Summary: As a result of Hurricanes Charley, Frances, Ivan, and Jeanne, (FEMA-1539/1545/1551/1561-DR-FL), the Department of Financial Services (Applicant) incurred costs for travel and material associated with deployment of its employees to Disaster Recovery Centers, contract labor for staffing emergency phone lines, and for establishing an electronic communications network. The Applicants employees assisted individuals in processing insurance claims, prioritized assistance to homeowners, and distributed educational information on structural damage prevention. On April 23, 2005, FEMA provided a memorandum stating these activities did not meet the criteria for emergency protective measures and thus were not eligible for Public Assistance funding. In its first appeal, the Applicant asserted that its efforts were essential to meet the immediate threats to life and property. The Applicant provided project worksheets for the claimed amount of $817,932 and requested that FEMA approve funding for this amount. On November 9, 2005, FEMA denied the Applicants first appeal, citing 44 CFR §206.201(b), which defines emergency protective measures as work ...which must be done immediately to save lives and to protect improved property and public health and safety, or to avert or lessen the threat of a major disaster. The Applicant filed a second appeal with FEMA on February 17, 2006.
Issues: (1) Do the Applicants actions eliminate an immediate threat to life, safety, or improved property?