Sneak Preview: FEMA Proposes Revisions to Public Assistance Rule
(The following was excerpted from a recent Thompson Grants Compliance Expert article.) The Federal Emergency Management Agency (FEMA) recently proposed to revise its Public Assistance program regulation at 44 C.F.R. Part 206 to comply with provisions in various current statutes, affirm that tribal governments may be Public Assistance recipients and establish deadlines for applicants to submit work and cost documentation to recipients.
The proposal also included other clarifications and corrections to improve program consistency. Comments on the proposal are due by Sept. 3 via Regulations.gov by referring to Docket No. FEMA-2023-0005.
The Public Assistance program provides a broad range of assistance to governmental recipients following presidentially declared disasters, offering funding for emergency protective measures and permanent restoration of facilities. The proposed rule would amend the definition of “recipient” as “the government that receives an award directly from FEMA and which is accountable for the use of the funds. The state or Indian tribal government for which the emergency or major disaster is declared is the recipient.”
FEMA’s proposal also would amend the current definition of “applicant” to be a “state agency, Indian tribal government, local government, or a private nonprofit organization or institution that owns or operates a private nonprofit (PNP) facility (i.e., a building, structure, system or equipment, that is built or manufactured, or an improved and maintained natural feature) submitting an application to the recipient” for public assistance.
The proposed rule would implement provisions in accordance with the following statutes: Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) (Pub. L. 109-295); Security and Accountability for Every Port Act of 2006 (SAFE Port Act), (Pub. L. 109-347): Pets Evacuation and Transportation Standards Act of 2006 (PETS Act) (Pub. L. 109-308); Sandy Recovery Improvement Act of 2013 (SRIA) (Pub. L. 113-2); Emergency Information Improvement Act of 2015 (Pub. L. 114-111); Bipartisan Budget Act of 2018 (Pub. L. 115-123) and FAA Reauthorization Act of 2018, Division D, Disaster Recovery Reform Act of 2018 (DRRA) (Pub. L. 115-254).
Addressing PKEMRA, the proposed rule would amend its current regulation to: (1) include “disability” and “English proficiency” in the list of grounds upon which discrimination in the provision of assistance is prohibited; (2) include performing arts and community arts facilities as eligible PNP facility applicants; and (3) cover essential assistance for the rescue, care, shelter and essential needs of household pets, service animals and assistance animals.
(The full version of this story has now been made available to all for a limited time here.)
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