I.	TITLE:	Plantings Associated with Eligible Facilities

II.	DATE:	

 III. PURPOSE:   

To define eligible and ineligible work related to trees, shrubs, and other plantings, including limited eligibility for replacement of grass and sod, associated with facilities eligible for repair and restoration. 

IV.	SCOPE AND AUDIENCE:

This policy is applicable to all major disasters declared on or after its publication date.  It is intended for Federal Emergency Management Agency (FEMA) personnel involved in making eligibility determinations under the Public Assistance Program.

V.	AUTHORITY:

Section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5121  -  5206, as amended, and Title 44 Code of Federal Regulations (CFR) §206, Subpart H.

VI.	BACKGROUND:

The treatment of trees and shrubs under the Public Assistance Program was discussed by the FEMA Inspector General in Inspection Report I-01.  Unintended Consequences:  The High Cost of Disaster Assistance for Park and Recreational Facilities (May 1996).  The Inspector General recommended that tree and shrub replacement be excluded for "recreational facilities other than parks," and earlier in the report he noted that there is "no documented rationale" for extending eligibility to trees and shrubs in any areas other than parks.  In fact, it is not unusual for applicants to replace trees, shrubs, and other plantings in non-recreational areas after disasters, such as median strips in roadways and as landscaping for public buildings.  The law and implementing regulations do not distinguish between a park and any other public building, structure or system; therefore, any revision to FEMA policy with respect to trees, shrubs, and other plantings must not only consider trees, shrubs, and other plantings in parks and other recreational facilities, but also landscaping connected with administrative buildings, utility sites, and other sites where trees, shrubs, and other plantings are an integral and maintained portion of the entire facility.

FEMA does not contest the importance of trees, shrubs, and other plantings, especially as a mitigation measure, but rather the validity for replacement under the Public Assistance Program.  While FEMA acknowledges the economic and environmental benefits of replacing trees, shrubs, and other plantings, it has been determined that not providing assistance to replace trees, shrubs, and other plantings damaged or destroyed by a disaster, will not impact essential services.  FEMA recognizes that grass and sod are integral to the function of certain recreational facilities.  Therefore, the replacement of grass and sod in those instances is an eligible repair cost.

Under some limited circumstances planting of trees and shrubs are required to mitigate impacts to the environment. Examples include projects that fill wetlands and where the regulatory agency requires planting of wetland vegetation as a method of compensation, projects that affect endangered species or migratory bird habitat where vegetation planting is a condition to reduce impacts on protected species, or projects that require vegetation planting for slope or dune stabilization. The requirement for plantings would be identified as part of the project conditions. 

VII.	POLICY:

Generally, plantings such as trees, shrubs, and other vegetation are not eligible for replacement under Section 406 of the Stafford Act (Repair, Restoration, and Replacement of Damaged Facilities).  There are limited instances where plantings are eligible:
   * Grass and sod replacement if it is an integral part of the repair of the eligible recreational facility (e. g. publicly owned football, soccer, and baseball fields, golf courses, etc.).  
   * Plantings when they are part of an emergency protective measure or the repair of an eligible facility for the purposes of stabilizing slopes (including dunes on eligible improved beaches), erosion control, or minimizing sediment runoff. 
   * Plantings required for the mitigation of environmental impacts such as impacts to wetlands or endangered species habitat.  Eligibility of these plantings is limited to plantings that are required under a Federal, State, Tribe, or local government code or regulation.
 
Examples of ineligible plantings:
   * Replacement for cosmetic purposes.
   * Replacement of dead or dying trees, shrubs, and other vegetation.
   * Plantings for mitigation of environmental impacts that are not a Federal, State, Tribe, or local government permit requirement.

This policy applies to any measure taken with respect to trees, shrubs, and other plantings, including but not limited to replacement, non-emergency removal for purposes of replacement, and remedial actions taken to abate disaster damage.  It does not affect eligible debris removal and emergency measures that may be taken under Sections 403 and 407 of the Stafford Act, as amended.

VIII.	ORIGINATING OFFICE:  Recovery Directorate (Public Assistance Division)

IX.	SUPERSESSION:  This policy supersedes Disaster Assistance Policy 9524.5 dated 
July 18, 2007, and all previous guidance on this subject.

X.	REVIEW DATE:   This policy does not automatically expire, but will be reviewed 3 years from the date of publication. 



					___________________________
                               Deborah Ingram
                               Assistant Administrator
                               Recovery Directorate
