FEMA Public Assistance (PA) FAQs

Only certain PNPs are eligible Applicants. To be an eligible PNP Applicant, the PNP must show that it has:

• A ruling letter from the U.S. Internal Revenue Service that was in effect as of the declaration date and granted tax exemption under sections 501(c), (d), or (e) of the Internal Revenue Code; or
• Documentation from the State substantiating it is a non-revenue producing, nonprofit entity organized or doing business under State law.

If the organization is not required to obtain 501(c)(3) status or tax-exempt status under applicable State law, the organization must provide articles of association, bylaws, or other documents indicating that it is an organized entity, and a certification that it is compliant with Internal Revenue Code section 501(c)(3) and State law requirements.

Additionally, prior to determining whether the PNP is eligible, FEMA must first determine whether the PNP owns or operates an eligible facility. For PNPs, an eligible facility is one that provides one of the services listed below (the declared incident must have damaged the facility):

• A facility that provides a critical service, which is defined as education, utility, emergency, or medical or
• A facility that provides a noncritical, but essential social service AND provides those services to the general public. PNP facilities generally meet the requirement of serving the general public if ALL of the following conditions are met.
  • Facility use is not limited to any of the following:
    • A certain number of individuals;
    • A defined group of individuals who have a financial interest in the facility, such as a condominium association;
    • Certain classes of individuals; or
    • An unreasonably restrictive geographical area, such as a neighborhood within a community;
  • Facility access is not limited to a specific population (such as those with gates or other security systems intended to restrict public access); and
  • Any membership fees meet all of the following criteria:
    • Are nominal;
    • Are waived when an individual can show inability to pay the fee;
    • Are not of such magnitude to preclude use by a significant portion of the community; and
    • Do not exceed what is appropriate based on other facilities used for similar services.
• Certain types of facilities, such as senior centers, that restrict access in a manner clearly related to the nature of the facility, are still considered to provide essential social services to the general public.

In cases where the facility provides multiple services, such as a community center, FEMA reviews additional items to determine the primary service that facility provides. Facilities established or primarily used for political, athletic, recreational, vocational, or academic training, conferences, or similar activities are ineligible.

Source:  FEMA PAPPG V4, pages 43 & 44

References

Table 1. PNP Eligible Critical Services, page 45

Table 2. PNP Eligible Noncritical, Essential Social Services, page 46

Table 3. PNP Ineligible Services, page 47

Each year municipalities that have received a federal funds (grants, loans, etc.) are required to submit the Subrecipient Annual Report  (SAR) to the State of Vermont within forty-five (45) days after their fiscal year end.  A municipality is required to have a single audit if it expends $750,000 or more in federal funds during its fiscal year. This federal funding may come directly from the federal government, through the State of Vermont, or through another organization. The municipality's business manager, controller, treasurer or other financial official should compile federal expenditures from all sources and determine if the municipality exceeded the $750,000 threshold. It is for this reason that the Subrecipient Annual Report should be completed by the financial official in your municipality who has access to grant information for the entire organization.

A helpful SAR Frequently Asked Questions page can be found HERE.  Q15 answers the question: when are FEMA Public Assistance funds are considered "expended" relative to triggering a single audit?

According to the August 6, 2013 memo from the US Department of Homeland Security titled, “Audit of Eligible Stafford Act Claimed Costs,” the recording of expenditures related to Stafford Act funds should be based on when the funds are approved (i.e., approval of the Award Worksheet) since that is when FEMA actually obligates funds to such recipient. 

This means that FEMA PA funds are considered to be “expended” when FEMA has obligated funds to a subrecipient based on an approved Project Worksheet, not when the subrecipient incurs the cost. 

The following types of local governments are eligible Applicants:

• Counties;
• Municipalities, cities, towns, ;
• Local public authorities;
• School districts;
• Intrastate districts;
• Councils of governments (regardless of whether incorporated as nonprofit corporations under State law);
• Regional and interstate government entities;
• Agencies or instrumentalities of local governments;
• State recognized Tribes; and
• Special districts established under State law.

Community Development Districts are special districts that finance, plan, establish, acquire, construct or reconstruct, operate, and maintain systems, facilities, and basic infrastructure within their respective jurisdictions. To be eligible, a Community Development District must own and be legally responsible for maintenance, and operation of an eligible facility that is open to and serves the general public.

The State or a political subdivision of the State may submit applications on behalf of rural communities, unincorporated towns or villages, and other public entities not listed above. 

Source:  FEMA PAPPG V4, pages 42

FEMA’s Schedule of Equipment Rates (2021 Rates were in effect on July 9, 2023, the start of the disaster) are for applicant-owned equipment in good mechanical condition, complete with all required attachments. Equipment must be in actual operation performing eligible work for reimbursement to be eligible. Labor costs of the operator are not included in the rates and should be approved separately from equipment costs. You should use the Equipment Rates that were in effect at the time of the disaster declaration; for DR-4720-VT, use 2021 Equipment Rates. 

(Source: FEMA: Schedule of Equipment Rates - use the 2021 Equipment Rates schedule NOT 2023)

In August 2022, FEMA published a final rule to increase the established threshold for Small Project maximum for the agency’s Public Assistance (PA) program to $1,000,000 (Small Project). The increased threshold reduces the administrative burden on state, local, tribal, or territorial (SLTT) governments and private non-profit (PNP) organizations receiving FEMA financial grants following a disaster.* 

The Vermont Department of Public Safety (DPS) is Vermont's "Recipient" of all FEMA Public Assistance dollars - State and municipal.  For municipalities' portion, they "subgrant" these funds.  Although FEMA has set the Small Project maximum at $1,000,000, VT DPS has adopted a lesser threshold per their internal procedures to mitigate risk.  **

Sources: 

*FEMA Policy: Public Assistance Simplified Procedures FEMA Policy FP-104-23-001

**Public Assistance Grant Program Briefing (pages 25 and 39)

Force Account labor is labor performed by non-contracted forces (such as City, County, or State employees).

Yes, FEMA does have a glossary of terms.

Yes.

Vermont received a Presidential Major Disaster Declaration on July 14, 2023. Local governments in most counties will be eligible for 75% reimbursement for repairs to roads, bridges, and other infrastructure; local cost share will be 25%. The State of Vermont may contribute towards the local cost share of 25% using the Emergency Relief Assistance Fund (ERAF). State contribution amounts are based on a municipality taking specific steps to reduce flood damage.

Emergency work and the repair or replacement of disaster-damaged facilities, which MAY* include the following Categories:

A - Debris removal

B - Emergency protective measures

C – Roads and bridges

D – Water control facilities

E – Public Buildings and equipment

F – Public Utilities

G – Parks, recreational and other facilities

Z - Administrative cost

Categories A (debris removal) and B (emergency protective measures – must be completed within 6 months) may be authorized under an emergency declaration. Categories C-G (permanent work – must be completed within 18 months) are authorized under a major disaster declaration. 

(Source: FEMA – How a Disaster Gets Declared, scroll to the section: “ASSISTANCE AVAILABLE UNDER MAJOR DISASTER DECLARATIONS”)

*Currently authorized categories for reimbursement and the associated Designated Areas can be found on FEMA's Vermont Severe Storms and Flooding - DR-4720-VT webpage. Be sure to click on the "PDF of Map" button rather than rely on the graphic visible on the site. The visible graphic does not portray the full extent of the declaration. Please be advised the authorized categories may change as FEMA continues to conduct preliminary damage assessments.

The mission of the Federal Emergency Management Agency’s (FEMA’s) Public Assistance (PA) Program is to provide assistance to State, local, Territorial, or Tribal, and local (SLTT) governments, and certain types of private nonprofit (PNP) organizations so that communities can quickly respond to and recover from major disasters or emergencies declared by the President. Through the PA Program, FEMA provides supplemental Federal grant assistance for debris removal, emergency protective measures, and the restoration of disaster-damaged, publicly owned facilities and specific facilities of certain PNP organizations. 

The State of Vermont is the “recipient” of Vermont’s PA funding for a presidential declared emergency or disaster.  Vermont Emergency Management (VEM), a division of the Department of Public Safety, is the State entity responsible for administering PA funds in partnership with FEMA.  Eligible Applicants for the Program that received PA funds are considered “subrecipients.” The Program reimburses subrecipients for at least 75 percent of eligible costs that were a result of the disaster.

(Source: FEMA: Public Assistance Program)

Yes. Your municipality's registration with SAM.gov must be active to be eligible for FEMA's Public Assistance Program funding.  

To sign into SAM.gov, you will need a Login.gov account. (Follow instructions here if you don't already have an account.)

Generally: The assistance FEMA provides through its PA Program is subject to a cost share (aka "match," "local match," "local share," "non-federal share"). The cost share ensures local interest and involvement through financial participation. The Federal share is not less than 75 percent of the eligible costs. FEMA may recommend an increase up to 90 percent if actual Federal obligations, excluding administrative costs, meet or exceed a qualifying threshold. 

(Source: Public Assistance Program and Policy Guide Version 4, Chapter 1 Pre-Award Activities, Section IV Presidential Declaration, Item E. Federal Cost Share, page 25.)

FEMA will make contact with your municipality only after your municipality/agency is an Applicant in the Grants Portal and your municipality/agency has attended an Applicant Briefing.  

Yes!  VLCT's Help for Homeowners with Damaged Driveways From the July 7-21, 2023 Flooding contains all the details your residents need to know to find the assistance they need.