...instances, FEMA has asked an applicant to stamp sensitive materials with “not subject to FOIA requests” based on their internal policies and regulations.
Due to code compliance issues raised by requirements such as the Americans with Disabilities Act (ADA), Environmental and Historic Preservation (EHP) considerations, foodplain management and wetland protection, among others, a Subrecipient must also consider “what has to be.” Under the FEMA Public Assistance (PA) Program, additional funding is available to bring public facilities up to code. It is important to note that only the damaged elements of the facility afected by the event qualify for this additional funding. What is allowable varies and is subject to FEMA scrutiny on the following basis:
FEMA provides PA funding to restore facilities on the basis of pre-disaster design and function in conformity with current applicable codes, specifcations, and standards that meet specifc eligibility criteria. Upgrades required by Federal, State, Territorial, Tribal, or local repair or replacement codes or standards are eligible only if the code or standard:
Once these two elements —“as it was” and “as it has to be”— have been established, a Subrecipient must then decide how they “will” or “should” accomplish repairing or rebuilding damaged facilities as part of their rebuilding plan. As mentioned in previous issues, even if a Subrecipient knows ahead of time that they are going to improve, drastically change, or not repair a facility, it is imperative to ensure that an accurate scope and cost estimate is developed for both “as it was” and “as it has to be” in order to establish a baseline for...