Key Points

Under the National Historic Preservation Act of 1966 (NHPA), historic properties are buildings;structures, sites, objects, and traditional cultural properties that are at least 50-years old (with exceptions). ‍

Do not start ANY work (except in emergencies that are an immediate threat to health and safety) until the historic review is complete.

Detailed Discussion

Section 106 Consultation

If a project funded by Federal Emergency Management Agency (FEMA) has the potential to affect an historic property, FEMA is required to initiate a Section 106

Consultation. Section 106 of the NHPA requires federal agencies to enter a 4-step consultation process if historic properties may be affected by a federal undertaking. The four steps are as follows:

1. FEMA Initiates the Section 106 Consultation process

2. Historic properties are identified and evaluated

FEMA evaluates the significance of the historic properties and consults with SHPO (State Historic Preservation Officer and or THPO (Tribal Historic Preservation Officer), if there are Native American interests.

3. Adverse Effects are Assessed

FEMA, in consultation with SHPO and/or THPO, will make an assessment of adverse effects. If they agree there will be no adverse effect, FEMA may proceed with the project.

4. Adverse Effects are Resolved

If the project will have adverse effects, FEMA will notify and consult with affected parties (including the public) to determine ways to avoid, minimize, or mitigate adverse effects.

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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.

Please review the Terms of Use and Disclaimers and your continued use confirms your acceptance

Environmental and Historical Compliance

What Are Historic Properties