FCO’s Guide for Initiating ESF 14 Support
Summary of Key ESF #14 Authorities
FEMA has broad authority for disaster recovery and long term recovery including technical support for rebuilding of communities and coordination of federal efforts. Long Term Community Recovery is a portion of this recovery authority and provides law and regulatory backing for ESF 14 as described in the NRF.
HOMELAND SECURITY ACT OF 2002, as amended, 6 U.S.C. 311-321j
Post Katina Emergency Management Reform Act modification of the Homeland Security Act.
Sec. 504. (a) In General — The Administrator shall provide Federal leadership necessary to prepare for, protect against, respond to, recover from, or mitigate against a natural disaster, act of terrorism, or other man-made disaster, including—
(4) aiding the recovery from terrorist attacks and major disasters;
(9) carrying out the mission of the Agency to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a risk-based, comprehensive emergency management system of—
(D) recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards;
(10) increasing efficiencies, by coordinating efforts relating to preparedness, protection, response, recovery, and mitigation;
Stafford Act
Section 402 of the Stafford Act was modified by PKEMRA to specifically authorize FEMA to “provide technical and advisory assistance to affected State and local governments for recovery activities, including disaster impact assessments and planning”. This supports FEMA’s larger role in long term recovery and the operations of ESF #14 Long-term Community Recovery.
FEMA, under the Presidents authority, may also direct recovery efforts of other federal agencies, including impact analyses, recovery planning, and direct advisory and technical assistance to the states and impacted communities. This supports Mission Assignment authority.
Sec. 402. In any major disaster, the President may -
(1) direct any Federal agency, with or without reimbursement, to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) in support of State and local assistance response and recovery efforts, including precautionary evacuations;
(2) coordinate all disaster relief assistance (including voluntary assistance) provided by Federal agencies, private organizations, and State and local governments, including precautionary evacuations and recovery;
(3) provide technical and advisory assistance to affected State and local governments for -
(A) the performance of essential community services;
(B) issuance of warnings of risks and hazards;
(C) public health and safety information, including dissemination of such information;
(D) provision of health and safety measures;
(E) management, control, and reduction of immediate threats to public health and safety; and
(F) recovery activities, including disaster impact assessments and planning;
National Response Framework (NRF)
ESF #14 Annex/Long-Term Community Recovery. FEMA is responsible for coordinating the interagency as it acts to promote the successful long-term recovery of communities, and provide technical support in the form of impact analyses, and recovery planning to affected areas. This includes coordinating the long term recovery resources of federal agencies, and providing direct advisory and technical assistance to the states and impacted communities for impact analyses and launching of recovery planning. See ESF #14 Annex.
FEMA Strategic Plan (2008)
“Objective 2.3: Effectively lay the foundation for a seamless transition to long-term disaster recovery
FEMA will work with public and private sector partners to coordinate long-term recovery efforts after major disasters or terrorist events through developing strategies that integrate and maximize available assistance. Existing public and private partnerships will be strengthened, and new partnerships will be developed to help ensure that the most efficient and cost-effective programs are utilized to meet the recovery needs of impacted communities. FEMA will also promote the use of the most appropriate and cost-effective building materials and practices (based on the hazards present in an area) to help encourage the future construction of disaster-resistant buildings.
a. Strategy: Continue to develop guidance and implement strategies for optimum coordination and technical assistance to support long-term community recovery and to reduce risks from future events.
b. Strategy: Develop new and strengthen existing public and private partnerships to address transitional assistance and long-term recovery needs.
c. Strategy: Ensure the integration of sound building design and up-to-date risk information into the recovery process to mitigate against future disasters.”
44 CFR (Code of Federal Regulations)
FEMA’s Regulations at 44 CFR contain many references to FEMA’s roles and responsibilities regarding disaster recovery:
• FEMA is responsible for all phases of emergency management, including recovery. This requires partnering with Federal, State, local, NGO and private sector to utilize all available resources. PKEMRA, TITLE VI—NATIONAL EMERGENCY MANAGEMENT (modified) Sec. 503. Federal Emergency Management Agency (6 U.S.C. 313 & 314.)
Federal Coordinating Officers (FCO) and Long-Term Recovery
• They primary role of the Federal Coordinating Officer is to “coordinate federal assistance.” Following a major disaster, this includes FEMA programs (IA, PA, Mitigation), other federal agencies disaster-related programs, federal assistance provided to states through Congressional disaster-related supplemental appropriations to Departments and Agencies (D/A), and the application of non-disaster related programs and technical assistance to affected communities. The responsibilities of the FCO include coordinating the activities of state and local government, federal agencies, and non-profits supporting reconstruction, rehabilitation, and restoration of community services. The FCO is also responsible for counseling the private sector, individuals and families on available assistance. As the lead for federal coordination, the FCO must also “Undertake appropriate action to make certain that all of the Federal agencies are carrying out their appropriate disaster assistance roles under their own legislative authorities and operational policies.” (Sec. 206.42 Responsibilities of Federal coordinating officers.)
Funding long-term recovery assistance of federal agencies and relief organizations
• FEMA may issue a work order to a federal agency directing the completion of a specific task, (44 CFR Part 206 Disaster Assistance, Sec. 206.) and reimburse the incurred costs. (Sec. 206.8 Reimbursement of other Federal agencies.) Similarly, FEMA may use and coordinate relief organizations to complete the “restoration, rehabilitation, or reconstruction of community services and essential facilities,” all of which are activities critical for long-term recovery. (Sec. 206.12 Use and coordination of relief organizations.)
Comprehensive recovery planning and coordination support to States and local government
• “It is the policy of FEMA to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage that result from major disasters and emergencies.” Through this policy directive, FEMA is to encourage comprehensive planning, capability building, and organization of states and local governments to alleviate the consequences of disasters. This includes land use and environmental planning, hazard mitigation, wetlands restoration, and the like. The outcome sought is coordinated and responsive relief programs. (44 CFR Part 206 Disaster Assistance, Sec. 206.)
• FEMA may act to strengthen building codes, land use regulations, construction practices; and must ensure resilient redevelopment that also supports economic recovery. (Sec. 206.400 General, Subpart M Minimum Standards)
• During recovery FEMA must act to assure that its actions support environmentally friendly rebuilding and restoration. FEMA is required to use a “systematic, interdisciplinary approach that will ensure the integrated use of the natural and social sciences, and environmental considerations, in planning and decision-making where there is a potential for significant environmental impact.” Furthermore, all acts that FEMA undertakes must be consistent with national environmental laws, and achieves a balance between resource use and development within the capacity of the ecosystems involved. (PART 10_ENVIRONMENTAL CONSIDERATIONS, Sec. 10.4 Policy.)
Directing Actions of other Federal Agencies
• The FEMA Associate Director, Regional Director, or FCO may direct any Federal agency to utilize its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, facilities, and managerial, technical, and advisory services) to support State and local assistance efforts. With increasing frequency, these assistance efforts have come to include strategic long-term recovery planning and organization of the multitude of actors involved in recovery. (9 Sec. 206.5 Assistance by other Federal agencies.)
Designation of communities eligible for assistance
• FEMA’s direct long-term community recovery supported is provided based upon: “findings [of] whether the damage involved and its effects are of such severity and magnitude as to be beyond the response capabilities of the State, the affected local governments, and other potential recipients of supplementary Federal assistance.” (Sec. 206.40 Designation of affected areas and eligible assistance.)
Quick Reference Guide
For ESF #14
Long Term Community Recovery
What is the purpose of ESF #14?
• Provides a framework under the National Response Framework to promote successful long-term recoveries for communities suffering significant damages, where local capacity to implement a recovery process is limited.
• Facilitates delivery of federal assistance to local governments in unique and challenging disasters for community recovery, reconstruction and redevelopment.
• Avoids duplication of programs and identifies gaps.
• Provides support for State and local government long term recovery decision making, through planning assistance and identification of key recovery priorities and funding.
What specific support does ESF #14 provide?
• Provides a forum for coordinating federal agency long-term community recovery activities with State, Regional, Local and Private Sector efforts. ESF #14 will work with the States and Agencies to develop an appropriate coordination mechanism which may take the form of a state-federal joint task force, a federal interagency coordination group, or ideally support to a State led effort.
• Provides technical assistance for assessments, impact analysis and recovery planning support. This may include regional studies, facilitating recovery workshops, or providing targeted technical specialists or teams to assist a community in developing a Long Term Community Recovery strategy, plan or action plan for high value recovery projects.
• Provides a mechanism for information sharing and linking recovery needs with potential resources. The focus is on harnessing the available resources of the federal government.
• Develops plans, procedures, and guidance delineating partner agency resources and participation of those agencies in various elements of long term community recovery.
Who is ESF #14?
• DHS/FEMA is the lead agency, and serves as the coordinator. HUD, SBA and USDA are primary agencies. There are 15+ other support agencies (including DOC, EPA, DOE, HHS, DOT, ED, DOL, Treasury, ARC, NVOAD, CNCS, and DOI).
• Primary and support agencies as well as other relevant federal departments and agencies are brought in to support ESF #14 activations as necessary.
When does ESF #14 provide support?
• Support is provided following disasters with potential significant long-term impacts, where enhanced federal coordination and specialized long-term recovery technical assistance is necessary. State and/or local capacity for recovery will be limited.
• ESF #14 provides support during the formative phases of long term recovery, usually the first 3 to 9 months. Support for further implementation of long term community recovery transitions to other long term recovery offices and other special coordinating bodies.
How does FEMA activate and operate ESF #14?
• FEMA, in coordination with ESF #14 partner agencies, evaluates the needs for coordination and technical assistance support based on a request from a State and/or FCO. Relative impacts and needs are examined and support is tailored to the State and each community.
• FEMA deploys ESF #14 to a disaster within the Operations Section in a Joint Field Office.
• The operation is staffed by a mix of FEMA permanent employees and reservists, contractor support and ESF #14 partner agency staff.
How does ESF #14 relate to other Federal programs?
• ESF #14 provides support to launch community recovery plans, organize and initiate federal coordination with State, local and private sector organizations.
• Other federal programs supporting recovery continue to operate as normal under independent authorities. In the presence of ESF #14 there is enhanced coordination of federal recovery activities to help those agencies identify gaps in programs and potential need for flexibility and new authorities.
• ESF #14 transitions to other agencies’ implementation support functions once community recovery plans are launched, resources have been identified and coordinated, and impact analysis are completed. The mechanism for ongoing support for long term recovery is unique to each disaster and is outside the current mission and scope of ESF #14.
What is ESF #14 not?
• Is not the “Local Long Term Recovery Committee”. That function provides support, through the Voluntary Organizations Active in Disasters (VOAD) directly to individuals and families. ESF #14 provides public sector coordination and planning assistance to the community at large for reconstruction, through the local and State government.
• Does not direct, command or approve any federal department or agency recovery funding or program. Agencies continue to operate under their own independent authority. ESF #14 serves as a forum for coordination, planning, information sharing, strategic analysis and technical support.
• Does not provide any grant funding. ESF #14 provides technical specialists and agency personnel for support activities to help communities locate and prepare for funding.
• Does not replace State or Local responsibility or authority for long term recovery decision making or planning. ESF #14 can provide support to communities where capability is lacking to provide them technical expertise to inform their decision making.
• While focused on long-term recovery, ESF #14 is not present on scene long term nor does ESF 14 support Federal, State or local entities with implementation of long term recovery. Activities transition to federal and state agencies.
For More: ESF #14 National Coordinator – Matt Campbell, DHS/FEMA
202-646-3306, matt.campbell@
WWW.rebuild/ltcr
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