup.us
3
11
11
11
14
22
23
24
25
25
27
28
31
31
32
38
40
41
I. The Major Declaration Process
________________________________________________________________________
It remains a fact that situations of catastrophic proportions must be responded to through
a cooperative federal, state, and local effort. The Ferguson Group (TFG) is able to assist
clients in navigating the disaster assistance process, and affected congressional
delegations in maximizing federal resources. However, a state’s Governor must send a
letter to the President seeking a Presidential disaster declaration.
It is the long-term recovery phase of a disaster that places the most severe financial strain
on both local and state governments. Extensive damage to public facilities and
infrastructure (often not insured) can overwhelm even a large city, and is detrimental
economically. Therefore, throughout the entire long-term recovery process, TFG will
lobby Congress for funding and assistance.
It is imperative that local leaders identify their Federal Coordinating Officer (FCO) at the
start of the disaster recovery period so that s/he can help the municipality with specific
needs. Also, local officials should remain informed of any changes in the FCO’s status,
especially in the event that the current FCO is replaced. It is imperative that
municipalities be promptly informed of the change and the new Officer’s arrival. Great
communication with the corresponding FCO is vital for a successful short and long-term
recovery.
Federal Disaster Response Actions
In 1988, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, was
enacted to support state and local governments and their citizens when disasters
overwhelm them. This law, as amended, establishes a process for requesting and
obtaining a Presidential disaster declaration, defines the type and scope of assistance
available from the federal government, and sets the conditions for obtaining that
assistance. The Federal Emergency Management Agency (FEMA), a component of the
Department of Homeland Security (DHS), is tasked with coordinating the response.
When a disaster occurs and a locality has responded to the best of its ability it must then
turn to the state for help. The Governor, after examining the situation, may direct that the
State’s Emergency Plan be executed. If it is evident that the situation is or will be beyond
the capabilities of local, tribal and state resources, the Governor may request that the
President declare that an emergency or major disaster exists in the state under the
authority of the Stafford Act. While the request is being processed, local, tribal and state
government officials should not delay in taking actions to respond to and start recovery
from the disaster. Such actions should not be dependent upon whether there will be
federal assistance. Commensurate with the supplemental nature of Stafford Act
assistance, the federal share of eligible recovery expenses for declared disasters is
normally limited to 75% of eligible costs. However, the letter from the Governor of your
state to the President and FEMA should still request that one hundred percent (nonfederal share) of the Disaster Recovery Assistance to be covered.
www.fergusongroup.us
4
A major disaster declaration usually follows these steps:
1) Local Government Responds, supplemented by neighboring communities and
volunteer agencies. If overwhelmed, turn to the state for assistance.
Local government is the first to respond to a disaster. Response efforts are first
directed to activities that protect lives, public health and safety, such as
evacuations, sheltering, fire fighting, utility restoration, and clearing roads of
debris. These response efforts may be accomplished with local resources
including: labor and equipment, contractors, volunteers, and assistance from
adjacent communities. A community should have an Emergency Operation Plan
and a Debris Management Plan that identifies key staff members and their
responsibilities for managing and controlling debris clearing, removal and
disposal operations. This staff should be immediately activated whenever a
natural disaster is forecast. Staff members should document the critical decisions
made in response to the disaster and provide the debris manager and local, tribal,
state and federal officials with a clear plan of action. The debris clearing, removal
and disposal operations may extend for weeks or months and insufficient
documentation of the evolving plan could cause confusion and inefficiency.
Damage assessments should be conducted to identify necessary lifesaving actions,
assess the magnitude of damage and determine if additional resources are needed
from other local governments and the state. The format for the damage
assessment report should be in accordance with the local, tribal or State
Emergency Operation Plan. In a catastrophic disaster, and if the governor requests
it, federal resources can be mobilized and coordinated by FEMA for search and
rescue, electrical power, food, water, shelter and other basic human needs.
Detailed information on the debris management plan can be found in the next
section.
2) The State Responds with state resources, such as the National Guard and state
agencies.
When the response efforts appear to be beyond the capability of local
government, the state normally provides the next level of assistance by declaring
a State of Emergency. The State Emergency Management Agency is responsible
for evaluating the disaster situation and providing advice to the Governor on the
availability of state resources that could assist local efforts. State resources may
consist of law enforcement, the Department of Transportation, the Health and
Human Services Department, the Department of Natural Resources, and the
National Guard. These state resources can assist local governments in the
immediate response efforts, including response and debris clearance, removal and
disposal activities of recovery.
3) Damage Assessment is conducted by local, state, and federal agencies. Together
they determine losses and recovery needs.
www.fergusongroup.us
5
Before sending a formal request letter to the President, the Governor should
request that FEMA conduct a joint preliminary damage assessment (PDA) with
the state to verify actual damages and estimate the amount of supplemental
assistance that may be needed. The PDA is a joint assessment used to determine
the magnitude and impact of an event's damage. A FEMA/state team will usually
visit local applicants and view their damage first-hand to assess the scope of
damage and estimate repair costs. The state uses the results of the PDA to
determine if the situation is beyond the combined capabilities of the state and
local resources and to verify the need for supplemental federal assistance. The
PDA also identifies any unmet needs that may require immediate attention.
Normally, the PDA is completed prior to the submission of the Governor’s
request. However, when an obviously severe or catastrophic event is anticipated,
the Governor’s request may be submitted prior to the PDA. Nonetheless, the
Governor must still make the request and damage estimates must be submitted to
FEMA. .
Note on the PDA Process: Show the federal/state team your damage sites. Be
sure to bring to their attention any environmental or historic property site
issues that may be present, along with any known insurance coverage. You
should also explain what immediate expenditures might be associated with
any emergency work you have identified. This information may be used to
provide you some expedited funding, if a declaration is obtained for your area.
Note on Expedited Funding: Immediate Needs Funding (INF) is money
earmarked for the most urgent work in the initial aftermath of a disaster. The
funds may be provided to any eligible applicant for eligible emergency work
that must be performed immediately and paid for within the first 60 days
following declaration. Eligible work typically includes debris removal,
emergency protective measures, and removal of health and safety hazards.
Immediate needs funds can be used for expenses resulting from this eligible
work, such as temporary labor costs, overtime, equipment, and material fees.
Documentation must be carefully submitted.
During the PDA, immediate needs are noted for each area surveyed. If a disaster
is declared, and the state thinks damage costs warrant the need for immediate cash
flow, the State may INF on your behalf. Up to 50% of the federal share estimate
of emergency funds will then be placed in the state's account. Because this money
can be made available in advance of normal procedures once a disaster has been
declared, paperwork and processing times are reduced and you can receive
emergency funds sooner. Even though your facilities may have been included in
the PDA, INF will not be available unless your county/city has been included in
the presidential declaration.
Note on the Liaison: The applicant liaison is the state's customer service
representative assigned to work with you. The liaison is responsible for
providing you with specific information on state regulations, documentation
www.fergusongroup.us
6
and reporting requirements. The liaison is also there to provide technical
assistance, when requested, and can help in the identification of Hazard
Mitigation opportunities.
4) A Major Disaster Declaration is requested by the governor, based on the
damage assessment, and an agreement to commit state funds and resources to the
long-term recovery. The Stafford Act formula provides for a 75% federal cost
share. However, the letter from the governor of your state for federal assistance
should request for one hundred percent (non-federal share) of the disaster
recovery assistance to be covered. Once all the applicable information has been
gathered and sent to the president to be signed, The Ferguson Group will urge the
congressional delegation to get the president to sign the letter as soon as possible.
As a matter of process, the governor’s request is actually made through the
regional FEMA office.
A Major Disaster could result from a hurricane, earthquake, flood, tornado, or
major fire which the President determines warrants supplemental federal aid. The
event must be clearly more than state or local governments can handle alone.
If declared, funding comes from the President's Disaster Relief Fund, which is
managed by FEMA, and disaster aid programs of other participating federal
agencies. A Presidential Major Disaster Declaration puts into motion long-term
federal recovery programs, some of which are matched by state programs, and
designed to help disaster victims, businesses and public entities.
5) FEMA Evaluates the request and recommends action to the White House based
on the disaster, the local community and the state's ability to recover.
The request is reviewed by the Regional Director and forwarded with a
recommendation to the Director of FEMA who, in turn, makes a recommendation
to the President.
6) The President approves the request or FEMA informs the governor it has been
denied. This decision process could take a few hours or several weeks depending
on the nature of the disaster.
Based on the Governor’s request, the President may declare that a major disaster
or emergency exists, thus activating an array of federal programs to assist in the
response and recovery effort.
After a presidential declaration has been made, FEMA will designate the area
eligible for assistance and announce the types of assistance available. FEMA
provides supplemental assistance for state and local government recovery
expenses, and the federal share will always be at least 75 percent of the eligible
costs. Also after the initial declaration, the person designated by the Governor as
the Governor’s Authorized Representative (GAR) may make requests for
additional areas to be eligible for assistance or for additional types of assistance as
deemed necessary. After a declaration is made, FEMA will designate the area
www.fergusongroup.us
7
eligible for assistance and the types of assistance available. With the declaration, a
FCO is appointed who is responsible for coordinating all federal disaster
assistance programs administered by FEMA, other federal departments and
agencies and voluntary organizations. At the same time, the Regional Director or
one of his/her staff will be appointed as the Disaster Recovery Manager (DRM),
who is responsible for managing the FEMA assistance programs. The same
person most often holds these two titles (FCO and DRM). Similarly, the State
Coordinating Officer (SCO) and the GAR are generally the same person.
After the disaster, USDA established an emergency food stamp program.
However, USDA only reimbursed 50% of the total operational cost.
Federal Response Plan
The Federal Response Plan (FRP) is implemented to coordinate the overall delivery of
federal assistance to disaster victims. The plan is organized functionally by Emergency
Support Functions (ESFs). Each ESF is composed of a lead or primary agency and
supporting agencies grouped together to deliver specific services and resources. Delivery
of assistance under the plan is flexible to best meet the unique needs of each disaster.
Under the Federal Response Plan, emergency assistance is provided either by federal
agencies under their own authorities, or under reimbursable mission assignments from
FEMA.
Debris Removal
In reference to Debris Removal, please encourage residents of your municipality, if
possible, to move as much of the debris to public access points so the local government
can pick up the debris and be reimbursed by FEMA for the debris removal. Persuade
constituents to ask for help with debris removal from neighbors or friends to facilitate the
process. Also, all private property requiring debris removal must be identified and
requested to FEMA in accordance with this policy within 90 calendar days of the
declaration. After FEMA approval, emergency debris removal must begin within 180
calendar days from declaration in order to be reimbursed at 100 percent federal funding.
Further debris removal information and procedure are found in section two of this
document.
www.fergusongroup.us
8
II. Federal Emergency Management Agency
Federal, state and local governments share the responsibility for protecting their citizens
from disasters, and for helping them to recover when a disaster strikes. In some cases,
disaster recovery is beyond the capabilities of the State and local government to respond.
Therefore, some of the responsibility falls to the Federal Emergency Management
Agency (FEMA).
ASSISTANCE AVAILABLE
FEMA has several programs available for all types of natural disasters. However, not all
programs are activated for every disaster. The determination of which programs are
activated is based on the needs found during damage assessment and any subsequent
information that may be discovered.
FEMA disaster assistance falls into three general categories:
•
•
•
Individual Assistance — aid to individuals and households;
Public Assistance — aid to public (and certain private non-profit) entities for
certain emergency services and the repair or replacement of disaster damaged
public facilities; and
Hazard Mitigation Assistance — funding for measures designed to reduce
future losses to public and private property.
Some Presidential declarations will provide only individual assistance or only public
assistance. Hazard mitigation funding is assessed in most situations and funds are
available according to a formula based on amount of damages.
Immediately after the declaration, disaster workers arrive and set up a central field office
to coordinate the recovery effort. A toll-free telephone number is published for use by
affected residents and business owners in registering for assistance. Disaster Recovery
Centers also are opened where disaster victims can meet with program representatives
and obtain information about available aid and the recovery process.
Some of the assistance by FEMA is in monetary form. Some examples are:
Disaster Grants which are available to help meet other serious disaster related needs and
necessary expenses not covered by insurance and other aid programs. These may include
replacement of personal property, transportation, medical, dental and funeral expenses.
Low-Interest Disaster Loans which are available after a disaster for homeowners and
renters from the U.S. Small Business Administration (SBA) to cover uninsured property
losses. Loans may be for repair or replacement of homes, automobiles, clothing or other
www.fergusongroup.us
9
damaged personal property. Loans are also available to businesses for property loss and
economic injury.
Small Business Administration (SBA) Disaster Loans
The SBA can make federally subsidized loans to repair or replace homes, personal
property or businesses that sustained damages not covered by insurance. Small business
owners are assisted in disaster recovery by the SBA if they suffered physical damage or
economic injury, but will only restore the property to pre-disaster condition. The SBA’s
Disaster Recovery Mission is to help people recover from disasters and rebuild their lives
by providing affordable, timely and accessible financial assistance to homeowners,
renters and businesses. The SBA can provide three types of disaster loans to qualified
homeowners and businesses:
•
•
•
home disaster loans to homeowners and renters to repair or replace disasterrelated damages to home or personal property;
business physical disaster loans to business owners to repair or replace disasterdamaged property, including inventory, and supplies; and
economic injury disaster loans, which provide capital to small businesses and to
small agricultural cooperatives to assist them through the disaster recovery period.
Examples of SBA Disaster Loans (June 2006)
•
•
•
•
•
Louisiana: 89,622 loans for $6.3 billion
Mississippi: 34,619 loans for $2.5 billion
Texas: 8,487 loans for $2.5 million
Florida: 16,622 loans for $767 million
Alabama: 2,838 loans for $131 million
ASSISTANCE PROCESS
After the application is taken, the damaged property is inspected to verify the loss. If
approved, an applicant will soon receive a check for rental assistance or a grant. Loan
applications require more information and approval and may take several weeks after the
application is filled. The deadline for most individual assistance programs is 60 days
following the President's major disaster declaration.
Audits are done later to ensure that aid went to only those who were eligible and that
disaster aid funds were used only for their intended purposes. These federal program
funds cannot duplicate assistance provided by other sources such as insurance. FEMA
will take action to recover funds that are distributed and later deemed ineligible.
PUBLIC ASSISTANCE
Public Assistance, oriented to public entities, can fund the repair, restoration,
reconstruction, or replacement of a public facility or infrastructure, which is damaged or
www.fergusongroup.us
10
destroyed by a disaster. Public Assistance is aid to state or local governments to pay part
of the costs of rebuilding a community's damaged infrastructure. Generally, public
assistance programs pay for 75 percent of the approved project costs. Public Assistance
may include debris removal, emergency protective measures and public services, repair
of damaged public property, loans needed by communities for essential government
functions and grants for public schools.
Eligible applicants include State governments, local governments and any other political
subdivision of the State, Native American tribes and Alaska Native Villages. Certain
private nonprofit (PNP) organizations may also receive assistance. Eligible PNPs include
educational, utility, irrigation, emergency, medical, rehabilitation, and temporary or
permanent custodial care facilities (including those for the aged and disabled), and other
PNP facilities that provide essential services of a governmental nature to the general
public. PNPs that provide “critical services” (power, water--including water provided by
an irrigation organization or facility, sewer, wastewater treatment, communications and
emergency medical care) may apply directly to FEMA for a disaster grant. All other
PNPs must first apply to the SBA for a disaster loan. If the PNP is declined for a SBA
loan or the loan does not cover all eligible damages, the applicant may reapply for FEMA
assistance.
As soon as possible after the Presidential declaration, the State, assisted by FEMA,
conducts the applicant briefings for state, local and PNP officials to inform them of the
assistance available and how to apply for it. A request for public assistance must be filed
with the State within 30 days after the area is designated eligible for assistance.
Following the applicant’s briefing, a “Kickoff Meeting” is conducted where damages will
be discussed, needs assessed, and a plan of action put in place. A combined
federal/state/local team proceeds with Project Formulation, which is the process of
documenting the eligible facility, the eligible work, and the eligible cost for fixing the
damages to every public or PNP facility identified by state or local representatives. The
team prepares a Project Worksheet (PW) for each project. Projects fall into the following
categories:
•
•
•
•
•
•
•
Category A: Debris removal
Category B: Emergency protective measures
Category C: Road systems and bridges
Category D: Water control facilities
Category E: Public buildings and contents
Category F: Public utilities
Category G: Parks, recreational, and other
Category A: Debris Removal
Debris Removal is the clearance, removal, and/or disposal of items such as trees, woody
debris, sand, mud, silt, gravel, building components, wreckage, vehicles, and personal
property. FEMA Public Assistance (PA) funds may be used for debris clearance, removal
www.fergusongroup.us
11
and disposal operations. The debris must be a direct result of the declared event, must
occur within the designated disaster area and must be the responsibility of the applicant at
the time of the disaster.
For debris removal to be eligible, the work must be necessary to:
•
•
•
•
Eliminate an immediate threat to lives, public health and safety;
Eliminate immediate threats of significant damage to improved public or private
property;
Ensure the economic recovery of the affected community to the benefit of the
community-at-large; or
Mitigate the risk to life and property by removing substantially damaged
structures and associated appurtenances as needed to convert property acquired
through a FEMA hazard mitigation program to uses compatible with open space,
recreation, or wetlands management practices.
Examples of eligible debris removal activities include:
•
•
Debris removal from a streets or highways to allow the safe passage of emergency
vehicle; and
Debris removal from public property to eliminate health and safety hazards.
Examples of ineligible debris removal activities include:
•
•
•
Removal of debris, such as tree limbs and trunks, from natural (unimproved)
wilderness areas;
Removal of pre-disaster sediment from engineered channels; and
Removal of debris from a natural channel unless the debris poses an immediate
threat of flooding to improved property.
Debris removal from private property is generally not eligible because it is the
responsibility of the individual property owner. If property owners move the disasterrelated debris to a public right-of-way, the local government may be reimbursed for
curbside pickup and disposal for a limited period of time. If the debris on private business
and residential property is so widespread that public health, safety, or the economic
recovery of the community is threatened, FEMA may fund debris removal from private
property, but it must be approved in advance by FEMA.
Debris Removal from Private Property
(Recovery Division Policy Number: 9523.13/Date Signed: October 23, 2005)
FEMA published a revised policy, on October 23, 2005, for areas devastated by
Hurricanes Rita and Katrina to provide guidance on debris removal from commercial
private property. As defined in the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Stafford Act), debris removal and disposal includes demolition of unsafe
structures from private property in areas where Hurricanes Katrina and Rita caused
www.fergusongroup.us
12
catastrophic damage. This will ensure consistency for future disasters. It will also
decrease the time it takes to deliver funding to the catastrophically impacted areas by
streamlining the process through which applicants demonstrate compliance with the
requirements.
Background: Sections 403 and 407 of the Stafford Act, 42 U.S.C. 5170b and 5173,
provide FEMA authority to fund debris removal from private property provided that the
state or local government arranges an unconditional authorization for removal of the
debris, and agrees to indemnify the federal government against any claim arising from the
removal.
The regulations implementing Sections 403 and 407 of the Stafford Act at 44 CFR §
206.224 establish the requirement that debris removal be in the “public interest” in order
to be eligible for reimbursement. “Public interest” is defined as being necessary to:
•
•
•
eliminate immediate threats to life, public health, and safety;
eliminate immediate threats of significant damage to improved property; or
ensure economic recovery of the affected community to the benefit of the
community at large.
Hurricanes Katrina and Rita have in some areas created catastrophic, widespread
destruction resulting in vast quantities of debris which may require state or local
government to enter private property to remove it in order to prevent disease and other
immediate public health and safety threats. In these situations, debris removal from
private property may be in the public interest and thus may be eligible for reimbursement,
when the unconditional authorization for debris removal and indemnification
requirements established by Sections 403 and 407 of the Stafford Act are met.
Debris removal from private property generally does not include strictly commercial
sites. It is assumed and expected that these commercial enterprises retain insurance that
can and will cover the cost of debris removal. The removal of debris from private
commercial property by a state or local government is eligible for FEMA reimbursement
when such removal is in the public interest.
Policy: The following guidance for reimbursement of state, county and municipal
governments for costs incurred in debris removal from private property applies to major
disaster declarations from Hurricanes Katrina and Rita.
FEMA will work with each state to designate those areas where the debris is so
widespread that removal of the debris from private property is in the “public interest”
under 44 CFR § 206.224 and thus is eligible for FEMA reimbursement.
States, counties and municipalities ordinarily rely on condemnation and nuisance
abatement authorities and obtain a right-of-entry from private property owners prior to
the commencement of debris removal work. There may be circumstances, however,
where the state or local government determines that ordinary condemnation and nuisance
www.fergusongroup.us
13
abatement procedures and the obtaining of a right of entry from each property owner are
too time consuming to address an immediate public health and safety threat.
Any state or local government that intends to remove debris from private property must,
prior to commencement of work, submit a written request to the Federal Coordinating
Officer (FCO) seeking approval for reimbursement. The written request and any
accompanying attachments must include the following provisions:
•
•
•
•
The request concerns conditions determined by the relevant state, county or
municipal government's department of health or equivalent public health authority
to be an immediate public health and safety threat;
A detailed explanation certifying the requesting entity's legal responsibility, duty
and authority to remove debris from private property, and has satisfied all
required legal process and received all necessary permissions for such actions;
Confirmation that a legally-authorized official of the requesting entity has ordered
the exercise of public emergency powers or other appropriate authority to enter
onto private property in order to remove/reduce a public health and safety threat
via debris removal; and
The requesting entity indemnifies the federal government and its employees,
agents, and contractors.
When deciding whether to authorize the removal of debris from private commercial
property, the FCO should determine if it is necessary to: eliminate an immediate threat to
life, public health, safety or significant damage to improved property, 44 CFR §
206.224(a)(1) and (a)(2); or ensure economic recovery of the affected community to the
benefit of the community-at-large, 44 CFR § 206.224(a)(3).
In making a determination, the FCO will consider the following factors relative to an
immediate threat to public health and safety:
•
•
•
•
Is there a substantial risk that human remains may be intermixed with the debris
creating an immediate public health and safety threat?
Is the commercial property in such close proximity to residential property and the
level of destruction so catastrophic that it is impossible to delineate between
residential and commercial property and debris?
Can the threat to public health and safety be lessened or eliminated by placing a
fence around the property?
Generally, the removal of debris from commercial private property is not eligible
when the sites are separated from residential or business districts. Examples of
these areas are industrial parks and woodland areas.
Or the following factors relative to the economic recovery of the community-at-large:
•
What specific financial reasons are preventing the business from removing its
own debris?
www.fergusongroup.us
14
•
•
Does the business have the financial capability to reopen if and only if the
government removes the debris?
What effect will the restoration of the business have with respect to the economic
recovery of the community to the benefit of the community-at-large?
FEMA is prohibited from approving funds that would result in a duplication of benefits.
Therefore, state and local governments must take reasonable steps to prevent such an
occurrence. These steps include the requesting entity's agreement to research whether
insurance coverage exists for the debris removal accomplished on each piece of private
property in the project. If it is discovered that duplication of benefits has occurred, the
state or local government must agree to make reasonable efforts to recover such proceeds
paid to the property owners and remit in a timely fashion to FEMA.
For those instances where the state or local government determines that ordinary
condemnation and nuisance abatement procedures and the obtaining of a right of entry
are too time consuming, the FCO will also require a written opinion from the relevant
state's Office of the Attorney General confirming the legal basis under state constitutional
and statutory authority for the state, county and municipal governments to enter private
property to perform debris removal.
All private property requiring debris removal must be identified and requested to FEMA
in accordance with this policy within 90 calendar days of the declaration. After FEMA
approval, emergency debris removal must begin within 180 calendar days from
declaration. These deadlines may be extended by the FCO based on circumstances
beyond the control of the state or local government.
The FCO will approve or disapprove in writing each written request for private property
debris removal within five business days of receiving the request from the state or local
government. After receiving approval from the FCO, the State or local government may
begin identifying private property debris removal activities and the application process
for supplemental assistance through the Public Assistance Program.
Debris Removal from Public Property
In general, debris that is on public property must be removed to allow continued safe
operation of governmental functions and, therefore, is eligible under one of the first two
criteria. However, not all public property clearance is necessarily eligible. Debris that is
blocking streets and highways is a threat to public health and safety because it blocks
passage of emergency vehicles or it blocks access to emergency facilities such as
hospitals. Debris in a stream or flood channel may cause flooding from a future storm. If
such flooding would cause an immediate threat of damage to improved property, removal
of the debris only to the extent necessary to protect against an event that could reasonably
be expected to occur within five years may be eligible. On the other hand, removal of
fallen trees in a forested or wilderness area is not normally eligible.
Debris Removal from Drainage Structures
www.fergusongroup.us
15
Removal of disaster-related debris from reservoirs may be eligible if evidence is provided
to FEMA that the reservoirs were regularly cleaned prior to the disaster and the predisaster level can be established. In addition, removal of debris that poses an immediate
threat of clogging or damaging intake or adjacent structures may be eligible.
Debris Removal from Natural Streams
Debris removal from natural streams normally is not eligible for assistance. Only debris
that causes a threat to lives or public health and safety or damage to improved property
from an event that could be reasonably expected to occur within five years is eligible.
Any work in natural streams must also be closely reviewed and monitored to minimize
undesirable environmental effects. This type of work will often require a Clean Water
Act Section 404 permit from the USACE. The Natural Resources Conservation Service
also has the authority to clear streams of debris.
Debris Removal from Engineered Channels and Debris Basins
Debris removal from engineered channels, lined or unlined and debris basins may be
eligible. Knowing the pre-disaster level of debris in the channel or basin is required in
determining the amount of disaster-related debris. Such facilities must also have had a
regular schedule of debris removal to be eligible for clearance in order to be eligible for
FEMA reimbursement. .
Debris Removal from Roads and Highways
Debris may be removed from roads and highways, including the travel lanes and
shoulders, roadside ditches and drainage structures and the maintained right-of-way.
Clearance from Federal-aid roads and highways follows these criteria except when the
Emergency Relief (ER) program of the Federal Highway Administration is activated. For
highways being repaired by the ER program of FHWA, the debris is removed as part of
that work. Even when the ER program is activated for an area, FHWA assistance is
granted only for portions of the road actually damaged by the disaster. Debris on
undamaged sections of highway may be eligible for FEMA assistance.
Debris Removal from Recreational and Wilderness Areas
The removal of debris from public parks and recreational areas used by the public is
eligible when it affects public health or safety or proper utilization of such facilities.
Hazardous trees within a naturalized area of public parks or golf courses that are unstable
and leaning into the areas used by the public are eligible for removal only, not
replacement. Normally, trees requiring removal are flush cut at the ground. Hazardous
limbs are also eligible for removal. Hazardous limbs are defined as limbs greater than
two inches in diameter that are still hanging in the tree and are threatening a public-use
area, such as a trail, sidewalk, road, or golf cart path of a public golf course. Generally,
stump removal is not considered eligible for reimbursement, except if the stump itself is
www.fergusongroup.us
16
determined to be a hazard, as when the tree has been uprooted. When eligible, stump
removal is accomplished by the least expensive means. A tree with more than 50% of the
tree crown destroyed or damaged, a split trunk, or broken branches that expose the
heartwood, or a tree that has been felled or uprooted is eligible for removal, especially if
it is in a location approximate to or within public-use areas. If the applicant chooses to
attempt to save a tree that has any of the conditions described above that justify its
removal, the expense is the applicant’s. Removal of debris that does not pose a health or
safety threat in wilderness or forested areas of these facilities is not eligible for FEMA
reimbursement.
Local Government Response
Most local governments maintain equipment, such as trucks, rubber tire loaders, graders,
chippers, chain saws, small cranes, dozers, and backhoes with experienced operators who
can be used to open roads and remove debris. Temporary hires may be added to provide
additional labor and equipment operators for 24-hour-a-day operations, if needed. The
principal advantage to using local government force account equipment and operators is
their lower cost and flexibility in assignment. This equipment generally represents the
only resources the community can immediately commit to an emergency debris clearance
and cleanup operation. It is absolutely necessary to get FEMA approval for this process
to ensure 100 percent reimbursement.
Mutual Aid Agreements
A Mutual Aid Agreement is an agreement among neighboring communities (and even
states) to provide assistance to one another in time of need. The operators and equipment
of neighboring communities can be used to quickly augment local force account
resources and have many of the same advantages. Your neighboring communities can be
reimbursed for these resources. Again, careful and accurate documentation is required
and prior approval is necessary.
Role of State Agencies
The National Guard, State Department of Transportation (DOT) and State Department of
Natural Resources have equipment and personnel that may provide limited assistance on
a short-term basis. The State DOT is normally responsible for debris clearance and
removal on state roads. This assistance may be obtained by contacting the State
Emergency Management organization.
Role of Volunteers
Historically, volunteers have played a significant role in large-scale debris removal
operations. Volunteer organizations can assist private property owners or provide
financial assistance in the removal of debris from private property. Additionally,
community organizations, such as civic clubs, student groups and neighborhood
organizations have proven to be a tremendous community resource in past disasters. To
www.fergusongroup.us
17
provide for maximum utilization of these resources, community leaders should be
prepared to organize volunteer groups and keep the debris management staff informed of
their activities. Communities should document the number of volunteers, the type of
work performed and the hours worked. Sponsoring organizations should ensure that
personnel are properly equipped and that common sense safety precautions are followed.
Role of Federal Agencies
The U.S. Army Corps of Engineers (USACE) may be able to respond for up to 10 days
without a Presidential Declaration. Additionally, the Federal Highway Administration
(FHWA) may provide grant assistance to state governments for debris clearing, removal
and repair of roads on the designated Federal Highway System.
Role of Contractors
Local governments must know the proper procedures to hire contractors, to ensure
reimbursement by FEMA. Following a major disaster, emergency contracts can be
executed to augment local force account resources. Immediately following a disaster,
engineering personnel on the debris management staff should explore alternative courses
of action and update the existing Debris Management Plan based on the initial damage
assessment, available resources and any new information. The updated plan can be handwritten initially and later converted to a more formal document. Maps of the affected area
should be annotated to identify damaged sectors, locations of key facilities and disposal
sites and distributed with the updated Debris Management Plan. Information should also
be entered into a Geographic Information System (GIS) database, if available. Make
certain that you have certified landfills and meet all existing environmental permitting
requirements. To support local businesses, leaders may want to recommend a list of
eligible contractors.
FEMA Debris Mission Response Actions
In catastrophic disasters, FEMA can provide direct federal assistance to support local,
tribal and state governments in performing some of the activities related to debris
clearance, removal and disposal. The response capabilities of the local, tribal and state
governments must be clearly exceeded before this level of assistance can be provided.
The work that can be performed under this authority is limited to emergency work and
debris removal under Sections 402 (4), 403 and 407 of the Stafford Act. The assistance
will be subject to the cost sharing provisions as specified in the FEMA-State Agreement.
The grantee will reimburse FEMA for the appropriate non-federal share of the cost of the
work, including any administrative costs of the performing federal agency.
Following a Presidential Declaration, FEMA may elect to use its mission assignment
authority to have the USACE contract for and manage debris clearance, removal and
disposal operations. The debris and removal mission assignment is coordinated by
Emergency Support Function #3 (ESF #3), Engineering and Public Works liaison officer.
An ESF #3 liaison officer should work directly with the FEMA debris staff to coordinate
www.fergusongroup.us
18
policy and guidance necessary to accomplish response and recovery missions assigned to
the USACE by FEMA. The ESF #3 liaison officer should meet regularly with FEMA and
as needed with appropriate, local, tribal and state government officials to collect and
coordinate information necessary to accomplish the assigned mission. The ESF#3 liaison
officer should assemble information and provide tasks to the USACE staff for necessary
action and ensure that contract scope requirements are accurate and timely. An ESF #3
officer is FEMA’s direct liaison responsible for coordinating assigned missions. Daily
assessments are made and reported to FEMA and others, as required, via coordination
meetings and memoranda.6 ESF #10, Hazardous Materials liaison officer should also be
included in all debris planning to coordinate the cleanup, transportation and disposal of
hazardous materials. According to the type of debris, it will be necessary to adhere to
NEPA, Clean Air Act and Clean Water Act requirements.
The Debris Management Plan
The Debris Management Plan should divide the community into sectors to assess the
extent of debris. Sector boundaries can be determined based on the following criteria:
• Type of debris (structural, trees, sediment and mixed);
• Location of debris;
• Volume of debris (large versus small);
• Land use (residential, business, agricultural);
• Location of existing and potential temporary storage and volume reduction sites;
and
• Location of existing and potential permanent disposal sites (public and/or
private landfills).
The damage assessment team should then investigate the damaged areas by sector
to record the extent of damage and to identify specific assistance requirements.
Damage assessment teams should also estimate the amount and compositions of
debris observed in each sector and annotate the locations on community maps.
The debris staff should initiate actions to assess the availability of local, tribal,
state, federal, and other resources to provide immediate and long-term assistance.
Experience has shown that resources will not be used effectively unless work
assignments and cleanup priorities are coordinated and controlled by the
designated debris manager. The designated local debris manager should have total
responsibility and authority for managing the debris cleanup operation. The
following are examples of local, state, federal, and other resources available for
cleanup activities.
Category B: Emergency Protective Measures
Emergency protective measures are actions taken by applicants before, during, and after a
disaster to save lives, protect public health and safety, and prevent damage to improved
www.fergusongroup.us
19
public and private property. Emergency communications, emergency access and
emergency public transportation costs may also be eligible.
Examples of eligible emergency protective measures are:
•
•
•
•
•
•
•
•
•
•
•
Warning devices (barricades, signs, and announcements);
Search and rescue;
Security forces (police and guards);
Construction of temporary levees;
Provision of shelters or emergency care;
Sandbagging;
Bracing/shoring damaged structures;
Provision of food, water, ice and other essential needs;
Emergency repairs;
Emergency demolition; and
Removal of health and safety hazards.
Category C: Roads and Bridges
Roads (paved, gravel, and dirt) are eligible for permanent repair or replacement under the
Public Assistance Program, unless they are federal-aid roads. Eligible work includes
repair to surfaces, bases, shoulders, ditches, culverts, low water crossings, and other
features, such as guardrails. Damage to the road must be disaster-related to be eligible for
repair. In addition, repairs necessary as the result of normal deterioration, such as
"alligator cracking," are not eligible because it is pre-disaster damage.
Landslides and washouts often affect roads. Earthwork in the vicinity of a road may be
eligible, but only if the work is necessary to ensure the structural integrity of the road.
Road or bridge closures resulting from a disaster may increase traffic loads on nearby
roads. If diverted traffic causes damage to a road, FEMA may pay to repair this damage if
no alternative is available. Restoration of a damaged road may include upgrades
necessary to meet current codes and standards, as defined by the state or local department
of highways. Typical standards affect lane width, loading design and construction
materials.
Bridges are eligible for repair or replacement under the Public Assistance Program,
unless they are on a Federal-aid road. Eligible work includes repairs to decking,
guardrails, girders, pavement, abutments, piers, slope protection, and approaches. Only
repairs of disaster-related damage are eligible. In some cases, FEMA may use predisaster bridge inspection reports to determine if damage to a bridge was present before
the disaster.
Work to repair scour or erosion damage to the channel and stream banks is eligible if the
repair is necessary to ensure the structural integrity of the bridge. Earthwork that is not
related to the structural integrity of the bridge is not eligible. Similarly, work to remove
www.fergusongroup.us
20
debris, such as fallen trees, from the channel at the bridge is eligible if the debris could
cause further damage to the structure or if the blockage could cause flood waters to
inundate nearby homes, businesses, or other facilities.
When replacement of a damaged bridge is warranted, eligible work may include upgrades
necessary to meet current standards for road and bridge construction, as defined by the
state or local highway department. Typical standards affect lane width, loading design,
construction materials, and hydraulic capacity. If code requires, and if the applicant has
consistently enforced that code, FEMA will permit changes in the bridge design. The
change can be from one lane to two lanes to include access modification for a short
distance (i.e., within area of damage). This does not apply to other expansions of capacity
(e.g., from two lanes to four lanes).
Permanent restoration of a road or bridge that service USACE or NRCS levees and dams,
private and commercial roads, and homeowners' association roads or that fall under the
authority of the Federal Highway Administration is not eligible for public assistance.
Category D: Water Control Facilities
Water control facilities include dams and reservoirs, levees, lined and unlined engineered
drainage channels, shore protective devices, irrigation facilities, and pumping facilities.
Restoration of the carrying capacity of engineered channels and debris basins may be
eligible, but maintenance records or surveys must be produced to show the pre-disaster
capacity of these facilities. The pre-disaster level of debris in the channel or basin is of
particular importance to determine the amount of newly deposited disaster-related debris.
Such a facility must also have had a regular clearance schedule to be considered an
actively used and maintained facility.
Restoration of reservoirs to their pre-disaster capacity also may be eligible in accordance
with the criteria for debris basins described above. Not all reservoirs are cleaned out on a
regular basis, and evidence of pre-disaster maintenance must be provided to FEMA. In
addition, removal of debris that poses an immediate threat of clogging or damaging
intake or adjacent structures may be eligible.
The USACE and NRCS have primary authority for repair of flood control works, whether
constructed with federal or non-federal funds, as well as authority over federally funded
shore protective devices. Permanent repairs to these facilities are not eligible through the
Public Assistance Program.
Category E: Public Buildings and Equipment
Buildings, including contents such as furnishings and interior systems such as electrical
work, are eligible for repair or replacement under the Public Assistance Program. In
addition to contents, FEMA will pay for the replacement of pre-disaster quantities of
consumable supplies and inventory. FEMA will also pay for the replacement of library
www.fergusongroup.us
21
books and publications. Removal of mud, silt, or other accumulated debris is eligible,
along with any cleaning and painting necessary to restore the building.
If an insurance policy applies to a facility, FEMA will deduct from eligible costs the
amount of insurance proceeds, actual or anticipated, before providing funds for
restoration of the facility. FEMA will reduce public assistance grants by the maximum
amount of insurance proceeds an applicant would receive for an insurable building
located in an identified floodplain that is not covered by federal flood insurance. The
reduction in eligible costs will be the larger of the two reductions just described. The
owners of insurable buildings can expedite the grant process by providing FEMA with
policy and settlement information as soon as possible after a disaster occurs.
FEMA may pay for upgrades that are required by certain codes and standards. Examples
include roof bracing installed following a hurricane, seismic upgrades to mitigate damage
from earthquakes, and upgrades to meet standards regarding use by the disabled. For
repairs, upgrades are limited to damaged elements only. If a structure must be replaced,
the new facility must comply with all applicable codes and standards regardless of the
level of FEMA funding.
If a damaged building must be replaced, FEMA has the authority to pay for a building
with the same capacity as the original structure. However, if the standard for space per
occupant has changed since the original structure was built, FEMA may pay for an
increase in size to comply with that standard while maintaining the same occupant
capacity. A federal or state agency or statute must mandate the increase in space; it
cannot be based only on design practices for an industry or profession.
Category F: Public Utilities
Typical utilities include:
•
•
•
•
Water treatment plants and delivery systems;
Power generation and distribution facilities, including generators, substations, and
power lines;
Sewage collection systems and treatment plants; and
Telecommunications.
The owner of a facility is responsible for determining the extent of damage incurred.
FEMA does not provide funds for random surveys to look for damage, such as TV
inspection of sewer lines. If disaster-related damage is evident, however, FEMA may pay
for inspections to determine the extent of the damage and method of repair.
While FEMA will pay for restoration of damaged utilities, FEMA does not provide funds
for increased operating expenses resulting from a disaster. Similarly, FEMA cannot
provide funds for revenue lost if a utility is shut down. However, the cost of establishing
temporary, emergency services in the event of a utility shut-down may be eligible.
www.fergusongroup.us
22
Category G: Parks, Recreational Facilities, and Other Items
Repair and restoration of facilities such as parks, playgrounds, pools, cemeteries, and
beaches is included in this category. Also, this category is used for any work or facility
that cannot be characterized adequately by Categories A-F.
Eligible publicly-owned facilities in this category include: playground equipment,
swimming pools, bath houses, tennis courts, boat docks, piers, picnic tables, and golf
courses.
Other types of facilities, such as roads, buildings and utilities, that are located in parks
and recreational areas are also eligible and are subject to the eligibility criteria for
Categories C, D, E, and F.
Natural features are not eligible facilities unless they are improved and maintained. This
restriction applies to features located in parks and recreational areas. Specific criteria
apply to beaches and to trees and ground cover.
Beaches. Emergency placement of sand on a natural or engineered beach may be eligible
when necessary to protect improved property from an immediate threat. Protection may
be to a 5-year storm profile or to its pre-storm profile, whichever is less.
A beach is considered eligible for permanent repair if it is an improved beach and has
been routinely maintained prior to the disaster. A beach is considered to be an "improved
beach" if the following criteria apply:
•
•
the beach was constructed by the placement of sand to a designed elevation,
width, grain size, and slope; and
the beach has been maintained in accordance with a maintenance program
involving the periodic re-nourishment of sand at least every 5 years.
Typically, FEMA will request the following from an applicant before approving
assistance for permanent restoration of a beach:
•
•
•
•
design documents and specifications, including analysis of grain size;
"as-built" plans;
documentation of regular maintenance or nourishment of the beach; and
pre- and post-storm cross sections of the beach.
Permanent restoration of sand on natural beaches is not eligible.
Trees and Ground Cover. The replacement of trees, shrubs, and other ground cover is not
eligible. This restriction applies to trees and shrubs in recreational areas, such as parks, as
well as trees and shrubs associated with public facilities, such as those located in the
median strips along roadways and as landscaping for public buildings. Grass and sod are
eligible only when necessary to stabilize slopes and minimize sediment runoff.
www.fergusongroup.us
23
This restriction does not affect removal of tree debris or the removal of trees as an
emergency protective measure. FEMA will reimburse for the removal of tree debris and
the removal of trees as emergency protective measures if the removal eliminates an
immediate threat to lives, public health and safety, and improved property, or if removal
is necessary to ensure the economic recovery of the affected community to the benefit of
the community-at-large. However, FEMA will not reimburse for the replacement of these
trees.
Average Total Obligations by Year and by Declaration
Major Disaster *
A - Debris Removal
B - Protective Measures
C - Roads & Bridges
D - Water Control Facilities
E - Public Buildings
F - Public Utilities
G - Recreational or Other
Z - State Management
Total:
Average Obligations Average
Obligations
per Year
per Declaration
$563,247,523
$15,009,336
$555,744,195
$14,263,209
$186,450,109
$4,293,952
$79,438,109
$1,798,933
$171,068,381
$4,993,352
$181,157,254
$4,958,447
$75,267,843
$2,117,021
$198,537,405
$4,374,990
$2,010,910,821
$51,809,240
*Note: A World Trade Center insurance Project Worksheet was excluded from the query as its inclusion
results in a significantly skewed average.
Emergency
A - Debris Removal
B - Protective Measures
C - Roads & Bridges
E - Public Buildings
F - Public Utilities
G - Recreational or Other
Z - State Management
Total:
Average
Obligations Average
Obligations
per Year
per Declaration
$555,823
$33,649
$157,506,519
$11,042,175
$0
$0
$0
$0
$30,269
$1,796
$7,831
$465
$348,849
$27,309
$158,449,291
$11,105,394
Source data is the set of all declarations between October 1, 1998 and January 1, 2006.
Other Public Assistance
www.fergusongroup.us
24
For insurable structures within special flood hazard areas (SFHA), primarily buildings,
assistance from FEMA is reduced by the amount of insurance settlement that could have
been obtained under a standard NFIP policy. For structures located outside of a SFHA,
FEMA will reduce the amount of eligible assistance by any available insurance proceeds.
FEMA reviews and approves the Project Worksheets and obligates the federal share of
the costs (which cannot be less than 75 percent) to the state. The state then disburses
funds to local applicants.
Projects falling below a certain threshold are considered ‘small.’ The threshold is
adjusted annually for inflation. For fiscal year 2005, that threshold is $55,500. For small
projects, payment of the federal share of the estimate is made upon approval of the
project and no further accounting to FEMA is required. For large projects, payment is
made on the basis of actual costs determined after the project is completed; although
interim payments may be made as necessary. Once FEMA obligates funds to the state,
further management of the assistance, including disbursement to sub-grantees is the
responsibility of the state. FEMA will continue to monitor the recovery progress to
ensure the timely delivery of eligible assistance and compliance with the law and
regulations.
Note on the Project Worksheet: A Project Worksheet is the form used to
document the scope of work and cost estimate for a project. This form supplies
FEMA with the information necessary to approve the scope of work and itemized
cost estimate prior to funding. Each project must be documented on a separate
Project Worksheet. The approved Project Worksheet will then be the basis for
funding under the Public Assistance Program. A project is a logical method of
performing work required as a result of the declared event. You may include more
than one damage site in a project. This offers flexibility in organizing and
managing the work around your needs.
Once you have consolidated similar work items into projects, you will need to
fully document your damage and repair plan by completing a Project Worksheet
for each project. Although more than one site can be combined to make a project,
only one project may be listed on a Project Worksheet.
Examples of Public Assistance
Public Assistance reimbursement program: State of Texas (2006)
•
•
•
•
City of Baytown, $1,604,449 for interim housing.
City of San Antonio, $2,809,123 for interim housing.
Sam Houston Electric Cooperative, $3,350,637 for emergency protective
measures.
City of Dallas, $1,662,424 for temporary sheltering.
www.fergusongroup.us
25
•
•
•
•
Tyler County, $3,630,226 for debris removal.
Tyler County, $2,157,404 for debris removal.
Lamar University, $3,259,923 for emergency protective measures.
Jefferson County, $1.08 million for exterior and interior repairs to the county
correctional facility, which was heavily damaged by high winds and rain from
Hurricane Rita (June 2006)
Public Assistance: State of Mississippi (2006)
•
•
•
•
Moss Point School District, $1.52 million to restore Magnolia Junior High School
City of Biloxi, $1.24 million to rebuild city-owned Marina Point lounge
Biloxi School District, $4.55 million to restore Nichols Elementary School
City of Waveland, $2.67 million for the removal of leaning trees, hanging limbs
and branches as well as hazardous stumps from private sites (April 2006)
HAZARD MITIGATION
Hazard Mitigation refers to sustained measures enacted to reduce or eliminate long-term
risk to people and property from natural hazards and their effects. In the long term,
mitigation measures reduce personal loss, save lives, and reduce the cost to the nation of
responding to and recovering from disasters.
Two sections of the Stafford Act, §404 and §406, can provide hazard mitigation funds
when a federal disaster has been declared. In each case, the federal government can
provide up to 75 percent of the cost, with some restrictions.
Through the Hazard Mitigation Grant Program (HMGP), authorized by §404 of the Act,
communities can apply for mitigation funds through the state. The state, as grantee, is
responsible for notifying potential applicants of the availability of funding, defining a
project selection process, ranking and prioritizing projects, and forwarding projects to
FEMA for funding. The applicant, or sub-grantee, carries out approved projects. The state
or local government must provide a 25 percent match, which can be fashioned from a
combination of cash and in-kind sources. Federal funding from other sources cannot be
used for the 25 percent non-federal share with one exception. Funding provided to states
under the Community Development Block Grant program from the Department of
Housing and Urban Development can be used for the non-federal share.
The amount of funding available for the HMGP under a disaster declaration is finite and
is limited to 7.5 percent of FEMA’s estimated total disaster costs for all other categories
of assistance (less administrative costs). Section 322 of the Disaster Mitigation Act of
2000 emphasizes the importance of planning in reducing disaster losses. States will be
required to develop a State Mitigation Plan that provides a summary of the hazards facing
them, an assessment of the risks and vulnerabilities to those hazards, and a strategy for
reducing those impacts. These plans will be required by November 1, 2004 as a condition
of non-emergency assistance under the Stafford Act, and must be reviewed and updated
every three years. States may choose to develop an Enhanced State Mitigation Plan in
www.fergusongroup.us
26
order to receive an increased amount of 20 percent for Hazard Mitigation Grant Program
funding. By November 1, 2004, local jurisdictions also must develop mitigation plans in
order to be eligible for project grant funding under the Hazard Mitigation Grant Program.
In addition, states may use a set-aside of up to five percent of the total HMGP funds
available for mitigation measures at their discretion. To be eligible, a set-aside project
must be identified in a state’s hazard mitigation plan and fulfill the goal of the HMGP,
this is, to reduce or prevent future damage to property or prevent loss of life or injury.
Eligible mitigation measures under the HMGP include acquisition or relocation of
property located in high hazard areas; elevation of flood-prone structures; seismic
rehabilitation of existing structures; strengthening of existing structures against wildfire;
dry flood-proofing activities that bring a structure into compliance with minimum NFIP
requirements and state or local code. Up to seven percent of the HMGP funds may be
used to develop state and/or local mitigation plans.
All HMGP projects, including set-aside projects, must comply with the National
Environmental Policy Act and all relevant Executive Orders. HMGP grants cannot be
given for acquisition, elevation, or construction purposes if the site is located in a
designated SFHA and the community is not participating in the NFIP.
FEMA’s primary emphasis for HMGP funds, where appropriate, is the acquisition and
demolition, relocation, elevation, or floodproofing of flood damaged or floodprone
properties (non-structural measures).
•
•
•
Acquisition and demolition: Under this approach, the community purchases the
flood-damaged property and demolishes the structure. The property owner uses
the proceeds of the sale to purchase replacement housing on the open market. The
local government assumes title to the acquired property and maintains the land as
open space in perpetuity.
Relocation: In some cases, it may be viable to physically move a structure to a
new location. Relocated structures must be placed on a site located outside of the
100-year floodplain, outside of any regulatory erosion zones, and in conformance
with any other applicable state or local land use regulations.
Elevation/Floodproofing: Depending upon the nature of the flood threat,
elevating a structure or incorporating other floodproofing techniques to meet
NFIP criteria may be the most practical approach to flood damage reduction.
Flood-proofing techniques may be applied to commercial properties only;
residential structures must be elevated. Communities can apply for funding to
provide grants to property owners to cover the increased construction costs
incurred in elevating or flood-proofing the structure.
Funding under §406 that is used for the repair or replacement of damaged public facilities
or infrastructure may be used to upgrade the facilities to meet current codes and
standards. It is possible for mitigation measures to be eligible for funding under both the
HMGP and §406 programs; however, if the proposed measure is funded through §406,
the project is not eligible for funds under the HMGP as well.
www.fergusongroup.us
27
Examples of Hazard Mitigation-FY 2005 Pre-Disaster Mitigation Grant Recipients:
Hazard Mitigation: State of California
• City of Palmdale, $98,325 for Local Multi-Hazard Mitigation Plan
• City of Tustin, $56,250 for Local Multi-Hazard Mitigation Plan
• Orange County, $168,054 for Regional Water & Wastewater Multi-Hazard
Mitigation Plan
Hazard Mitigation: State of Iowa
• Forest City, $43,200 for Flood Mitigation Project
• Polk County, $150,580 for Polk County Multi-Jurisdictional Multi-Hazard
Mitigation Plan
• City of Hampton, $48,233 for Project to Project Critical Facilities from Flooding
Hazard Mitigation: State of New York
• Town of Woodbury, $50,625 for Multi-Hazard Mitigation Project
• Town of Islip, $93,750 for Multi-Hazard Mitigation Planning Project
• Suffolk County, $1,117,904 for All-Hazard Multi Jurisdictional Pre-Disaster
Mitigation Plan
Directory of Federal and State Resources
3003 Chamblee Tucker Road
Atlanta, GA 30341
(770) 220-5200 Phone
(770) 220-5230 Fax
Federal Emergency Management
Agency
Region I: Serving CT, ME, MA, NH, RI, VT
Art Cleaves, Regional Director
99 High Street, 6th Floor
Boston, MA 02110
(877) 336-2734 Phone
Region V: Serving IL, IN, MI, MN, OH, WI
Edward G. Buikema, Regional Director
536 South Clark St., 6th Floor
Chicago, IL 60605
(312) 408-5500 Phone
Region II: Serving NJ, NY, PR, VI
Steve Kempf, Regional Director
26 Federal Plaza, Suite 1337
New York, NY 10278-0002
(212) 680-3600 Phone
Region VI: Serving AR, LA, NM, OK, TX
William E. Peterson, Regional Director
Federal Regional Center
800 North Loop 288
Denton, TX 76209-3698
(940) 898-5399 Phone
(940) 898-5104 Congressional Inquiries
(940) 898-5104 Media Inquiries
Region III: Serving DC, DE, MD, PA, VA, WV
Patricia G. Arcuri. Acting and Deputy
Regional Director
615 Chestnut Street
One Independence Mall, Sixth Floor
Philadelphia, PA 19106-4404
(215) 931-5608 Phone
Region VII: Serving IA, KS, MO, NE
Dick Hainje, Regional Director
9221 Ward Parkway, Suite 300
Kansas City, MO. 64114-3372
(816) 283-7002 Phone
Region IV: Serving AL, FL, GA, KY, MS, NC,
SC, TN
Mary Lynne Miller, Acting Regional Director
www.fergusongroup.us
28
Phoenix, Arizona 85008
(602) 244-0504 or 1-800-411-2336
www.azdema.gov
Region VIII: Serving CO, MT, ND, SD, UT,
WY
David Maurstad, Regional Director
Denver Federal Center
Building 710, Box 25267
Denver, CO 80255-02674404
(303) 235-4800 Phone
Arkansas Department of Emergency
Management
P.O. Box 758
Conway, Arkansas 72033
(501) 730-9750
(501) 730-9754 FAX
www.adem.state.ar.us/
Region IX: Serving AZ, CA, GUAM, HI, NV,
CNMI, RMI, FSM, American Samoa
Karen E. Armes, Acting Regional Director
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
(510) 627-7100 Phone
C
California Governor's Office of Emergency
Services
3650 Schriever Ave.
Mather , CA 95655-4203
(916) 845-8510
(916) 845-8511 FAX
www.oes.ca.gov/
Region X: Serving AK, ID, OR, WA
John Pennington, Regional Director
Federal Regional Center
130 228th Street, SW
Bothell, WA 98021-97964404
(425) 487-4600 Phone
Colorado Office of Emergency Management
Division of Local Government
Department of Local Affairs
9195 East Mineral Avenue
Suite 200
Centennial , Colorado 80112
(720) 852-6600
(720) 852-6750 Fax
www.dola.state.co.us/oem/oemindex.htm
State Offices and Agencies of
Emergency Management
A
Alabama Emergency Management Agency
5898 County Road 41
P.O. Drawer 2160
Clanton, Alabama 35046-2160
(205) 280-2200
(205) 280-2495 FAX
ema.alabama.gov/
Connecticut Office of Emergency Management
Military Department
360 Broad Street
Hartford, Connecticut 06105
(860) 566-3180
(860) 247-0664 FAX
www.mil.state.ct.us/OEM.htm
Alaska Division of Emergency Services
P.O. Box 5750
Fort Richardson, Alaska 99505-5750
(907) 428-7000
(907) 428-7009 FAX
www.ak-prepared.com
D
Delaware Emergency Management Agency
165 Brick Store Landing Road
Smyrna, Delaware 19977
(302) 659-3362
(302) 659-6855 FAX
www.state.de.us/dema/index.htm
American Samoa Territorial Emergency
Management Coordination
(TEMCO)
American Samoa Government
P.O. Box 1086
Pago Pago, American Samoa 96799
(011)(684) 699-6415
(011)(684) 699-6414 FAX
District of Columbia Emergency Management
Agency
2000 14th Street, NW, 8th Floor
Washington, D.C. 20009
(202) 727-6161
Arizona Division of Emergency Management
5636 E. McDowell Rd
www.fergusongroup.us
29
Illinois Emergency Management Agency
110 East Adams Street
Springfield, Illinois 62701
(217) 782-2700
(217) 524-7967 FAX
www.state.il.us/iema
(202) 673-2290 FAX
dcema.dc.gov
F
Florida Division of Emergency Management
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
(850) 413-9969
(850) 488-1016 FAX
floridadisaster.org
Indiana State Emergency Management Agency
302 West Washington Street
Room E-208 A
Indianapolis, Indiana 46204-2767
(317) 232-3986
(317) 232-3895 FAX
www.ai.org/sema/index.html
G
Georgia Emergency Management Agency
P.O. Box 18055
Atlanta, Georgia 30316-0055
(404) 635-7000
(404) 635-7205 FAX
www.State.Ga.US/GEMA/
Iowa Homeland Security & Emergency
Management Division
Department of Public Defense
Hoover Office Building
Des Moines, Iowa 50319
(515) 281-3231
(515) 281-7539 FAX
Iowahomelandsecurity.org.
Office of Civil Defense
Government of Guam
P.O. Box 2877
Hagatna, Guam 96932
(011)(671) 475-9600
(011)(671) 477-3727 FAX
http://ns.gov.gu/
K
Kansas Division of Emergency Management
2800 S.W. Topeka Boulevard
Topeka, Kansas 66611-1287
(785) 274-1401
(785) 274-1426 FAX
www.ink.org/public/kdem/
Guam Homeland Security/Office of Civil
Defense
221B Chalan Palasyo
Agana Heights, Guam 96910
Tel:(671)475-9600
Fax:(671)477-3727
www.guamhs.org
Kentucky Emergency Management
EOC Building
100 Minuteman Parkway Bldg. 100
Frankfort, Kentucky 40601-6168
(502) 607-1682
(502) 607-1614 FAX
kyem.ky.gov/
H
Hawaii State Civil Defense
3949 Diamond Head Road
Honolulu, Hawaii 96816-4495
(808) 733-4300
(808) 733-4287 FAX
www.scd.hawaii.gov
L
Louisiana Office of Emergency Preparedness
7667 Independence Blvd.
Baton Rouge, Louisiana 70806
(225) 925-7500
(225) 925-7501 FAX
www.ohsep.louisiana.gov
I
Idaho Bureau of Disaster Services
4040 Guard Street, Bldg. 600
Boise, Idaho 83705-5004
(208) 334-3460
(208) 334-2322 FAX
www2.state.id.us/bds/
M
Maine Emergency Management Agency
45 Commerce Drive, Suite #2
www.fergusongroup.us
30
Minnesota Homeland Security and Emergency
Management
Department of Public Safety
Suite 223
444 Cedar Street
St. Paul, Minnesota 55101-6223
(651) 296-2233
(651) 296-0459 FAX
www.hsem.state.mn.us/
#72 State House Station
Augusta, Maine 04333-0072
207-624-4400
207-287-3180 (FAX)
www.state.me.us/mema/memahome.htm
CNMI Emergency Management Office
Office of the Governor
Commonwealth of the Northern Mariana Islands
P.O. Box 10007
Saipan, Mariana Islands 96950
(670) 322-9529
(670) 322-7743 FAX
www.cnmiemo.org/
Mississippi Emergency Management Agency
P.O. Box 4501 - Fondren Station
Jackson, Mississippi 39296-4501
(601) 352-9100
(800) 442-6362 Toll Free
(601) 352-8314 FAX
www.www.msema.org
www.msema.org/mitigate/mssaferoominit.htm
National Disaster Management Office
Office of the Chief Secretary
P.O. Box 15
Majuro, Republic of the Marshall Islands 969600015
(011)(692) 625-5181
(011)(692) 625-6896 FAX
Missouri Emergency Management Agency
P.O. Box 116
2302 Militia Drive
Jefferson City, Missouri 65102
(573) 526-9100
(573) 634-7966 FAX
sema.dps.mo.gov
Maryland Emergency Management Agency
Camp Fretterd Military Reservation
5401 Rue Saint Lo Drive
Reistertown, Maryland 21136
(410) 517-3600
(877) 636-2872 Toll-Free
(410) 517-3610 FAX
www.mema.state.md.us/
Montana Division of Disaster & Emergency
Services
1900 Williams Street
Helena, Montana 59604-4789
(406) 841-3911
(406) 444-3965 FAX
dma.mt.gov/des/
Massachusetts Emergency Management Agency
400 Worcester Road
Framingham, Massachusetts 01702-5399
(508) 820-2000
(508) 820-2030 FAX
www.state.ma.us/mema
N
Nebraska Emergency Management Agency
1300 Military Road
Lincoln, Nebraska 68508-1090
(402) 471-7410
(402) 471-7433 FAX
www.nebema.org
Michigan Division of Emergency Management
4000 Collins Road
P.O. Box 30636
Lansing, Michigan 48909-8136
(517) 333-5042
(517) 333-4987 FAX
www.michigan.gov/msp/1,1607,7-1231593_3507---,00.html
Nevada Division of Emergency Management
2525 South Carson Street
Carson City, Nevada 89711
(775) 687-4240
(775) 687-6788 FAX
http://dem.state.nv.us/
National Disaster Control Officer
Federated States of Micronesia
P.O. Box PS-53
Kolonia, Pohnpei - Micronesia 96941
(011)(691) 320-8815
(001)(691) 320-2785 FAX
Governor's Office of Emergency Management
State Office Park South
107 Pleasant Street
www.fergusongroup.us
31
(701) 328-8181 FAX
www.state.nd.us/dem
Concord, New Hampshire 03301
(603) 271-2231
(603) 225-7341 FAX
www.nhoem.state.nh.us/
O
New Jersey Office of Emergency Management
Emergency Management Bureau
P.O. Box 7068
West Trenton, New Jersey 08628-0068
(609) 538-6050 Monday-Friday
(609) 882-2000 ext 6311 (24/7)
(609) 538-0345 FAX
www.state.nj.us/oem/county/
Ohio Emergency Management Agency
2855 W. Dublin Granville Road
Columbus, Ohio 43235-2206
(614) 889-7150
(614) 889-7183 FAX
www.state.oh.us/odps/division/ema/
Office of Civil Emergency Management
Will Rogers Sequoia Tunnel 2401 N. Lincoln
Oklahoma City, Oklahoma 73152
(405) 521-2481
(405) 521-4053 FAX
www.odcem.state.ok.us/
New Mexico Department of Public Safety
Office of Emergency Management
P.O. Box 1628
13 Bataan Boulevard
Santa Fe, New Mexico 87505
(505) 476-9600
(505) 476-9635 Emergency
(505) 476-9695 FAX
www.dps.nm.org/emergency/index.htm
Oregon Emergency Management
Department of State Police
PO Box 14370
Salem, Oregon 97309-5062
(503) 378-2911
(503) 373-7833 FAX
http://egov.oregon.gov/OOHS/OEM
Emergency Management Bureau
Department of Public Safety
P.O. Box 1628
13 Bataan Boulevard
Santa Fe, New Mexico 87505
(505) 476-9606
(505) 476-9650
www.dps.nm.org/emc.htm
P
Palau NEMO Coordinator
Office of the President
P.O. Box 100
Koror, Republic of Palau 96940
(011)(680) 488-2422
(011)(680) 488-3312
New York State Emergency Management Office
1220 Washington Avenue
Building 22, Suite 101
Albany, New York 12226-2251
(518) 457-2222
(518) 457-9995 FAX
www.nysemo.state.ny.us/
Pennsylvania Emergency Management Agency
2605 Interstate Drive
Harrisburg PA 17110-9463
(717) 651-2001
(717) 651-2040 FAX
www.pema.state.pa.us/
North Carolina Division of Emergency
Management
4713 Mail Service Center
Raleigh, NC 27699-4713
(919) 733-3867
(919) 733-5406 FAX
www.dem.dcc.state.nc.us/
Puerto Rico Emergency Management Agency
P.O. Box 966597
San Juan, Puerto Rico 00906-6597
(787) 724-0124
(787) 725-4244 FAX
North Dakota Division of Emergency
Management
P.O. Box 5511
Bismarck, North Dakota 58506-5511
(701) 328-8100
R
Rhode Island Emergency Management Agency
645 New London Ave
Cranston, Rhode Island 02920-3003
www.fergusongroup.us
32
103 South Main Street
Waterbury, Vermont 05671-2101
(802) 244-8721
(802) 244-8655 FAX
www.dps.state.vt.us/
(401) 946-9996
(401) 944-1891 FAX
www.riema.ri.gov
S
Virgin Islands Territorial Emergency
Management - VITEMA
2-C Contant, A-Q Building
Virgin Islands 00820
(340) 774-2244
(340) 774-1491
South Carolina Emergency Management
Division
2779 Fish Hatchery Road
West Columbia South Carolina 29172
(803) 737-8500
(803) 737-8570 FAX
www.scemd.org/
Virginia Department of Emergency Management
10501 Trade Court
Richmond, VA 23236-3713
(804) 897-6502
(804) 897-6506
www.vdem.state.va.us
South Dakota Division of Emergency
Management
118 West Capitol
Pierre, South Dakota 57501
(605) 773-3231
(605) 773-3580 FAX
www.state.sd.us/dps/sddem/home.htm
W
State of Washington Emergency Management
Division
Building 20, M/S: TA-20
Camp Murray, Washington 98430-5122
(253) 512-7000
(253) 512-7200 FAX
www.emd.wa.gov/
T
Tennessee Emergency Management Agency
3041 Sidco Drive
Nashville, Tennessee 37204-1502
(615) 741-4332
(615) 242-9635 FAX
www.tnema.org
West Virginia Office of Emergency Services
Building 1, Room EB-80 1900 Kanawha
Boulevard, East
Charleston, West Virginia 25305-0360
(304) 558-5380
(304) 344-4538 FAX
www.wvdhsem.gov
Texas Division of Emergency Management
5805 N. Lamar
Austin, Texas 78752
(512) 424-2138
(512) 424-2444 or 7160 FAX
www.txdps.state.tx.us/dem/
Wisconsin Emergency Management
2400 Wright Street
P.O. Box 7865
Madison, Wisconsin 53707-7865
(608) 242-3232
(608) 242-3247 FAX
http://emergencymanagement.wi.gov/
U
Utah Division of Emergency Services and
Homeland Security
1110 State Office Building
P.O. Box 141710
Salt Lake City, Utah 84114-1710
(801) 538-3400
(801) 538-3770 FAX
www.des.utah.gov
Wyoming Office of Homeland Security
122 W. 25th Street
Cheyenne, Wyoming 82002
(307) 777-4900
(307) 635-6017 FAX
http://wyohomelandsecurity.state.wy.us
V
Vermont Emergency Management Agency
Department of Public Safety
Waterbury State Complex
www.fergusongroup.us
33
SBA Region II Office: Serving NJ, NYBuffalo, NY-New York District, NY-Syracuse,
PR
William Manger, Jr., Regional Administrator
26 Federal Plaza Suite 3108
New York, NY 10278
(212) 264-1450
United States Small Business
Administration
Disaster Area 1:
William E. Leggiero, Jr., Center Director
Disaster Assistance Customer Service Center
130 South Elmwood Avenue
Buffalo, NY 14202
(800) 659 – 2955 Toll Free
(716) 843 – 4100 Phone
(800) 877-8339 TTY
(716) 843-4290 Fax
SBA Region III Office: Serving DC, DE, MD,
PA-Philadelphia, PA, Pittsburgh, VA, WV
Philadelphia Regional Office
Stephanie A. Watkins, Regional Administrator
Robert N C Nix Sr., Federal Building
900 Market Street 5th Floor
Philadelphia, PA 19107
(215) 580-2807
Disaster Area 2: SBA Regions 1-5
Frank Skaggs, Center Director
Field Operations Center - East
One Baltimore Place, Suite 300
Atlanta, Georgia 30308
(800) 359-2227 Toll Free
(404) 347-3771 Phone
(404) 347-3751 TTY
(404) 347-4183 Fax
SBA Region IV Office: Serving AL, FLJacksonville, FL-Miami, GA, KY, MS, NC,
SC, TN
Atlanta Regional Office
Nuby J. Fowler, Regional Administrator
233 Peachtree Street, NE Suite 1800
Atlanta, GA 30303
(404) 331-4999 Phone
(404) 331-2354 Fax
Disaster Area 3:
Francis W. Bieber, Jr., Center Director
Disaster Assistance Processing and
Disbursement Center
14925 Kingsport Road
Fort Worth, Texas 76155
(800) 366-6303 Toll Free
(817) 868-2300 Phone
(817) 267-4688 TTY
(817) 684-5616 Fax
SBA Region V Office: Serving IL, IN, OH,
MI, MN, WI
Patrick E. Rea, Regional Administrator
500 West Madison Street
Citicorp Center, Suite 1240
Chicago, IL 60661-2511
(312) 353-0357 Phone
(312) 353-3426 Fax
Disaster Area 4: SBA Regions 6-10
Alfred E. Judd, Center Director
Field Operations Center - West
P.O. Box 419004
Sacramento, CA 95841-9004
(800) 488-5323 Toll Free
(916) 735-1500 Phone
(916) 735-1683 TTY
Hours of Operation: 8am to 5pm
Monday thru Friday
SBA Region VI Office: Serving AR, LA, NM,
OK, TX-Dallas, TX-El Paso, TX-Harlingen,
TX-Houston, TX-Lubbock, TX-San Antonio
Dallas Regional Office
Joseph O. Montes, Regional Administrator
4300 Amon Carter Boulevard Suite 108
Fort Worth, TX 76155
(817) 684-5581 Phone
(817) 684-5588 Fax
(817) 684-5552 TTY/TDD
SBA Region I Office: Serving CT, NH, MA,
ME, RI, VT
Charles E. Summers, Jr., Regional Administrator
10 Causeway Street, Suite 812
Boston, MA 02222-1093
(617) 565-8415 Phone
(617) 565-8420 Fax
SBA Region VII Office: Serving IA-Des
Moines, IA-Cedar Rapids, KS, MO-St. Louis,
MO-Kansas City, NE
Kansas City Regional Office
Samuel C. Jones, Regional Administrator
323 W. 8th Street Suite 307
Kansas City, MO 64105-1500
(816) 374-6380 Phone
www.fergusongroup.us
34
(816) 374-6339 Fax
(816) 374-6312 TTY/TDD
SBA Region VIII Office: Serving CO, MT,
ND, SD, UT, WY
Denver Regional Office
Elton E. Ringsak, Regional Administrator
721 19th Street Suite 400
Denver, CO 80202-2599
(303) 844-0500 Phone
(303) 844-0506 Fax
(303) 844-0507 TTY/TDD
SBA Region IX Office: Serving AZ, CAFresno, CA-Los Angeles, CA-Sacramento,
CA-San Diego, CA-San Francisco, CA-Santa
Ana, HI, NV, Guam
Los Angeles Regional Office
Bruce C. Thompson, Regional Administrator
330 North Brand Boulevard Suite 1270
Glendale, CA 91203-2304
(818) 552-3434 Phone
(818) 552-3440 Fax
Norm Proctor,
Regional Administrator
2401 Fourth Ave., Suite 400
Seattle, WA 98121
(206) 553-5676 Phone
(206) 553-4155 Fax
www.fergusongroup.us
35
Regional Contacts Map
www.fergusongroup.us
36