FEMA Emergency Protective Measures (Category B): Eligibility and Implementation Briefing

Executive Summary

This briefing document outlines the requirements and eligible activities under FEMA’s Public Assistance (PA) Program for Emergency Protective Measures (Category B). These measures are defined as actions taken before, during, and after an incident to eliminate or lessen immediate threats to lives, public health, and safety, or to protect improved property in a cost-effective manner.Critical Takeaways:

• Eligibility Triggers:  Work must be a direct response to a declared incident and address an immediate threat. FEMA requires documentation and, in some cases, certification by government officials of the threat's existence.
• Legal Authority:  Applicants must have the legal authority to perform the work, particularly when intervening on private property.
• Scope of Coverage:  Eligible activities range from search and rescue and emergency medical care to the temporary relocation of essential community services and the construction of emergency berms.
• Cost Responsibility:  FEMA provides reimbursement for extraordinary costs. It does not fund costs covered by other sources, such as private insurance, Medicare, or other federal agencies (e.g., FHWA or USACE).
• Sheltering Protocols:  Detailed regulations govern both congregate and non-congregate sheltering (NCS), with the latter requiring specific FEMA Headquarters approval and strict data-tracking to prevent duplication of benefits with Individual Assistance (IA) programs.

General Eligibility and Certification

Emergency protective measures are eligible if they eliminate or lessen immediate threats to lives, public health, or safety, or protect improved public or private property. FEMA may require certification from federal or State, Local, Tribal, or Territorial (SLTT) officials that includes:

• Identification and evaluation of the specific threat.
• Recommendations for necessary work to mitigate that threat.

Private Property Interventions

Work on private property is limited to circumstances where:

1. The threat is widespread and impacts the general public's health and safety.
2. The applicant has clear legal authority to perform the work.
3. The applicant has obtained rights-of-entry and agreements to indemnify the federal government.

Private Nonprofit (PNP) Organizations

PNPs are generally limited to activities protecting their own eligible facilities. They are not legally responsible for general emergency services (like fire or rescue). However, if an SLTT government formally requests and certifies a PNP to provide such services, FEMA may provide funding through the government entity as the applicant.

Life-Saving and Public Safety Measures

FEMA identifies a broad range of eligible activities intended to save lives and protect public health.| Category | Eligible Activities || ------ | ------ || Response Operations | Transporting/pre-positioning resources, search and rescue (including pets/service animals), firefighting, and Emergency Operations Center (EOC) activities. || Public Safety | Security (barricades, fencing, law enforcement), building safety inspections, and dissemination of hazard warnings/guidance. || Medical & Mortuary | Emergency medical care, transport, mass mortuary services, and storage of unidentified remains. || Access & Utilities | Provision of emergency access (clearing debris from roads), use of temporary generators for essential services, and hazardous materials stabilization. |

Emergency Medical Care

FEMA funds extraordinary costs for emergency medical care when the local system is overwhelmed.

• Timeframe:  Generally limited to 30 days from the declaration date.
• Eligible Costs:  Triage, medically necessary tests, vaccinations, durable medical equipment (e.g., wheelchairs, oxygen equipment), and consumable supplies (e.g., medications, bandages).
• Ineligible Costs:  Inpatient care once a patient is admitted, long-term treatment, and administrative costs.

Evacuation and Sheltering

Evacuation

Transportation of survivors, household pets, service animals, and necessary luggage/medical equipment is eligible. This includes:

• Emergency medical transportation.
• Paratransit for individuals with disabilities or functional needs.
• Tracking of evacuees and animals for reunification purposes.
• Note:  Evacuation of agricultural/livestock animals or exhibition animals is ineligible.

Congregate Sheltering

Congregate sheltering provides safe, sanitary, and secure refuge for the community. Eligible costs include:

• Facility Costs:  Rent, utilities, minor modifications (ADA compliance), and restoration to pre-disaster condition.
• Staffing:  Medical, veterinary, social workers, food service, and National Guard personnel.
• Supplies:  Meals, infant formula, hygiene kits, cots, and animal crates.
• Services:  Management, security, and "crisis intervention/psychological first aid."

Non-Congregate Sheltering (NCS)

NCS (e.g., hotels, motels, RVs) is considered only under exigent circumstances, such as when congregate facilities are unavailable or insufficient.

• Approvals:  Traditional NCS (hotels) does not require pre-approval, but non-traditional NCS (RVs, ships, Airbnb) requires FEMA Headquarters approval.
• Data Requirements:  Applicants must maintain a weekly reporting system including IA Registration IDs, habitability status of primary residences, and check-in/out dates to prevent fraud and duplication of benefits.
• Insurance:  Homeowner’s insurance for "loss of use" does not typically constitute a duplication of benefits for NCS, as NCS is viewed as a public health measure.

Temporary Relocation of Essential Services

If a facility providing essential community services is destroyed or unsafe, FEMA may fund the temporary relocation of those services.

• Eligible Services:  Education, elections, police/fire, emergency medical care, prisons, and low-income/domestic violence shelters.
• Ineligible Services:  Museums, zoos, community centers, houses of worship, and athletic stadiums.
• Requirement:  The applicant must choose the most economical option (lease, purchase, or construction). Construction or purchase of a temporary facility generally requires prior FEMA approval.

Special Protective Measures

Hazardous Materials

Eligible work includes the separation, stabilization, and disposal of pollutants and hazardous substances. Short-term testing to ensure the elimination of an immediate threat is allowed, but long-term cleanup testing is ineligible.

Snow-Related Activities

Assistance is limited to a continuous  48-hour period  (which may be extended by 24 hours in record-breaking events).

• Eligible Work:  De-icing, salting, sanding, and snow removal to address critical needs.
• Context:  For winter storms where snow assistance is not specifically authorized, removal is only eligible if necessary to perform other eligible work (e.g., clearing a path to repair a power line).

Slope Stabilization and Berms

• Slope Stabilization:  Limited to the area of the immediate threat to improved property; must be the least costly option.
• Beach Berms:  Construction of emergency sand berms is eligible if a "5-year storm" (20% annual chance) would damage improved property based on post-incident elevations. These are not intended for permanent beach restoration.

Mold Remediation

Remediation is eligible to prevent further damage to facilities and contents. It must not be the result of poor maintenance. Eligible activities include HEPA vacuuming, removal of contaminated gypsum board, and cleaning of HVAC systems.

Damage Sustained During Emergency Work

Applicants may receive funding to repair public property or equipment damaged while performing eligible emergency work (Category A or B), provided the damage was:

• Due to severe incident conditions.
• Unavoidable.
• Not due to improper or excessive use.Note:  Repair of private property damaged during emergency work is only eligible if the applicant is legally responsible for the property (e.g., through a lease or easement). Replacement of trees, shrubs, or crops is categorically ineligible.

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