FEMA processes Public Assistance grant funding through a structured eligibility framework. For work to be eligible, it must meet criteria at four key levels, starting with the applicant. Explore the steps below to understand the core requirements.
Facility Eligibility Check
In most cases, a facility must be deemed eligible for work to be eligible. The criteria depend on whether the facility is public or owned by a Private Non-Profit (PNP). Select your entity type to see the specific requirements.
Public Facility Requirements
An eligible public facility is one that a state, local, Tribal Nation, or territorial (SLTT) government owns or has legal responsibility for maintaining. This includes any building, system, equipment, or vehicle.
Examples of Public Facilities Include:
Buildings (offices, schools, hospitals)
Equipment and vehicles
Flood control and navigation systems
Irrigation and reclamation infrastructure
Public power and utilities
Sewage treatment and collection systems
Water supply and distribution
PNP Facility Requirements
For Private Non-Profit applicants, a facility must meet specific criteria to be eligible. It must have an IRS tax exemption, be owned or operated by the PNP, and provide a service that is either critical or non-critical essential governmental in nature.
Key PNP Facility Criteria:
Must have tax-exempt status under Section 501(c), (d), or (e) of the IRS Code.
Facility must be open to the general public.
The facility provides an essential service of a governmental nature (e.g., education, utilities, emergency, medical, custodial care).
For facilities not providing critical services (like water, power, emergency services), they must be in active use and have the necessary state and local licenses.
General Work Eligibility Checklist
Once an applicant and facility are deemed eligible, the specific work performed must meet four fundamental criteria. Use this checklist to understand each requirement. Click on any item to expand for more details.
Guiding Principles
Beyond the specific rules, FEMA's Public Assistance program is guided by core values aimed at building a more equitable and resilient nation. These principles are integrated throughout the program.
Equity & Impartiality
FEMA is committed to providing assistance impartially, without discrimination based on race, color, religion, nationality, sex, age, disability, or economic status. Compassion, fairness, integrity, and respect are woven into the fabric of the Public Assistance program to ensure all communities are served.
Building Resilience
As disasters increase in severity, it is imperative to build a more resilient nation. The PA Program invests in protecting communities and the economy from the worst impacts of natural disasters before they occur, encouraging the adoption of stronger building codes and funding cost-effective mitigation measures.
{
"page_slug": "pa-eligibility",
"page_title": "FEMA Public Assistance — Facility & Work Eligibility Guide",
"hero": {
"id": "pa-hero",
"headline": "FEMA Public Assistance — Facility & Work Eligibility Guide",
"kicker": "Essential reference for SLTT applicants on eligibility rules, documentation, and compliance under the Stafford Act and Uniform Guidance.",
"intro": "This guide summarizes facility and work eligibility for FEMA Public Assistance. It explains how to determine whether an asset qualifies, how work is categorized, the three mandatory eligibility tests, special scenarios (Tribal, leased, under-construction, federal, private property), and the documentation you must maintain for small and large projects." },
"toc": [
{ "label": "Facility Eligibility", "href": "/pa-eligibility#facility-eligibility" },
{ "label": "Natural Features & Ineligible Properties", "href": "/pa-eligibility#natural-features" },
{ "label": "Operational Status and Scheduled Repairs", "href": "/pa-eligibility#operational-status" },
{ "label": "Work Eligibility: Categories & Criteria", "href": "/pa-eligibility#work-eligibility" },
{ "label": "In-Depth Criteria: Causation, Area, Legal Responsibility", "href": "/pa-eligibility#eligibility-criteria" },
{ "label": "Special Considerations and Complex Scenarios", "href": "/pa-eligibility#special-scenarios" },
{ "label": "Policy, EHP & Resilience Priorities", "href": "/pa-eligibility#policy-compliance" },
{ "label": "Documentation Requirements at a Glance", "href": "/pa-eligibility#documentation" },
{ "label": "Resources & Templates", "href": "/pa-eligibility#resources" }
],
"sections": [
{
"id": "facility-eligibility",
"title": "Defining an Eligible Public Facility",
"lead": "Eligibility typically begins with the asset. FEMA defines a “facility” as the physical asset damaged by the event; a facility must be owned by or the legal responsibility of an SLTT applicant to qualify.",
"body_html": "<p>An eligible public facility is any asset that a state, local, Tribal, or territorial government owns or has legal responsibility to maintain. Examples include systems (water, sewage, flood control), buildings (maintenance sheds, restrooms), transportation infrastructure (non‑federal roads, ramps), public structures (schools, cultural buildings), airports, parks (piers, trails, pools), and other public assets (pumping stations, communication towers, lighting, sidewalks, fences).</p><p>For permanent restoration, temporary repairs, and remediation work, the facility must be determined eligible before associated work can be approved. This ensures that funds are applied to assets intended to provide ongoing public service.</p>" },
{
"id": "natural-features",
"title": "Natural Features and Ineligible Properties",
"lead": "Natural features are eligible only when improved, maintained, and providing a discrete public function; unimproved land and certain private-purpose properties are ineligible.",
"body_html": "<p>A natural feature in its unimproved state (e.g., an unimproved hillside, forest, or un-engineered stream bank) is not eligible for PA funding. To qualify, the feature must be an “improved and maintained” facility that meets three tests: it contains a designed and constructed improvement, that improvement enhances the function of the unimproved feature (for example, improves flood control capacity), and the applicant maintains the improvement on a regular schedule. Only the improved portion is eligible (for example, a 150‑foot armored section of channel bank, not the unimproved channel).</p><p>Ineligible examples: unimproved land, agricultural land, and facilities maintained by community entities that are not open to the general public or that do not provide a public service.</p>" },
{
"id": "operational-status",
"title": "Operational Status, Inactive Facilities, and Scheduled Repairs",
"lead": "Active use at the start of the incident is a primary eligibility rule with narrow, documented exceptions; scheduled repairs are eligible only for new disaster damage.",
"body_html": "<p>General rule: a facility must have been in active use at the beginning of the incident period to be eligible. If a facility was inactive or only partially active, it is generally ineligible unless one of three exceptions applies: (1) temporarily inactive for repairs or remodel (and not under contractor responsibility for disaster repairs), (2) planned future use is documented in an approved budget or official plan, or (3) the applicant can show intent to begin use within a reasonable timeframe.</p><p>For partially occupied facilities, FEMA prorates assistance to the portion that was actively used at the time of the incident. For PNP mixed‑use facilities, more than 50 percent must have been in active use for an eligible purpose. Facilities scheduled for repair or replacement before the disaster remain eligible only for damage caused by the incident; pre‑existing damage is not payable.</p>" },
{
"id": "work-eligibility",
"title": "Work Eligibility — Emergency and Permanent Categories",
"lead": "Work is classified as Emergency (Category A/B) or Permanent (Categories C–G) and must meet the three minimum criteria to be eligible.",
"body_html": "<p>Emergency Work: immediate actions required to protect life, public health, and safety. Category A covers debris removal; Category B covers emergency protective measures. These activities focus on stabilization and immediate needs during or shortly after the incident.</p><p>Permanent Work: restoration to pre‑disaster design, function, and capacity in compliance with applicable codes and standards. Categories C–G include Roads/Bridges (C), Water Control Facilities (D), Buildings/Equipment (E), Utilities (F), Parks and Other (G). Administrative work such as building code and floodplain management is often categorized under Category Z.</p><p>Regardless of category, every project must satisfy three minimum requirements: (1) required as a result of the declared incident, (2) located within the declared area, and (3) the legal responsibility of an eligible applicant.</p>" },
{
"id": "eligibility-criteria",
"title": "The Three Minimum Eligibility Criteria — What to Prove and How",
"lead": "All work must meet causation, location, and legal responsibility tests; supporting documentation varies by project size and category.",
"body_html": "<h3>Causation (Result of the Declared Incident)</h3><p>Applicants must show a direct link between the incident and the damage or need for work. For debris removal, prove debris arose from the incident during the incident period and that removal addresses an immediate threat. For protective measures, show the activity responded to an immediate incident‑caused threat. For permanent work, demonstrate the need to repair disaster‑caused damage. Pre‑existing damage, wear and tear, deferred maintenance, negligence, or damage from failure to protect a facility after the incident are not eligible. Maintain pre‑disaster records—photos, inspection and maintenance logs—to support causation.</p><h3>Location (Within Designated Area)</h3><p>The facility and the work must be within the geographic area identified in the presidential declaration (county, parish, etc.). Exceptions exist for activities that support response within the declared area but occur outside it (for example, sheltering, evacuation staging, or EOC operations). Work performed outside the designated area to protect an in‑area facility is ineligible.</p><h3>Legal Responsibility</h3><p>FEMA evaluates whether the applicant had authority or responsibility to perform the work. For emergency work, this may be jurisdictional authority; for permanent work, ownership or written agreements (leases, contracts) commonly establish responsibility. For facilities under construction, leases, or contracts, FEMA reviews contract clauses (builder’s risk, force majeure, transfer-of-responsibility language) to identify who is legally responsible at the time of the incident. If a lease is silent, ownership generally establishes responsibility.</p>" },
{
"id": "special-scenarios",
"title": "Special Considerations and Complex Ownership Scenarios",
"lead": "Resolve legal responsibility and EHP constraints early; Tribal Nations and sacred sites have unique procedures.",
"body_html": "<h3>Tribal Nations</h3><p>FEMA respects tribal sovereignty and the protection of sensitive cultural locations. When non‑tribal inspections are not permitted, FEMA accepts a Tribal Nation’s certified damage assessment in lieu of site inspection and will limit requests for location details or imagery to protect sensitive sites. Eligibility for tribes emphasizes legal responsibility and incident causation rather than strict county‑based geographic definitions.</p><h3>Facilities Under Construction</h3><p>Use the construction contract to determine responsibility for repairs. FEMA will examine clauses that allocate disaster repair responsibility, insurance requirements (builder’s risk), force majeure provisions, and contract terms indicating when responsibility transfers to the owner.</p><h3>Leased Facilities</h3><p>The lease agreement governs responsibility. If the lease does not specify responsibility, FEMA generally treats the owner as legally responsible for restoration.</p><h3>Federal Facilities</h3><p>Federal agency-owned and maintained facilities are typically ineligible unless a federal agency has formally designated an SLTT entity as legally responsible for ongoing operation and repairs; such designation must be documented.</p><h3>Work on Private Property</h3><p>Work on private property is ordinarily ineligible unless the applicant demonstrates legal authority and responsibility to perform the work (for example, limited debris removal on private roads to restore public access). Strict documentary evidence is required.</p>" },
{
"id": "policy-compliance",
"title": "Policy & Compliance — OFAs, EHP, Equity, and Resilience",
"lead": "Projects must comply with OFA jurisdictional rules, Environmental and Historic Preservation laws, and federal priorities for equity and resilience.",
"body_html": "<h3>Coordination with Other Federal Agencies (OFAs)</h3><p>FEMA will defer to an OFA that has more specific statutory authority for particular facilities or programs. If an OFA’s statutory authority covers the facility or work, FEMA will not fund it, even if the OFA opts not to provide assistance.</p><h3>Environmental and Historic Preservation (EHP)</h3><p>All PA-funded projects require EHP review to confirm compliance with applicable laws, regulations, and executive orders. The applicant remains responsible for compliance with federal, state, and tribal EHP requirements for the entire project, including unfunded portions. Early EHP screening helps avoid scope changes and delays.</p><h3>Equity and Resilience Priorities</h3><p>FEMA is aligning PA implementation to prioritize equitable outcomes and investments that reduce future disaster risk. Applicants should frame projects to include resilience and hazard‑mitigation measures where feasible; doing so may unlock incentives and align projects with current policy goals such as adopting modern codes or using the Federal Flood Risk Management Standard.</p>" },
{
"id": "documentation",
"title": "Documentation Requirements at a Glance",
"lead": "Maintain clear, dated records to prove causation, location, and legal responsibility; exact evidence differs for small vs. large projects.",
"body_html": "<h3>Table A — Cause of Damage</h3><p><strong>Small Projects:</strong> Applicant certification that the work is required due to the incident (debris, protective measures, or permanent repairs).</p><p><strong>Large Projects:</strong> Applicant may need to provide pre‑incident and post‑incident photographs/videos, maintenance records, inspection reports, and other documentation to validate causation.</p><h3>Table B — Location Within Designated Area</h3><p><strong>Small & Large Projects:</strong> Provide the facility address or GPS coordinates and a certification that the facility and work are within the declared area.</p><h3>Table C — Legal Responsibility</h3><p><strong>Small Projects:</strong> Applicant certification that the facility and work are their legal responsibility.</p><p><strong>Large Projects:</strong> Provide deed/title, lease agreement (for leased facilities), construction contract (if under construction), bill of sale, property tax receipts, mortgage documents, or insurance policy documentation as required to substantiate legal responsibility.</p><p>Keep original documents or certified copies and maintain a retention schedule consistent with federal and state requirements; organize files so auditors can readily locate key evidence (cause, location, legal authority, cost documentation).</p>" },
{
"id": "resources",
"title": "Resources, Templates, and State Contacts",
"lead": "Quick links to downloadable templates and local PA contacts to streamline intake and project documentation.",
"body_html": "<ul><li>Damage documentation checklist (photo & metadata template)</li><li>Sample Project Worksheet (PW) template</li><li>Timesheet and force-account labor template</li><li>Procurement checklist and sample clauses for compliance with 2 C.F.R. Part 200</li><li>Retention schedule template and evidence index for audits</li><li>State PA Desk contact list and escalation steps</li></ul>" }
],
"footer": {
"id": "pa-footer",
"text": "Confirm applicability with your State Recipient and consult FEMA guidance for incident-specific procedure changes. This guide summarizes general PA guidance and is not a substitute for FEMA policy documents or legal advice." }
}