an immediate threat resulting from the declared incident or that other work is required to address damage caused by the declared incident. Since debris removal is often a major part of a Subrecipient’s work and costs, FEMA pays special attention to ensuring that the work is necessary to alleviate an immediate threat that was generated during the declared incident period and directly by the declared incident. For temporary repairs or other emergency protective measures, mold remediation, and Permanent Work,⁴ Subrecipients are only required to demonstrate that damage was caused directly by the declared incident. However, FEMA will review these types of work to ensure the repairs are not needed due to other factors such as deterioration, deferred maintenance, negligence or the Subrecipient’s failure to take measures to protect a facility from further damage. Examples of these factors are provided in the section titled “Test #2.” While one would assume that a Subrecipient would not arbitrarily take on extraordinary work unless it was required to achieve a prompt response and recovery following a disaster, this alone is not sufficient to satisfy FEMA’s eligibility requirements. Often, how a Subrecipient describes what was done and the reasons for doing it will be key determining factors. Because this criteria is broad, it is extremely important to succinctly define the what, why, where, how, and by whom for every task for which a Subrecipient hopes to seek reimbursement. It is equally important to further support a claim with all pertinent documentation, such as damage photographs or condemnation notices.
Primarily, Subrecipients know best what needs to be done in the immediate aftermath of a disaster. However, it is common for those efforts to be questioned by FEMA months, or even years, after an event. If a Subrecipient clearly believes that their efforts were required as the result of an event, and FEMA and the state do not agree, the Subrecipient must be prepared to appeal that determination in accordance with CFR 44 206.206 (Appeals). TEST #2 Caused by the Event (No pre-existing damage or negligence) While this requirement might seem self- explanatory, this area is often subject to disagreement between Subrecipients and FEMA. The following are examples of questions that may be asked to satisfy this requirement:
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