81_FR_18934 81 FR 18871 - Recovery Policy: Stafford Act Section 705, Disaster Grant Closeout Procedures

81 FR 18871 - Recovery Policy: Stafford Act Section 705, Disaster Grant Closeout Procedures

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 81, Issue 63 (April 1, 2016)

Page Range18871-18872
FR Document2016-07453

This document provides notice of the availability of the final policy FP 205-081-2, Stafford Act Section 705, Disaster Grant Closeout Procedures. The Federal Emergency Management Agency (FEMA) published a notice of availability and request for comment for the proposed policy on September 30, 2015 at 80 FR 58751.

Federal Register, Volume 81 Issue 63 (Friday, April 1, 2016)
[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Notices]
[Pages 18871-18872]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07453]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0020]


Recovery Policy: Stafford Act Section 705, Disaster Grant 
Closeout Procedures

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This document provides notice of the availability of the final 
policy FP 205-081-2, Stafford Act Section 705, Disaster Grant Closeout 
Procedures. The Federal Emergency Management Agency (FEMA) published a 
notice of availability and request for

[[Page 18872]]

comment for the proposed policy on September 30, 2015 at 80 FR 58751.

DATES: This policy is effective March 31, 2016.

ADDRESSES: This final policy is available at http://www.regulations.gov 
under docket ID FEMA-2015-0020 and on FEMA's Web site at http://www.fema.gov. The proposed and final policy, all related Federal 
Register notices, and all public comments received during the comment 
period are available at http://www.regulations.gov under docket ID 
FEMA-2015-0020. You may also view a hard copy of the final policy at 
the Office of Chief Counsel, Federal Emergency Management Agency, 500 C 
St. SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: William Roche, Federal Emergency 
Management Agency, 500 C Street SW., Washington, DC 20472, 202-212-
2340.

SUPPLEMENTARY INFORMATION: This policy clarifies FEMA's requirements 
under Section 705 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (Act), and establishes the guidelines to 
determine whether Section 705 applies to prohibit FEMA from recovering 
payments made under the Public Assistance Program. The substantive 
change to this final policy from the proposed policy that was published 
in the Federal Register on September 30, 2015 is the guidance for 
determining when payment has been made under the Act. The final policy 
establishes in policy Section VII.B.1.a that ``Payment has occurred 
when the recipient draws down funds obligated for the completion of the 
approved scope of work through SmartLink.'' This is a revision to the 
proposed policy which stated that payment occurred when the recipient 
or pass through entity had drawn down all funds necessary to complete 
the approved scope of work through SmartLink (emphasis added). The 
final policy further clarifies that if Section 705(c) applies, FEMA is 
prohibited from recovering payments made (e.g., the amount of funds 
drawn down by the recipient in association with completion of the 
approved scope of work), but that FEMA is not prohibited from 
deobligating funds that the recipient has not drawn down. The final 
policy also adds language explicitly establishing that when Section 
705(a) Statute of Limitations applies to prohibit FEMA from directly 
recovering subject payments, FEMA will still pursue administrative 
offset as appropriate pursuant to the Debt Collection Improvement Act 
of 1996, as amended, unless Section 705(c) prohibits the recovery of 
funds.
    The final policy does not have the force or effect of law.

    Authority:  42 U.S.C. 5205.

    Dated: March 29, 2016.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-07453 Filed 3-31-16; 8:45 am]
 BILLING CODE 9111-23-P



                                                                                     Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices                                                           18871

                                                                                                            Chief executive officer of                                                Effective date of            Community
                                                       State and county      Location and case No.                                              Community map repository
                                                                                                                   community                                                            modification                  No.

                                                        Collin (FEMA         Town of Prosper (15–       The Honorable Ray Smith, Mayor,     Engineering Services Department,     Jan. 28, 2016 ................       480141
                                                          Docket No.: B–       06–0487P).                 Town of Prosper, P.O. Box 307,      407 East 1st Street, Prosper, TX
                                                          1549).                                          Prosper, TX 75078.                  75078.
                                                        Dallas (FEMA         City of Cedar Hill (15–    The Honorable Rob Franke,           City Hall, 285 Uptown Boulevard,     Jan. 7, 2016 ..................      480168
                                                          Docket No.: B–       06–1030P).                 Mayor, City of Cedar Hill, 285      Building 100, Cedar Hill, TX
                                                          1549).                                          Uptown Boulevard, Building 100,     75104.
                                                                                                          Cedar Hill, TX 75104.
                                                        Denton (FEMA         Town of Prosper (15–       The Honorable Ray Smith, Mayor,     Engineering Services Department,     Jan. 21, 2016 ................       480141
                                                          Docket No.: B–       06–1600P).                 Town of Prosper, P.O. Box 307,      407 East 1st Street, Prosper, TX
                                                          1549).                                          Prosper, TX 75078.                  75078.
                                                        El Paso (FEMA        City of El Paso (15–       The Honorable Oscar Leeser,         City Hall, 300 North Campbell        Feb. 5, 2016 ..................      480214
                                                          Docket No.: B–       06–1599P).                 Mayor, City of El Paso, 300         Street, El Paso, TX 79901.
                                                          1554).                                          North Campbell Street, El Paso,
                                                                                                          TX 79901.
                                                        Harris (FEMA         Unincorporated areas       The Honorable Ed Emmett, Harris     Harris County Permit Office, 10555   Jan. 11, 2016 ................       480287
                                                          Docket No.: B–       of Harris County           County Judge, 1001 Preston          Northwest Freeway, Suite 120,
                                                          1545).               (15–06–1734P).             Street, Suite 911, Houston, TX      Houston, TX 77092.
                                                                                                          77002.
                                                        McLennan (FEMA       City of Waco (15–06–       The Honorable Malcolm Duncan,       Engineering    Department,    401    Jan. 22, 2016 ................       480461
                                                         Docket No.: B–        1601P)..                   Jr., Mayor, City of Waco, P.O.      Franklin Avenue, Waco, TX
                                                         1549).                                           Box 2570, Waco, TX 76702.           76701.
                                                        McLennan (FEMA       Unincorporated areas       The Honorable Scott Felton,         McLennan County Engineering          Jan. 22, 2016 ................       480456
                                                         Docket No.: B–        of McLennan County         McLennan County Judge, 501          Department, 215 North 5th
                                                         1549).                (15–06–1601P).             Washington Avenue, Waco, TX         Street, Suite 130, Waco, TX
                                                                                                          76701.                              76701.
                                                        Williamson (FEMA     City of Leander (14–       The Honorable Christopher Field-    City Hall, 200 West Willis Street,   Feb. 5, 2016 ..................      481536
                                                         Docket No.: B–        06–2567P).                 er, Mayor, City of Leander, 200     Leander, TX 78641.
                                                         1554).                                           West Willis Street, Leander, TX
                                                                                                          78641.
                                                    Utah:
                                                        Carbon (FEMA         City of Price (15–08–      The Honorable Joe Piccolo,          City Hall, 185 East Main Street,     Jan. 6, 2016 ..................      490036
                                                          Docket No.: B–       0486P).                    Mayor, City of Price, 185 East      Price, UT 84501.
                                                          1545).                                          Main Street, Price, UT 84501.
                                                        Washington           City of Washington         The Honorable Ken Neilson,          Planning and Zoning Department,      Jan. 27, 2016 ................       490182
                                                          (FEMA Docket         (15–08–0247P).             Mayor, City of Washington, 111      111 North 100 East, Wash-
                                                          No.: B–1549).                                   North 100 East, Washington, UT      ington, UT 84780.
                                                                                                          84780.
                                                    Virginia: Fairfax (FEMA Unincorporated areas        The Honorable Edward L. Long,       Fairfax County Planning and Zon-     Jan. 7, 2016 ..................      515525
                                                      Docket No.: B–1549).    of Fairfax County           Jr., Fairfax County Executive,      ing Department, 12000 Govern-
                                                                              (15–03–1596P).              12000 Government Center Park-       ment Center Parkway, Fairfax,
                                                                                                          way, Fairfax, VA 22035.             VA 22035.



                                                    [FR Doc. 2016–07391 Filed 3–31–16; 8:45 am]             SUPPLEMENTARY INFORMATION:     The notice              (Presidentially Declared Disasters); 97.039,
                                                    BILLING CODE 9110–12–P                                  of a major disaster declaration for the                Hazard Mitigation Grant.
                                                                                                            State of Texas is hereby amended to                    W. Craig Fugate,
                                                                                                            include the following areas among those                Administrator, Federal Emergency
                                                    DEPARTMENT OF HOMELAND                                  areas determined to have been adversely                Management Agency.
                                                    SECURITY                                                affected by the event declared a major                 [FR Doc. 2016–07393 Filed 3–31–16; 8:45 am]
                                                                                                            disaster by the President in his
                                                    Federal Emergency Management                                                                                   BILLING CODE 9110–23–P
                                                                                                            declaration of February 9, 2016.
                                                    Agency
                                                                                                              Borden, Cass, Collingsworth, Cottle,
                                                                                                            Crosby, Delta, Donley, Fisher, Floyd, Foard,           DEPARTMENT OF HOMELAND
                                                    [Internal Agency Docket No. FEMA–4255–                  Franklin, Haskell, Hockley, Jones, Knox,
                                                    DR; Docket ID FEMA–2016–0001]
                                                                                                                                                                   SECURITY
                                                                                                            Leon, Motley, Nolan, Scurry, Shackelford,
                                                                                                            Stonewall, Terry, Trinity, Walker, Wheeler,            Federal Emergency Management
                                                    Texas; Amendment No. 1 to Notice of                     and Wilbarger Counties for Public
                                                    a Major Disaster Declaration                                                                                   Agency
                                                                                                            Assistance.
                                                                                                              The following Catalog of Federal Domestic            [Docket ID FEMA–2015–0020]
                                                    AGENCY: Federal Emergency
                                                    Management Agency, DHS.                                 Assistance Numbers (CFDA) are to be used
                                                                                                            for reporting and drawing funds: 97.030,               Recovery Policy: Stafford Act Section
                                                    ACTION: Notice.                                         Community Disaster Loans; 97.031, Cora                 705, Disaster Grant Closeout
                                                                                                            Brown Fund; 97.032, Crisis Counseling;                 Procedures
                                                    SUMMARY:   This notice amends the notice                97.033, Disaster Legal Services; 97.034,
                                                    of a major disaster declaration for the                                                                        AGENCY: Federal Emergency
                                                                                                            Disaster Unemployment Assistance (DUA);
                                                    State of Texas (FEMA–4255–DR), dated                                                                           Management Agency, DHS.
                                                                                                            97.046, Fire Management Assistance Grant;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    February 9, 2016, and related                           97.048, Disaster Housing Assistance to                 ACTION: Notice.
                                                    determinations.                                         Individuals and Households In Presidentially
                                                                                                                                                                   SUMMARY:   This document provides
                                                    DATES: Effective Date: March 15, 2016.                  Declared Disaster Areas; 97.049,
                                                                                                            Presidentially Declared Disaster Assistance—
                                                                                                                                                                   notice of the availability of the final
                                                    FOR FURTHER INFORMATION CONTACT:                        Disaster Housing Operations for Individuals            policy FP 205–081–2, Stafford Act
                                                    Dean Webster, Office of Response and                    and Households; 97.050 Presidentially                  Section 705, Disaster Grant Closeout
                                                    Recovery, Federal Emergency                             Declared Disaster Assistance to Individuals            Procedures. The Federal Emergency
                                                    Management Agency, 500 C Street SW.,                    and Households—Other Needs; 97.036,                    Management Agency (FEMA) published
                                                    Washington, DC 20472, (202) 646–2833.                   Disaster Grants—Public Assistance                      a notice of availability and request for


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                                                    18872                            Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices

                                                    comment for the proposed policy on                      unless Section 705(c) prohibits the                      • Mail: Academic Engagement; Office
                                                    September 30, 2015 at 80 FR 58751.                      recovery of funds.                                    of Academic Engagement/Mailstop 385;
                                                    DATES: This policy is effective March 31,
                                                                                                              The final policy does not have the                  Department of Homeland Security; 245
                                                    2016.                                                   force or effect of law.                               Murray Lane SW., Washington, DC
                                                                                                              Authority: 42 U.S.C. 5205.                          20528–0440.
                                                    ADDRESSES: This final policy is available
                                                                                                                                                                     Instructions: All submissions received
                                                    at http://www.regulations.gov under                      Dated: March 29, 2016.
                                                                                                                                                                  must include the words ‘‘Department of
                                                    docket ID FEMA–2015–0020 and on                         W. Craig Fugate,
                                                                                                                                                                  Homeland Security’’ and the docket
                                                    FEMA’s Web site at http://                              Administrator, Federal Emergency
                                                                                                                                                                  number for this action. Comments
                                                    www.fema.gov. The proposed and final                    Management Agency.
                                                                                                                                                                  received will be posted without
                                                    policy, all related Federal Register                    [FR Doc. 2016–07453 Filed 3–31–16; 8:45 am]
                                                                                                                                                                  alteration at http://www.regulations.gov,
                                                    notices, and all public comments                        BILLING CODE 9111–23–P
                                                                                                                                                                  including any personal information
                                                    received during the comment period are
                                                                                                                                                                  provided.
                                                    available at http://www.regulations.gov
                                                    under docket ID FEMA–2015–0020. You                     DEPARTMENT OF HOMELAND                                   Docket: For access to the docket, to
                                                    may also view a hard copy of the final                  SECURITY                                              read background documents or
                                                    policy at the Office of Chief Counsel,                                                                        comments received by the HSAAC, go to
                                                                                                            [Docket No. DHS–2016–0017]                            http://www.regulations.gov and search
                                                    Federal Emergency Management
                                                    Agency, 500 C St. SW., Washington, DC                                                                         for ‘‘Homeland Security Academic
                                                                                                            Committee name: Homeland Security                     Advisory Council’’ then select the
                                                    20472.                                                  Academic Advisory Council                             notice dated April 20, 2016.
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            AGENCY:  Department of Homeland                          One thirty-minute public comment
                                                    William Roche, Federal Emergency
                                                                                                            Security.                                             period will be held during the meeting
                                                    Management Agency, 500 C Street SW.,
                                                                                                            ACTION: Committee Management; Notice                  on April 20, 2016 after the conclusion
                                                    Washington, DC 20472, 202–212–2340.
                                                                                                            of Federal Advisory Committee Meeting.                of the presentation of draft
                                                    SUPPLEMENTARY INFORMATION: This                                                                               recommendations, but before the
                                                    policy clarifies FEMA’s requirements                    SUMMARY:    The Homeland Security                     Council deliberates. Speakers will be
                                                    under Section 705 of the Robert T.                      Academic Advisory Council (HSAAC)                     requested to limit their comments to
                                                    Stafford Disaster Relief and Emergency                  will meet on April 20, 2016 in                        three minutes. Contact the Office of
                                                    Assistance Act (Act), and establishes the               Washington, DC. The meeting will be                   Academic Engagement as indicated
                                                    guidelines to determine whether Section                 open to the public.                                   below to register as a speaker.
                                                    705 applies to prohibit FEMA from                       DATES: The HSAAC will meet
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                    recovering payments made under the                      Wednesday, April 20, 2016, from 10:00                 Lindsay Burton, Office of Academic
                                                    Public Assistance Program. The                          a.m. to 3:30 p.m. Please note that the                Engagement/Mailstop 385; Department
                                                    substantive change to this final policy                 meeting may close early if the Council                of Homeland Security; 245 Murray Lane
                                                    from the proposed policy that was                       has completed its business.                           SW., Washington, DC 20528–0440,
                                                    published in the Federal Register on                    ADDRESSES: The meeting will be held at                email:
                                                    September 30, 2015 is the guidance for                  the Tomich Conference Center, 111                     AcademicEngagement@hq.dhs.gov,
                                                    determining when payment has been                       Massachusetts Ave NW., Washington,                    telephone: 202–447–4686 and fax: 202–
                                                    made under the Act. The final policy                    DC 20529. All visitors to the Tomich                  282–1044.
                                                    establishes in policy Section VII.B.1.a                 Conference Center must bring a
                                                    that ‘‘Payment has occurred when the                                                                          SUPPLEMENTARY INFORMATION: Notice of
                                                                                                            Government-issued photo ID.
                                                    recipient draws down funds obligated                       For information on facilities or                   this meeting is given under the Federal
                                                    for the completion of the approved                      services for individuals with disabilities            Advisory Committee Act, 5 U.S.C.
                                                    scope of work through SmartLink.’’ This                 or to request special assistance at the               Appendix. The HSAAC provides advice
                                                    is a revision to the proposed policy                    meeting, send an email to                             and recommendations to the Secretary
                                                    which stated that payment occurred                      AcademicEngagement@hq.dhs.gov or                      and senior leadership on matters
                                                    when the recipient or pass through                      contact Lindsay Burton at 202–447–                    relating to student and recent graduate
                                                    entity had drawn down all funds                         4686 as soon as possible.                             recruitment; international students;
                                                    necessary to complete the approved                         To facilitate public participation, we             academic research; campus and
                                                    scope of work through SmartLink                         are inviting public comment on the                    community resiliency, security and
                                                    (emphasis added). The final policy                      issues to be considered by the Council                preparedness; faculty exchanges; and
                                                    further clarifies that if Section 705(c)                prior to the adoption of the                          cybersecurity.
                                                    applies, FEMA is prohibited from                        recommendations as listed in the                         Agenda: The six Council
                                                    recovering payments made (e.g., the                     SUPPLEMENTARY INFORMATION section                     subcommittees (Student and Recent
                                                    amount of funds drawn down by the                       below. Comments must be submitted in                  Graduate Recruitment, Homeland
                                                    recipient in association with completion                writing no later than Tuesday, April 13,              Security Academic Programs, Academic
                                                    of the approved scope of work), but that                2016, must include DHS–2016–0017 as                   Research and Faculty Exchange,
                                                    FEMA is not prohibited from                             the identification number, and may be                 International Students, Campus
                                                    deobligating funds that the recipient has               submitted using one of the following                  Resilience, and Cybersecurity) will give
                                                    not drawn down. The final policy also                                                                         progress reports and may present draft
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            methods:
                                                    adds language explicitly establishing                      • Federal eRulemaking Portal: http://              recommendations for action in response
                                                    that when Section 705(a) Statute of                     www.regulations.gov. Follow the                       to the taskings issued by the
                                                    Limitations applies to prohibit FEMA                    instructions for submitting comments.                 Department. DHS senior leadership will
                                                    from directly recovering subject                           • Email:                                           provide an update on the Department’s
                                                    payments, FEMA will still pursue                        AcademicEngagement@hq.dhs.gov.                        efforts in implementing the Council’s
                                                    administrative offset as appropriate                    Include the docket number in the                      approved recommendations as well as
                                                    pursuant to the Debt Collection                         subject line of the message.                          its recent initiatives with the academic
                                                    Improvement Act of 1996, as amended,                       • Fax: 202–282–1044                                community.


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Document Created: 2016-04-06 00:08:13
Document Modified: 2016-04-06 00:08:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis policy is effective March 31, 2016.
ContactWilliam Roche, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 202-212- 2340.
FR Citation81 FR 18871 

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