
[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Notices]
[Pages 18871-18872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07453]


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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.

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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


