News & Analysis as of

Public Assistance FEMA

GeoDataVision

Designated Disaster Areas and CRA Community Development: Be Careful!

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Dear Banker, Many bankers are easily confused by the technical requirements for loans in "disaster areas'' to be potentially qualified for community development credit under CRA. This brief article explains how to avoid...more

Baker Donelson

Update on Federal Disaster Reform: Efforts to "Rebalance" FEMA's Role

Baker Donelson on

Though there is continuing debate on the underlying cause(s), data clearly supports that natural disasters are occurring with increasing frequency and at a greater cost to the American public (whether personally or through...more

Stotler Hayes Group, LLC

Treatment of Hurricane Relief Funds Under State Medicaid Eligibility Regulations

Stotler Hayes Group, LLC on

Much of the southeast of the United States is still recovering from devastating hurricanes (Helene and Milton) that impacted the region in the past month, affecting thousands of people.  Citizens affected by the damage caused...more

Baker Donelson

FEMA is Making Post-Disaster Mitigation Less Expensive for Applicants

Baker Donelson on

With disasters increasing in frequency, severity, and cost, the Federal Emergency Management Agency (FEMA) has a new financial incentive for applicants to rebuild in ways that will make them more resilient in the face of a...more

Baker Donelson

Landslides and Slope Failures: Navigating FEMA Eligibility in the Wake of Hurricane Helene

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Landslides and slope failures resulting from disasters cause millions of dollars in damage to infrastructure each year. Following a disaster, funding for repair and restoration of infrastructure, including roads and bridges,...more

Baker Donelson

Understanding Disaster Appropriations

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The ever-increasing cost of disasters and Congress' reliance on 11th-hour continuing resolutions (CRs) often result in a storm of questions regarding disaster appropriations. This disaster recovery brief explains some of the...more

Baker Donelson

FEMA Now Accepting Comments on Changes to its Public Assistance Program

Baker Donelson on

Here Ye! Here Ye! Major changes to federal regulation and policy are happening now! FEMA's new proposed policy guide is open for public comment through August 16 AND comments to FEMA's proposed changes to 44 Code of Federal...more

Baker Donelson

2024 Hurricane Season: Top Ten Tips

Baker Donelson on

We are one month into the 2024 Atlantic Hurricane Season and already have our first named storm, with significant impacts across some portions of the Gulf States. We have seen a Governor declared emergency in Texas and a...more

Baker Donelson

Impending Supreme Court Ruling on Chevron Deference: Impact on FEMA Dispute Resolution

Baker Donelson on

Historically, the courts have had little involvement in review of the Federal Emergency Management Agency's (FEMA) decisions regarding the billions of dollars of federal disaster recovery funding that FEMA administers...more

Bradley Arant Boult Cummings LLP

FEMA Public Assistance Arbitrations at the CBCA

The Federal Emergency Management Agency (FEMA) provides funding to eligible applicants under the Public Assistance (PA) program to help applicants in responding to and recovering from presidentially declared major disasters...more

Baker Donelson

Don't Take FEMA Closeout Deobligations Lying Down

Baker Donelson on

As the 2023 Hurricane season continues, the depleting Disaster Relief Fund isn't the only thing that participants in FEMA's programs should be concerned about. The increased focus on the rising costs of disasters and the...more

Baker Donelson

Hurricane Season is Here – Are You Ready for FEMA Funding?

Baker Donelson on

When a hurricane or other natural disaster hits, public and private non-profit entities often look to the Federal Emergency Management Association (FEMA) for financial assistance. But obtaining and keeping FEMA Public...more

Baker Donelson

Recent Trends in FEMA COVID-19 Appeal and Arbitration Decisions

Baker Donelson on

Recent Federal Emergency Management Agency (FEMA) second appeal decisions and United States Civilian Board of Contract Appeal (CBCA) arbitration decisions indicate that FEMA is narrowly construing its policy language...more

Baker Donelson

Inconsistency Between FEMA's Appeal Policy and Appeal Regulations Proves Fatal to Appeal – and How to Avoid a Similar Fate

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In June, FEMA issued a second appeal decision that seemed incorrect, so we looked into it. The decision – available here – denied a Public Assistance second appeal filed by the East Boulder County Water District (District),...more

Baker Donelson

Filing a FEMA Public Assistance Appeal: The Real-Life Saga of Goldilocks and the Three Bears

Baker Donelson on

Many of us can recall the famous tale of "Goldilocks and the Three Bears": A girl wanders into a home and tries multiple things, rejecting them until she finds the one that is just right. Appealing an unfavorable FEMA Public...more

Baker Donelson

COVID-19 PANDEMIC: Extension of PHE and Impact to FEMA Claims

Baker Donelson on

On October 13, 2022, the Secretary of the U.S. Department of Health and Human Services (HHS), Xavier Becerra, once again renewed the declaration of a Public Health Emergency (PHE) under the Public Health Service Act due to...more

Baker Donelson

Hurricane Ian: Declaration Updates – Applying for FEMA Public Assistance

Baker Donelson on

It has now been two weeks since Hurricane Ian made its historic landfall on the west coast of Florida as a Category 4 hurricane, tying with several other storms as the fifth-strongest hurricane on record to make landfall in...more

Baker Donelson

New FEMA Clarification Regarding Codes & Standards Requirements

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On September 28, 2022, FEMA issued a memorandum to Regional Administrators clarifying the agency's 2019 list of approved codes, specifications, and standards that may be required for Public Assistance-funded projects. This...more

Adams & Reese

Hurricane Ian Federal Disaster Recovery Funding

Adams & Reese on

On September 28, 2022, Hurricane Ian, a catastrophic Category 4 storm with winds topping 140mph and a storm surge of up to 18 feet made landfall on the western coast of Florida near Cayo Costa, Florida. The following day,...more

Baker Donelson

Hurricane Ian: Preparing for Public Assistance

Baker Donelson on

Our thoughts are with our colleagues, clients, and friends affected by Hurricane Ian as it continues to wreak havoc on the State of Florida. At this time, safety of residents, search and rescue, and support of critical...more

Baker Donelson

DEADLINE TODAY: FEMA Produces First Substantive Proposed Approach on Duplication of Benefits for Hospitals

Baker Donelson on

On September 6, 2022, FEMA publicly released its "Proposed Approach" for dealing with the potential duplication of benefits (DOB) of patient care revenue to public assistance grants. Before this date, FEMA policy statement on...more

Baker Donelson

FEMA Increases Public Assistance Program's Simplified Procedures Small Project Threshold

Baker Donelson on

The Federal Emergency Management Agency (FEMA) recently revised its regulations regarding the Public Assistance (PA) program that provides grants to state, local, tribal, and territorial governments, as well as eligible...more

Baker Donelson

FEMA Seeks Public Comment on Proposed Public Assistance COVID-19 Policy on Deadlines and Overlapping Sources of Funding

Baker Donelson on

FEMA is now accepting public comment on its draft Coronavirus (COVID-19) Pandemic: Public Assistance Programmatic Deadlines policy. With respect to DEADLINES, the policy would, among other things: Confirm all Requests...more

Baker Donelson

BREAKING: FEMA Sets Deadlines Applicable to Pandemic Claims

Baker Donelson on

On April 1, 2022, new information was released regarding the final date that Federal Emergency Management Agency (FEMA) will accept new applicants into its Public Assistance (PA) Program and setting a deadline for submission...more

Baker Donelson

UPDATED: President Biden Extends 100 Percent Cost Share for COVID-19 Public Assistance

Baker Donelson on

On March 1, 2022, President Joe Biden extended the 100 percent federal cost share for Public Assistance through July 1, 2022. In a subsequent advisory announcement from FEMA, the agency announced that after that date, the...more

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