If a private entity, including a PNP organization, conducted eligible emergency work that is typically the legal responsibility of a State, Local, Tribal, or Territorial (SLTT) government prior to executing a formal agreement, the SLTT must retroactively document that agreement if it wishes to seek PA reimbursement for the eligible costs incurred by the private entity. A PNP conducted eligible emergency work that is typically the legal responsibility of a State government. The Applicant retroactively documented the agreement. Regardless of what work is contemplated under a signed retroactive agreement, FEMA will only reimburse the SLTT for eligible costs for eligible work, as determined by COVID-19 policies in effect at the time the work was completed. The appeal is remanded for a determination regarding eligible costs incurred by the PNP.

FEMA finds that the Applicant entered into a valid formal agreement with the PNP to carry out emergency protective measures on its behalf. Consistent with FEMA policy, Public Assistance funding is provided to the legally responsible government entity, which then pays the PNP for the costs of providing eligible services. The appeal is remanded to FEMA Region 5 for a determination regarding eligible costs incurred by the PNP.

Stafford Act §§ 403, 502. 2 C.F.R. § 200.403(c). 44 C.F.R. § 206.225(a). PAPPG, at 23, 60. FEMA Fact Sheet, Private Nonprofit Organizations, at 3, Legal Responsibility Memorandum, at 1-2, FEMA Fact Sheet, Coronavirus (COVID-19) Pandemic: Eligible Emergency Protective Measures, at 2, Work Eligible for Public Assistance (Interim), at 4.