Helping Municipalities Unlock FEMA Funds After Natural Disasters

Navigating the aftermath of a natural disaster can be overwhelming for Iowa municipalities already dealing with damages and the stress of loss. Catastrophic events can lead to extreme costs for local governments. While these costs may be recoverable through assistance programs run by the Federal Emergency Management Agency (FEMA), understanding and maximizing eligibility requires intricate knowledge of the applicable and complex laws, regulations, and federal policies. Nyemaster Goode advocates for cities and counties to secure public assistance funding, ensuring they receive the support necessary for recovery. We provide counsel on all FEMA-related issues, from applicant eligibility to project closeout.

One recent case illustrates how Nyemaster helps municipalities in disputes with FEMA regarding applicant eligibility under FEMA’s public assistance program.

In July 2018 and March 2019, the dam and park at the Linn Grove Dam Recreation Area were catastrophically damaged by consecutive Presidentially-declared natural disasters. Buena Vista County, as owner, became eligible for FEMA public assistance funds to restore the dam and park to pre-disaster conditions. After several years of site visits and engineering reports, FEMA obligated over $7.5 million to the County to begin restoration.

In 2022, before the County received any funds, it requested additional funding for various reasons. FEMA denied the request and a subsequent appeal. It then de-obligated the entire project because it determined that the dam and park had pre-existing damages, and the County had not maintained the damaged areas. FEMA did not believe the County had proved its damages were specifically caused by the disasters. As a result, the County had $0 in funds to repair the area after five years of negotiation and once-obligated funds.

Buena Vista County then engaged Nyemaster to respond to FEMA’s decision and we filed federal arbitration against FEMA at the Contract Board of Civilian Appeals (“CBCA”). Our team reviewed the six years and thousands of pages of correspondence and reports between the County and FEMA. We hustled to obtain historical maintenance records, receipts, and dozens of reports detailing every action the County took related to the dam and park. Our goal was to prove causation between the disasters and the damages.

The CBCA agreed with the County’s position and determined the dam was eligible for least $3.1 million in funding. It deferred a decision on the park because FEMA indicated during the arbitration that it was open to re-considering park funding. The County can now pay for the ruinous damages caused by the back-to-back disasters.

This case, which was one of the first instances of an Iowa municipality using outside counsel to help with a FEMA arbitration, is indicative of the lengths Nyemaster will take to position Iowa municipalities to have a voice in negotiating with the federal bureaucracy. With our experience, cities and counties can focus on rebuilding and restoring their communities, confident in the knowledge that they have a trusted advocate on their behalf.

Contact one of our experienced administrative law attorneys when disaster strikes to help maximize your city’s FEMA funding.