C.F.R. » Title 44 » CHAPTER I—FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER D—DISASTER ASSISTANCE › PART 206—FEDERAL DISASTER ASSISTANCE › Subpart D—Federal Assistance to Individuals and Households

44 C.F.R. § 206.116

Recovery of funds

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(a) The applicant must agree to repay to FEMA (when funds are provided by FEMA) and/or the State (when funds are provided by the State) from insurance proceeds or recoveries from any other source an amount equivalent to the value of the assistance provided. In no event must the amount repaid to FEMA and/or the State exceed the amount that the applicant recovers from insurance or any other source.

(b) An applicant must return funds to FEMA and/or the State (when funds are provided by the State) when FEMA and/or the State determines that the assistance was provided erroneously, that the applicant spent the funds inappropriately, or that the applicant obtained the assistance through fraudulent means.

[67 FR 61452, Sept. 30, 2002; 67 FR 62896, Oct. 9, 2002]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2023 · leading case: Columbus Regional Hospital v. United States
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Columbus Regional Hospital v. United States (2021) cafc “FEMA also reserved that right through a regulation, 44 C.F.R. § 206.116 (b), which requires an applicant to return funds to FEMA if FEMA “determines the assistance was provided erroneously, that the applicant spent the funds inappropriately, or that the applicant obtained the…”
Jeffrey P. Samuels v. Federal Emergency Management Agency (2023) cacd · cites it 3× “44 C.F.R. § 206.116 (b), “Recovery of Funds,” establishes in relevant part that applicant must return funds to FEMA .”
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