Legal Minute: February 23

FEMA Second Appeals

City of Fort Lauderdale dated 2/13/2026
- Category: Result of Declared Incident
- Disaster 4709: Severe storms caused tornadoes, rain and flooding / Florida (Apr. 12-14, 2023)
- Conclusion: The work to repair the claimed damages are not the direct result of the disaster. Therefore, the appeal is denied.

- Category: Net Small Project Overrun
- Disaster 4431: Severe storms and flooding / California (Feb. 13-15, 2019)
- Conclusion: The requested costs for debris removal and professional services are not tied to the approved scope of work. Therefore, this appeal is denied.

- Category: Application Procedures
- Disaster 4781: Severe storms, straight line winds, tornadoes, and flooding / Texas (Apr. 26 – June 5, 2024)
- Conclusion: Valley View has not demonstrated that there were extenuating circumstances outside of its or the Recipient’s control to justify an extension for an RPA submission. (Denied)

- Category: Financial Accounting and Reconciliation, Private Nonprofit
- Disaster 4507: COVID-19 Pandemic / Ohio (Jan. 20, 2020 – May11, 2023)
- Conclusion: St. Luke’s is not eligible for PA funding because it is not currently a tax-exempt PNP doing business in the state of Ohio and does not own or operate an eligible PNP facility. Because St. Luke’s is not an eligible applicant, any assistance would be an improper payment of federal funds. Therefore, St. Luke’s consolidated appeals are denied.

- Category: Immediate Threat, Force Account Labor & Equipment Costs
- Disaster 4516: COVID-19 Pandemic / New Hampshire (Jan. 20, 2020 – May11, 2023)
- Conclusion: The Applicant’s backfill labor costs are ineligible for assistance. Therefore, this appeal is denied.

Town of Esperance dated 2/4/2026
- Category: Alternate Project, Work Completion Deadlines
- Disaster 4020: Hurricane Irene / New York (Aug. 26 – Sept. 5, 2011)
- Conclusion: The Applicant completed work outside of the approved scope of work without prior approval, and did not provide the required information to support the eligibility of the alternate project request. (Denied)

OIG Reports

CBCA Decisions

- Decision: The contract costs incurred for emergency protective measure for the call center in the amount of $45,402.98 are eligible for PA funding. Appellant’s revised costs for FAL and FAE are not eligible for PA funding.. (Goodman)

Buffalo Ridge Regional Railroad Authority dated 2/17/2026
- Decision: As owner of the Railroad, BRRRA has responsibility for any restoration of the Railroad necessitated by the disaster at issue in this matter. Contrary to FEMA’s determination in its first appeal decision, the lease agreement between BRRRA and E&E did not transfer that responsibility to E&E. The panel returns the matter to FEMA for further review of BRRRA’s PA funding requests in accordance with this decision. (Lester)

Federal Register Rules, Proposed Rules, Notices or Presidential Documents by FEMA

Title 44 Chapter I

None posted in the last week
Last published 11/1/2024 – National Flood Insurance Program Installment Payment Plan
- Summary: The National Flood Insurance Program (NFIP) is a voluntary program in which interested persons can purchase flood insurance for their property, if it is located in a community that participates in the NFIP by adopting and enforcing a set of minimum floodplain management requirements to reduce future flood damages. FEMA is revising the NFIP’s regulations to offer NFIP policyholders the option of paying their annual flood insurance premium in monthly installments This rule is effective December 31, 2024.

Title 2 Subtitle A Chapter 11

- Summary: The National Flood Insurance Program (NFIP), established pursuant to the National Flood Insurance Act of 1968, as amended, is a voluntary program in which participating communities adopt and enforce a set of minimum floodplain management requirements to reduce future flood damages. This proposed rule would revise the NFIP’s implementing regulations to codify certain provisions of the Biggert-Waters Flood Insurance Reform Act of 2012 and the Homeowner Flood Insurance Affordability Act of 2014 that FEMA has already implemented and to clarify certain existing NFIP rules relating to NFIP operations and the Standard Flood Insurance Policy.