Article 12: Work Eligibility

(Category: costs-eligilbilty)

Article Summary

To receive grant funding, an applicant’s restorative work must meet minimum eligibility standards and fall within an authorized category. At a minimum, work must meet each of the following three general criteria to be eligible: it must be required as a direct result of the declared incident, be located within the designated area (with the exception of sheltering and evacuation activities), and be the legal responsibility of an eligible Applicant. FEMA does not fund repairs for damage caused by deterioration, deferred maintenance, negligence, or the Applicant's failure to take measures to protect a facility from further post-disaster degradation.

FEMA separates eligible activities into Emergency Work—Category A (Debris Removal) and Category B (Emergency Protective Measures)—and Permanent Work, which covers the restoration of Category C (Roads/Bridges), Category D (Water Control Facilities), Category E (Buildings/Equipment), Category F (Utilities), and Category G (Parks/Recreational). To determine legal responsibility for facility restoration, FEMA reviews deeds, title documents, and local government tax records to verify ownership at the time of the incident. For leased facilities, under-construction sites, or federally constructed areas turned over to local control, FEMA closely analyzes written lease agreements, force majeure clauses, and formal transfer provisions to establish who bears the financial liability for disaster repairs.

Five Key Takeaways for CTA FEMA Compliance

1. Verify the Three Minimum Criteria Baseline: Ensure every proposed project worksheet explicitly proves that the work is a direct result of the disaster, is located inside the declared geographical boundaries, and falls under your strict legal jurisdiction.
2. Differentiate Emergency from Permanent Work: Keep distinct operational tracks and financial tracking for Emergency Work (Categories A and B) versus Permanent Work structural restorations (Categories C through G).
3. Provide Ironclad Proof of Ownership or Lease Liability: Maintain easily accessible deeds, land titles, or formal lease agreements; if a facility is leased or under construction, ensure the contract explicitly dictates that your organization is liable for disaster-related structural repairs based on force majeure or transfer clauses.
4. Separate Pre-Existing Conditions from Disaster Damage: Rely on pre-disaster maintenance logs and physical inspection records to prove that the claimed damage was caused exclusively by the incident and not by deferred maintenance, deterioration, or pre-existing conditions.
5. Mitigate Secondary Damage and Document Effort: Immediately install temporary protections to prevent secondary weather damage, as FEMA will disallow claims for degradation caused by an applicant's negligence or delay in executing emergency stabilization.

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