Eligibility for Public Assistance funding:

Detailed Discussion

There are a handful of common pitfalls that the Consolidated Resource Center identifies when determining eligibility for Public Assistance funding:

  • Insufficient documentation
  • Deferred maintenance
  • FEMA does not obligate funds for damages caused by lack of maintenance. An Applicant should conduct and document routine maintenance to avoid this
  • Pre-existing damages
  • As described in 44 CFR 206.223, FEMA does not obligate funds for damages that occurred prior to the event
  • Damages must be the result of the emergency or major disaster event
  • Unreasonable costs
  • Costs provided by the Applicant need to be reasonable.
  • Reasonableness is defined by 2 CFR 200.404 as in its nature and amount, the cost does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the Applicant makes the decision to incur the cost
  • Improper procurement of contracts
  • Legal citation for deferred maintenance
  • Not obtaining proper permits


Category B: Emergency Protective Measures

FEMA Category B covers emergency actions taken before, during, and after a disaster to save lives, protect public health and safety, and prevent additional damage to improved property.

Eligibility Overview

Emergency Protective Measures are eligible when they:
  • Reduce immediate threats to life, health, or safety
  • Prevent significant additional damage to improved property in a cost-effective manner

FEMA may require certification from Federal, State, Tribal, Territorial, or Local officials confirming the existence of an immediate threat and the necessity of the work.

Life, Health & Safety Measures

Evacuation & Sheltering
Medical Care & Transport
Search & Rescue (People & Service Animals)
Fire Fighting
Security & Law Enforcement
Emergency Communications
Public Information & Warnings
Mass Mortuary Services

Protecting Improved Property

Emergency Berms & Temporary Levees
Temporary Roof Coverings
Structural Shoring & Bracing
Temporary Slope Stabilization
Water Extraction & Debris Removal (Immediate Threat)
Emergency Mold Remediation
Removal & Storage of Contents
Work performed solely to restore a facility is considered Permanent Work, not Emergency Work.

Emergency Measures on Private Property

  • Legal authority to enter private property
  • Documentation that a public threat existed
  • Rights-of-entry and indemnification agreements
If these criteria are not met, assistance may fall under FEMA Individual Assistance programs.

Private Nonprofit Organizations

Emergency services are typically a government responsibility. Private nonprofits are eligible only when acting at the request and certification of the responsible government entity.

Eligible Nonprofit Emergency Services
  • Fire and rescue
  • Animal control
  • Emergency ambulance services
  • 911 call services (incident-related)
Eligibility Exceptions
  • Medical or custodial care facilities (patient evacuation)
  • Volunteer fire departments with formal designation
  • Life-safety components of essential facilities

Common Emergency Protective Measure Cost Categories

Pre-Positioning Resources

Eligible when necessary and incident-specific.

Operating a Facility

Eligible only for emergency life-safety functions.

Emergency Transportation & Communication

Short-term solutions when vital services are disrupted.

Flood Fighting

Eligible to reduce immediate threats, even for Corps facilities.

Common Ineligible Costs:
  • Routine patient care
  • Administrative activities
  • Food services
  • Alternate utility sourcing
  • School make-up days

This website  is intended as a national source of information about  the delivery of  financial recovery services. It includes resources on eligibility, procurement, grant management delivery, and issues related to various Federal Programs currently supporting FEMA  Public Assistance program  financial recovery for governments and non-profits. This website is not affiliated or endorsed or sponsored  by  FEMA  or any other Federal grant program. The information provided in various webpage documents is derived largely from Federal  published materials. In general, under section 105 of the Copyright Act, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.  The goal is to help navigate the various Federal websites and summarize grant information and requirements. It does not constitute legal advice or grant management advise and is provided for general informational purposes only. Only the Federal Agency responsible for grants can make determinations on eligibility and grant amounts. You should consult with your professional services advisors and State and Federal Grant Coordinators for more detailed guidance on specific FEMA Public Assistance financial recovery issues.

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