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Public Assistance Program's Simplified Procedures Large Project Threshold rule (2022)

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The Public Assistance Program's Simplified Procedures Large Project Threshold is a significant rule issued by the Federal Emergency Management Agency (FEMA), effective August 3, 2022, that revises regulations governing the Public Assistance program.[1]

HIGHLIGHTS
  • Name: Public Assistance Program's Simplified Procedures Large Project Threshold
  • Agency: Federal Emergency Management Agency (FEMA)
  • Action: Final rule with request for comment
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    • October 3, 2022: The comment period ended.[1]
    • August 3, 2022: The Federal Emergency Management Agency (FEMA) published the final rule and it became effective.[1]

    Background

    On January 29, 2013, the Sandy Recovery Improvement Act (SRIA) went into effect, amending the section 422(b) of the Stafford Act and requiring FEMA to determine whether an increase in the large project threshold was appropriate within one year. FEMA submitted its recommendation of increasing the maximum threshold from $68,500 to $120,000 on January 29, 2014.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:[1]

    “ The Federal Emergency Management Agency (FEMA) is revising its regulations governing the Public Assistance program that provides grants to State, local, Tribal, and territorial governments, as well as eligible private nonprofit organizations, for debris removal, emergency protective measures, and the repair, replacement, or restoration of disaster-damaged facilities after a presidentially-declared major disaster to update the monetary threshold for when FEMA will process an application using 'simplified procedures.'[2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “ FEMA's Public Assistance (PA) program provides grants to State, local, Tribal, and territorial governments, as well as eligible private nonprofit (PNP) organizations, for debris removal, emergency protective measures, and the repair, replacement, or restoration of disaster-damaged facilities after a Presidentially-declared major disaster.[1] FEMA categorizes each grant award as either a small or large project,[2] which is determined by a monetary threshold set each year by FEMA pursuant to statute. See section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), codified at 42 U.S.C. 5189.[3] FEMA obligates money for a small project based on an estimate of the project costs, and FEMA obligates money for a large project based on actual project costs as the project progresses and cost documentation is provided to FEMA.[4][2] ”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Public Assistance Program's Simplified Procedures Large Project Threshold rule states that OMB deemed this rule significant, but not economically significant:

    “ This final rule has been designated a 'significant regulatory action' although not economically significant, by the Office of Management and Budget (OMB) under section 3(f) of Executive Order 12866.[2] ”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 “Federal Register,” “Public Assistance Program's Simplified Procedures Large Project Threshold,” August 3, 2022
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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