Detailed Discussion

National Historic Preservation Act (NHPA) Section 106 requires that Federal agencies take into account the effects a project will have on historic resources and allow the Advisory Council on Historic Preservation the opportunity to comment on the effects of the project. Historic resources include districts, structures, objects, landscapes, archaeological sites, and traditional cultural properties included on, or eligible for inclusion on, the National Register of Historic Places. Restoration of historic landscapes and other facilities are limited by FEMA eligibility policies.
FEMA activities requiring NHPA compliance include repair or restoration of historic structures, demolition or removal of historic structures, and improved, alternate, or relocated projects affecting undisturbed areas that may contain archeological sites or have cultural, historic, or pre-historic significance. (See Alternate Projects, Improved Projects, and Relocation, Permanent.) FEMA is required to make a good faith effort to identify historic properties within a given project area’s potential effect.
The NHPA requires FEMA to:
Identify historic properties that may be affected by Federally funded activities
Evaluate the effects of the proposed work on historic properties
Consult with the State Historic Preservation Officer (SHPO)/Tribal Historic Preservation Officer (THPO), the Advisory Council on Historic Preservation and other interested parties
Proceed with the work only after completing the historic review process
The NHPA encourages FEMA to establish “programmatic agreements” with the State emergency management agencies, SHPOs/THPOs, and the Advisory Council. A “programmatic agreement” outlines roles and responsibilities, streamlines the process for compliance with Section 106 of the NHPA for certain types of projects, and identifies types of projects that are excluded from NHPA review.
References: 36 CFR 800
Section 106 of the National Historic Preservation Act
Model Programmatic Agreement – Historic Review, FEMA Policy 9560.3, dated May 29, 2002
Public Assistance Guide, FEMA 322, pages 130-131

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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Environmental and Historical Compliance

National Historic Preservation Act (NHPA)