Essential reference for SLTT applicants on eligibility rules, documentation, and compliance under the Stafford Act and Uniform Guidance.
` + `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.
` }, { id: "pa-toc", title: "On This Page / Quick TOC", rich_text_html: `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.
` + `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).
` + `For permanent restoration, temporary repairs, and remediation work, the facility must be determined eligible before associated work can be approved. This ensures funds are applied to assets intended to provide ongoing public service.
` }, { id: "natural-features", title: "Natural Features and Ineligible Properties", rich_text_html: `Natural features are eligible only when improved, maintained, and providing a discrete public function. Unimproved land and certain private-purpose properties are ineligible.
` + `A natural feature in its unimproved state (for example, 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; the 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).
` + `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.
` }, { id: "operational-status", title: "Operational Status, Inactive Facilities, and Scheduled Repairs", rich_text_html: `Active use at the start of the incident is a primary eligibility rule with narrow, documented exceptions. Facilities scheduled for repair or replacement before the disaster remain eligible only for new disaster damage.
` + `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.
` + `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 with pre‑existing damage are eligible only for new damage caused by the declared incident.
` }, { id: "work-eligibility", title: "Work Eligibility — Emergency and Permanent Categories", rich_text_html: `Work is classified as Emergency (Category A/B) or Permanent (Categories C–G) and must meet the three minimum criteria to be eligible.
` + `Emergency Work: immediate actions required to protect life, public health, and safety. Category A covers debris removal; Category B covers emergency protective measures focused on stabilization and immediate response needs.
` + `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), and Parks/Recreation/Other (G). Administrative work (for example, building code and floodplain management) may be categorized under Category Z.
` + `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.
` }, { id: "eligibility-criteria", title: "The Three Minimum Eligibility Criteria — What to Prove and How", rich_text_html: `All work must meet causation, location, and legal responsibility tests; supporting documentation varies by project size and category.
` + `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.
` + `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.
` + `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.
` }, { id: "special-scenarios", title: "Special Considerations and Complex Ownership Scenarios", rich_text_html: `Resolve legal responsibility and EHP constraints early; Tribal Nations and sacred sites have unique procedures.
` + `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.
` + `If a facility was under construction when the disaster occurred, the construction contract is the primary document for determining responsibility for repairs. FEMA will review clauses that allocate disaster‑repair responsibility, insurance requirements (builder’s risk), force majeure provisions, and contract terms indicating when responsibility transfers to the owner.
` + `The lease agreement governs responsibility. If the lease does not specify responsibility, FEMA generally treats the owner as legally responsible for restoration.
` + `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.
` + `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.
` }, { id: "policy-compliance", title: "Policy & Compliance — OFAs, EHP, Equity, and Resilience", rich_text_html: `Projects must comply with OFA jurisdictional rules, Environmental and Historic Preservation laws, and federal priorities for equity and resilience.
` + `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.
` + `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.
` + `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.
` }, { id: "documentation", title: "Documentation Requirements at a Glance", rich_text_html: `Maintain clear, dated records to prove causation, location, and legal responsibility; exact evidence differs for small vs. large projects.
` + `Small Projects: Applicant certification that the work is required due to the incident (debris, protective measures, or permanent repairs).
` + `Large Projects: Applicant may need to provide pre‑incident and post‑incident photographs/videos, maintenance records, inspection reports, and other documentation to validate causation.
` + `Small & Large Projects: Provide the facility address or GPS coordinates and a certification that the facility and work are within the declared area.
` + `Small Projects: Applicant certification that the facility and work are their legal responsibility.
` + `Large Projects: 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.
` + `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).
` }, { id: "resources", title: "Resources, Templates, and State Contacts", rich_text_html: `Quick links to downloadable templates and local PA contacts to streamline intake and project documentation.
` + `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.
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