PUBLIC ASSISTANCE: PRIVATE PROPERTY DEBRIS REMOVAL DR-4332-TX

Transcription

1 Fact Sheet PUBLIC ASSISTANCE: PRIVATE PROPERTY DEBRIS REMOVAL DR-4332-TX The Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program provides supplemental assistance to states, tribes, and local governmental entities, as well as certain private nonprofit organizations (hereinafter referred to as applicants). FEMA s Public Assistance Program and Policy Guide ( provides comprehensive information regarding FEMA assistance and the requirements that applicants must meet in order to receive the assistance. The purpose of this Fact Sheet is to provide key information to consider when planning debris removal from private property. Private property debris removal (PPDR) is generally not eligible for reimbursement under the PA Program. In limited circumstances, based on the severity of the impact of an incident, FEMA may determine that debris removal from private property is eligible under the PA Program. In making its determination, FEMA evaluates whether the impacts of debris on private property affect the general public in that community and whether the Applicant has legal authority to perform the work. If debris on private property is so widespread that it threatens public health and safety or the economic recovery of the community, FEMA may provide PA funding for debris removal from private property. This debris removal must be in the public interest, not merely benefiting an individual or a limited group of individuals within the community. In such cases, FEMA works with the state, territorial, tribal, and local governments to designate specific areas where debris removal from private property, including private waterways, is eligible. Approval for PPDR Traditionally, FEMA requires written approval prior to starting work. FEMA requires this to ensure that applicants have followed all legal processes and provided documentation to support that removal of the debris is in the public interest. Due to the magnitude of DR-4332-TX, FEMA is simplifying the process. Applicants must provide a written notice through the State to FEMA identifying the areas where it will be conducting PPDR (including identification of any orphaned roads, gated or ungated communities, or commercial property). Once submitted, the Applicant does not need to wait for FEMA approval to start work. However, FEMA approval is required to receive reimbursement and FEMA can only approve it if the Applicant documents how the removal is in the public interest. The Applicant must provide the following information prior to receiving reimbursement: A public interest determination; Documentation supporting the Applicant s legal authority to remove the debris; and Indemnification. The Applicant must provide confirmation that it has satisfied all legal processes and obtained permission requirements from the property owners (rights-of-entry or other unconditional authorization) and agreements to indemnify and hold harmless the Federal Government. FEMA s mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards. September 11, 2017 DR-4332-TX

2 Daily Fact Sheet Day 20 Austin Joint Field Office DR-4332-TX Sept. 13, 2017 Navigating the Road to Recovery: More Help in Your Community FEMA has deployed more than 1,800 inspectors to Texas and completed more than 90,000 inspections of homes damaged by Hurricane Harvey. Due to the magnitude of Hurricane Harvey, it may take up to 21 days for a FEMA inspector to contact an applicant and schedule an inspection. In general: o Don t wait to clean up. Take pictures of the damage. Start repairs to make your home safe and livable again or prevent further damage to your property. Save your receipts to show the inspector. o Displaced survivors unable to meet an inspector at their damaged home can designate an Authorized Agent who can be present during the inspections such as a trusted neighbor or relative. If you don t have someone in the area who can serve as your agent, the inspector can arrange for a FEMA employee to act as your agent and represent your interests. o Both homeowners and renters must provide identification and proof of occupancy such as a lease, rent receipt or utility bill. Homeowners will also be asked to provide proof of ownership, such as a property deed or title, mortgage payment book, property insurance policy or tax receipts. o For more information visit the FEMA website at: to view the fact sheets and infographics: What to Expect After You Apply for FEMA Aid, Separating Your Debris, and 8 Tips on Mold Cleanup. Dozens of FEMA teams are canvassing shelters and visiting storm-damaged communities. Using hand-held tablets, DSA team members can help survivors register for disaster assistance, update information on applications and make referrals to community partners. Members carry FEMA photo IDs. If their photo ID is not displayed, ask to see it. One more Disaster Recovery Center opened today in Beaumont. That brings the total to 17 DRCs throughout Texas. State and FEMA officials continue to work closely with local officials in hard-hit areas to identify suitable and accessible sites for recovery centers. Download the FEMA mobile app to your smartphone to find the nearest DRC and its hours. Before visiting a DRC, register with FEMA online at DisasterAssistance.gov. Federal Disaster Assistance Since the federal disaster declaration for Hurricane Harvey on Aug. 25, the amount of federal assistance to help Texas recover has exceeded $757 million. That total includes: o More than $288 million in disaster grants from FEMA for homeowners and renters.

3 o Nearly $144 million in long-term, low-interest disaster loans from the U.S. Small Business Administration for businesses of all sizes (including landlords), private nonprofits (such as churches and charities), homeowners and renters. o More than $174 million in flood insurance payments from the National Flood Insurance Program. o $151 million in expedited FEMA Public Assistance funding obligated to Texas. Individuals and families in Austin, Aransas, Bastrop, Bee, Brazoria, Calhoun, Chambers, Colorado, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Hardin, Harris, Jackson, Jasper, Jefferson, Karnes, Kleberg, Lavaca, Lee, Liberty, Matagorda, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Jacinto, San Patricio, Tyler, Victoria, Walker, Waller and Wharton Counties are eligible to apply for federal disaster assistance through IHP. Register The quickest way to apply is online at DisasterAssistance.gov. Survivors may also apply by phone at (800) (voice, 711 or VRS) or (800) (TTY). Lines may be busy due to high demand. Be patient and try calling in the morning or evening when call volume may be lower. Understanding Eligibility Texans who applied for disaster assistance after Hurricane Harvey should read their letters from FEMA carefully. Sometimes you may need to provide additional information to be eligible for assistance. Common examples of missing information include proof of ownership of the damaged home or an insurance settlement letter. Please submit missing documentation to FEMA online, by mail or by visiting a Disaster Recovery Center. Some of the reasons applicants do not qualify for federal disaster assistance include: Damaged property was not the primary residence at the time of the disaster. Adequate insurance coverage. Duplicate applications from the same household, where one applicant received assistance. FEMA disaster assistance never duplicates insurance benefits, but if insurance is not enough to cover all the eligible damage, the initial determination may change. Disaster Supplemental Nutrition Assistance Program (D-SNAP) Texas survivors could be eligible for disaster food benefits from the U.S. Department of Agriculture s D-SNAP. Households that may not normally be eligible for SNAP may qualify for assistance as a result if they meet disaster income limits and have qualifying disaster-related expenses. Texas Health and Human Services Commission will announce D-SNAP dates and locations through local media. For detailed instructions go to Disaster Assistance for Noncitizen Nationals Hurricane Harvey survivors who are in the United States legally, but are not U.S. citizens, may be eligible for disaster assistance from FEMA. Applicants must be either U.S. citizens, noncitizen nationals, or qualified aliens to get federal monetary assistance: Page 2 of 6

4 Qualified aliens include those with lawful permanent residency (holders of green cards); those with petitions for relief based on domestic violence against spouses or children; and those subjected to severe forms of human trafficking. Only one member of a household needs to be eligible to qualify the entire household for assistance. Parents and guardians, regardless of their status, may apply for assistance on behalf of a minor child who is a U.S. citizen. Additionally, low-interest disaster loans may be available from the U.S. Small Business Administration for businesses of all sizes, nonprofits, homeowners and renters. Individuals from a household where no one is eligible for FEMA assistance may still be eligible for help from state or voluntary agencies. They may also be eligible for short-term, non-cash aid from FEMA, such as disaster legal services. U.S. Small Business Administration (SBA) SBA offers low-interest, long-term disaster loans to businesses of all sizes (including landlords), private nonprofit organizations (such as churches and charities), homeowners and renters to repair or replace uninsured/uncompensated disaster-damaged property. SBA disaster loans offer an affordable way for individuals and businesses to recover from declared disasters. Apply online at disasterloan.sba.gov/ela or in person at a Disaster Recovery Center. A loan officer will determine your eligibility during processing after reviewing any insurance or other recoveries. The SBA and the Texas Gulf Coast Small Business Development Center Network has opened a Business Recovery Center to provide a wide range of services to businesses affected by Hurricane Harvey. Hours are 8 a.m. to 6 p.m. weekdays and 9 a.m. to 4 p.m. weekends. The property damage application deadline is Oct. 24, The deadline to apply for economic injury is May 25, County BRC Location Aransas Women s Club of Aransas County, 1104 Concho St. Rockport TX Harris University of Houston Small Business Development Center Region Office, 2302 Fannin St., Suite 200 Houston TX Nueces Port Aransas Community Center (next to the museum), 408 N. Alister St., Port Aransas TX Disaster Survivor Assistance (DSA) Teams are in the field providing registration services, case updates/inquiries and referral to community partners, faith-based and volunteer organizations. Disaster Recovery Centers (DRC) DRCs are one-stop shops for storm survivors seeking one-on-one help. Representatives from FEMA, SBA and various state agencies will be available to answer questions. To find the nearest DRC use: asd.fema.gov/inter/locator/home.htm. Unless otherwise noted, all DRCs are open 7 a.m. to 7 p.m. daily. Page 3 of 6

5 County DRC # Location Jackson MDRC#1 Edna High School Stadium, 1303 W. Gayle St. Edna TX a.m. to 6 p.m. daily Branch: VI Division: P Wharton MDRC#2 Wharton Civic Center, 1924 Fulton St. Wharton TX a.m. to 4 p.m. daily Branch II Division: K Harris DRC#1 George R. Brown Convention Center, 1001 Avenida de Las Americas (entrance on Rusk Rd.), Houston TX Branch: Harris Colorado DRC#2 Colorado County Services Facility, 305 Radio Ln., Columbus TX Branch: II Division: A Fayette DRC#3 Randolph Recreation Center, 653 East Pearl St., La Grange TX Branch: VI Division: R Calhoun DRC#4 Calhoun County Library, 200 W. Mahan St., Port Lavaca TX Branch: VI Division: P San Patricio DRC#5 Bay Vista Shopping Center, 2334 Hwy. 361, Ingleside TX Branch: III Division: N Victoria DRC#6 Pattie Dodson Public Health Center, 2805 N. Navarro, Victoria TX Branch: VI Division: P Goliad DRC#7 Goliad Memorial Auditorium, 925 S. State Hwy. 183, Goliad TX Branch: VI Division: P Fort Bend DRC#8 Fort Bend County Sienna Annex, 5855 Sienna Springs Way, Missouri City TX Branch: II Division: K Montgomery DRC#9 Friendship Center/Community Center, Friendship Dr., Magnolia TX Branch II Division: E Fort Bend DRC #10 Simonton Community Church, 9703 FM 1489 (Simonton Rd.), Simonton TX Monday-Saturday 7 a.m. to 7 p.m., Closed Sundays Branch: II Division: E Dallas DRC#11 Kay Bailey Hutchinson Convention Center, 650 Griffin St., Dallas TX Fort Bend DRC#12 Katy Mills Mall, 5000 Katy Mills Cir., Katy TX Branch: Harris Division: C Harris DRC#13 Baytown Community Center, 2407 Market St., Baytown TX Branch: Harris Division: B Harris DRC#14 Greenspoint Mall, North Fwy., Houston TX Branch: Harris Division: 2B Jefferson DRC#15 The Former Goodwill Building, 3871 Stagg Dr. Unit 166, Beaumont TX Branch: Jefferson Division: F National Flood Insurance Program (NFIP) The National Flood Insurance Program call center is available 5 a.m. to midnight at (800) (Press 2). For more information on how to file a claim, visit Page 4 of 6

6 Transitional Sheltering Assistance For some displaced survivors unable to return to their flood-damaged homes, FEMA may pay the cost to stay in certain hotels or motels for a limited period of time. FEMA only pays for the room and taxes. Individuals and households must first register with FEMA at DisasterAssistance.gov to be considered eligible. See the same link for a list of participating Texas hotels, sorted by city. Eligible survivors may also call the FEMA Helpline (800) (voice, 711/VRS-Video Relay Service) or (800) (TTY) for assistance in finding a participating hotel nearby. Since room availability changes quickly, survivors should call the hotel prior to traveling to confirm it can accommodate them. Note: Hotels may need to honor prior reservations and may not be able to accommodate displaced survivors for an extended stay. FEMA makes direct payments to the hotels so survivors do not have to use their own funds. Guests are responsible for all other costs associated with lodging and amenities. Those ineligible for TSA may be referred to local agencies or voluntary organizations for sheltering options. Locate a Shelter If you and your family need a place to stay, download the FEMA mobile app and look under Disaster Resources for a list of nearby shelters. Or call 800-REDCROSS ( ). The American Red Cross (ARC) provides food, comfort and shelter to those who need it without regard to race, religion or citizenship status. Inspections Due to the magnitude of the event, it may take up to 21 days for an inspector to contact applicants to schedule an inspection. Don t wait to begin cleaning up. Document damages with photos, video, and receipts. Cleaning up and making temporary repairs to your storm-damaged property will not disqualify you from federal disaster assistance. Separate your debris following local direction. Disabilities or Other Access and Functional Needs If FEMA is participating in a local event, anyone has the right to request reasonable accommodations to support their communication needs. FEMA can provide services such as sign language interpretation and captioning if a request is made through the meeting or event host. FEMA offers services and technologies to support survivors with disabilities and access and functional needs through the disaster assistance process. FEMA can provide sign language interpreters and materials in alternate formats (such as Braille, large print and electronic formats) upon request. FEMA has amplified telephones, phones that display text and amplified listening devices for people with hearing loss. Magnifiers are available for people with vision loss. Video Remote Interpreting is available at Disaster Recovery Centers (DRCs) and in-person sign language is available by request. DRCs also have accessible parking, ramps and restrooms. Disaster Unemployment Assistance (DUA) If you are out of work or lost income due to Hurricane Harvey, and do not qualify for unemployment benefits, you may be eligible for Disaster Unemployment Assistance (DUA). Visit the Texas Workforce Commission online to apply at twc.state.tx.us/jobseekers/disaster-unemployment-assistance. Page 5 of 6

7 Rumors and Scams Survivors can visit the Hurricane Harvey rumor control page for accurate up to date information about common rumors and scams. Disaster Legal Services If you need legal assistance, call the Young Lawyers Division of the American Bar Association at (800) Survivors can receive free counseling on insurance claims, landlord-tenant issues, home-repair contracts, the replacement of legal documents destroyed by the storm and other legal matters. U.S. Postal Service: Your mail is safe and sound Most post offices that closed in the wake of Hurricane Harvey have reopened. Call (800) ASK-USPS ( ) for more information. Public Assistance (PA) The Public Assistance (PA) program reimburses state and local governments, federally recognized tribes and certain private nonprofit organizations in designated counties for eligible expenses incurred before, during and after Hurricane Harvey on a cost-share basis. This money helps pay for efforts to protect people and property, restore power, repair roads and clean up neighborhoods. For more information about PA grants and Direct Federal Assistance, visit: The presidential disaster declaration stemming from Hurricane Harvey makes FEMA PA grants for Categories A & B and Direct Federal Assistance available to eligible applicants in 27 counties: Austin, Bastrop, Bee, Colorado, DeWitt, Fayette, Goliad, Gonzales, Hardin, Jasper, Jefferson, Karnes, Kleberg, Lavaca, Lee, Montgomery, Newton, Nueces, Orange, Polk, Refugio, Sabine, San Jacinto, San Patricio, Tyler, Waller and Walker. Applicants from the following 30 counties may apply for reimbursement for expenses in Categories C- G: Aransas, Bee, Brazoria, Calhoun, Chambers, Colorado, Fayette, Fort Bend, Galveston, Goliad, Hardin, Harris, Jackson, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Newton, Nueces, Orange, Polk, Refugio, San Jacinto, San Patricio, Tyler, Victoria, Walker, Waller and Wharton. Applicants from the following four counties may apply for Category B and Direct Federal Assistance: Bexar, Dallas, Tarrant and Travis. The federal cost share increased to 90 percent reimbursement of eligible costs for debris removal (Cat A), including Direct Federal Assistance; and 100 percent reimbursement for emergency protective measures (Cat B), including Direct Federal Assistance, for 30 days from the start of the incident period (Aug. 23), and then a 90 percent federal cost share afterward. ### Page 6 of 6

8 Overview Program Information The Emergency Lodging Assistance (ELA) Program provides lodging reimbursement for pre-qualified individuals from designated disaster areas. The Federal Emergency Management Agency (FEMA) created the ELA program to provide temporary shelter as a result of a Federal disaster declaration. As administrator for this FEMA-funded preparedness initiative, CLC Lodging (CLC) provides rules-based payments for all qualified applicants at participating hotels. Program Activation FEMA determines all ELA program activations. Upon notice from FEMA, CLC communicates ELA Program activation information to hotels through a variety of delivery methods (fax, mail, internet alerts.) CLC encourages prospective hotels to visit the ELA Program website (ela.corplodging.com) to create an account and encourages lodging partners to stay informed on activation alerts, comprehensive program news and updates. Guest Processing Individuals seeking assistance must contact FEMA to qualify for the ELA Program. Only qualified individuals are eligible for lodging assistance under the terms of the ELA Program. Hotels process all FEMA-qualified individuals seeking shelter through their individual online accounts via the ELA Program website (ela.corplodging.com). Important Notes: All qualified guests must sign an Emergency Lodging Assistance Terms and Conditions form to be kept on file at the property for a period of 2 years All qualified guests must provide a valid government-issued photo ID at check-in to be copied and kept on file at the property for a period of 2 years Instruct guests to contact FEMA for assistance with all ELA-related issues Each qualified guest is assigned an authorized start and end date. Qualified guests are only eligible for lodging assistance during their assigned authorization period Lodging costs incurred outside of the assigned period or exceeding the per-diem based maximum nightly room rate, are the sole responsibility of the guest At the discretion of FEMA, lodging assistance can be either extended or discontinued early on a case-by-case basis Hotels may contact the ELA Program Support Center at or via at femahousing@clclodging.com for assistance Rev. 04/13/12

9 Austin Joint Field Office September 13, 2017 DR-4332-TX FS 017 HURRICANE HARVEY Fact Sheet Register with FEMA Even if You Have Insurance People who were affected by Hurricane Harvey and the subsequent floods and who live in the disaster-designated Texas counties should register for FEMA assistance even if they are covered by insurance or have registered with other agencies. Under federal law, FEMA cannot duplicate insurance settlements or other benefits, but there are cases where insured survivors might still be eligible for FEMA help. For example: Your settlement was delayed longer than 30 days after you filed a claim. The settlement does not fully cover all your losses and needs. You exhausted the additional living expenses provided in your policy. You cannot locate suitable rental resources in your community. You should file your insurance claims, whether homeowner s or flood or both, as soon as possible. And you have until Oct. 24 to register with FEMA for assistance. Here s how: Log onto DisasterAssistance.gov. Registering online is the quickest way to register for FEMA assistance. Those without internet access can register by phone. Call (voice, 711 or video relay service) or (TTY). The toll-free lines remain open 6 a.m. to 10 p.m. local time seven days a week until further notice. Via the FEMA app, available for Apple and Android mobile devices. To download, visit fema.gov/mobile-app. Once you have registered, you have 12 months to let FEMA know if your insurance coverage was not enough and you want to be considered for help. To apply for assistance, fax or mail a letter to FEMA explaining the circumstances:

10 FEMA Individuals and Households Program National Processing Center P.O. Box Hyattsville, MD Fax: If you have registered with other organizations, you still need to register with FEMA if you want to be considered for FEMA assistance. Homeowners, renters and businesses in Aransas, Bee, Brazoria, Calhoun, Chambers, Colorado, Fayette, Fort Bend, Galveston, Goliad, Hardin, Harris, Jackson, Jasper, Jefferson, Kleberg, Liberty, Matagorda, Montgomery, Newton, Nueces, Orange, Polk, Sabine, San Jacinto, Refugio, San Patricio, Tyler, Victoria, Waller, Walker and Wharton counties may be eligible for help. ##

11 Federal Emergency Management Agency Debris Removal from Commercial Property Removal of debris from commercial properties, such as industrial parks, golf courses, cemeteries, apartments, condominiums, and trailer parks, is generally ineligible because commercial enterprises are expected to retain insurance that covers debris removal. In very limited, extraordinary circumstances, FEMA may provide an exception. Duplication of Benefits The Applicant should work with private property owners to pursue and recover insurance proceeds and credit FEMA the Federal share of any insurance proceeds received. In some circumstances, FEMA may provide assistance to individuals through the Individual Assistance (IA) Program for debris removal; consequently, FEMA PA staff will coordinate closely with IA staff to ensure FEMA does not fund the same work under both programs. Public Interest Determination PPDR WRITTEN REQUEST: ELEMENTS o Provide the basis for the determination that removing the debris from the private property requested is in the public interest. The determination must be made by the state, territorial, tribal, county, or municipal government s public health authority or other public entity that has legal authority to make a determination that disaster-generated debris on private property in the designated area constitutes an immediate threat to life, public health, or safety, or to the economic recovery of the community atlarge. o Submit the established, specific legal requirements for declaring the existence of a threat to public health and safety. Legal Authority and Responsibility o o o Provide documentation to confirm the Applicant s legal authority and responsibility to enter private property and remove disaster-related debris. This includes: Citation of the law, ordinance, code, contractual arrangement, or emergency powers under which it is exercising its legal authority to remove debris from private property. The authority cited must be applicable to the condition representing the immediate threat and not merely the Applicant s uniform level of services. Typically, solid waste disposal ordinances are part of the Applicant s uniform level of services and not a justification for entering private property to remove disaster-related debris. Confirmation that a legally authorized official of the Applicant has ordered the exercise of public emergency powers or other appropriate authority to enter onto private property in the designated area to remove debris to address immediate threats to life, public health, and safety. Indemnification o The Applicant must indemnify the Federal Government and its employees, agents, and contractors from any claims arising from the removal of debris from private property. September 11, DR-4332-TX

12 Federal Emergency Management Agency General Environment and Historic Preservation Concerns Conditions for Implementation of PPDR PPDR will have no effect or limited effect on natural resources or historic properties if implemented as specified in this guidance. FEMA Environmental and Historic Preservation will not need to review the PPDR location prior to the start of debris removal if these general guidelines are adhered to. The Applicant may remove and collect debris, including the transport and disposal of such waste to existing licensed solid waste facilities or landfills. This includes any temporary, and Texas Commission of Environmental Quality (TCEQ) pre-approved location to establish and/or the expansion of existing non-hazardous debris staging, reduction, and disposal areas at licensed transfer stations, or new or existing hard-topped or graveled surface (e.g. parking lots, roads, athletic courts). This does not include or allow the creation of new and/or temporary access roads to support removal operations. The Applicant may remove debris from private property provided that physical structures, including those damaged structures, are not affected; ground disturbance is minimal and in-ground elements, such as driveways, walkways, swimming pools, and tree root balls, are left in place. Heavy equipment should be limited to existing rights-of-way or hardened surfaces wherever possible. PPDR is prohibited in areas designated as federally protected critical habitat for any threatened or endangered species. Consultation with FEMA prior to initiation of any debris activities that may cause harm or take of any listed threatened or endangered species requires consultation and approval from FEMA, prior to initiating activities, if any of these situations exist. PPDR and/or any debris removal action is prohibited from any waterways, lakes, streams, ponds or other natural or manmade water feature without prior consultation and approval from FEMA. PPDR should not occur in marine or beach-front environs or on sand dunes or other areas seaward of the vegetation line. PPDR should not occur in coastal areas within designated Coastal Barrier Resource Units without prior consultation and approval from FEMA. The following debris removal best practices should be utilized when possible: Minimize ground disturbance (i.e. tire rutting, scraping, mechanized debris removal). Use of vehicles with rubber wheels or tracks to minimize ground disturbance. Limit work with the potential to cause subsurface impacts in extremely saturated soil conditions or areas inundated with standing water. Loading, vehicles and equipment should be staged and conducted on paved or otherwise previously disturbed or hard-top surfaces when safety isn t a concern. 3 September 11, 2017 DR-4332-TX