FEMA processes Public Assistance (PA) grant funding according to the type of work an applicant undertakes. For work to be eligible, it must be required as a result of the declared incident, be located in the designated area, be the legal responsibility of the applicant, and be undertaken at a reasonable cost. This chapter provides important information relating to PA facility eligibility and general requirements for work to be eligible.
In general, a facility must be determined eligible for work to be eligible.
The requirement for a facility to be declared eligible varies based on the applicant type and the category of work being performed:
An eligible public facility is one that a state, local, Tribal Nation, or territorial (SLTT) government owns or has legal responsibility for maintaining.
A public facility includes any of the following structures or systems:
A natural feature is considered improved and maintained if it meets all of the following conditions:
Scope Restriction: Only the specific section of a natural feature that meets the criteria above is eligible. For example, if only 150 linear feet of a natural channel bank is armored with rip rap and maintained, the eligible facility is strictly limited to that 150-linear-foot section.
The following facility types are completely ineligible for assistance:
To be eligible, a facility must have been in active use at the start of the incident period. Inactive or partially inactive facilities are ineligible, unless one of the following specific conditions is met:
Proration Mandate: For facilities that are partially occupied and therefore partially inactive at the start of the incident, the inactive portions are not eligible unless an exception applies. When the eligible repairs benefit a non-active area, the assistance will be prorated according to the percentage of the facility that was in active use. For example, if the roof of a partially used building is destroyed, FEMA limits the eligible cost to a prorated amount based on the active space percentage.
PNP Threshold: For private nonprofit mixed-use facilities to be eligible, more than 50 percent of the facility had to be in active use for an eligible purpose at the time of the incident.
Facilities that are not yet under contract but are scheduled for repair or replacement using non-federal funds are eligible provided that the claimed damage did not exist prior to the incident. If damage existed prior to the incident, only the repair of damage caused by the incident is eligible.
Through the PA Program, FEMA provides grant funding for debris removal, emergency protective measures, permanent restoration of damaged facilities (including cost-effective hazard mitigation), and building code and floodplain management administration and enforcement activities.
At a minimum, work must meet each of the following three general criteria to be eligible:
Applicants must clearly define impacts and damage caused by the declared incident and separate them from any impacts or damage not caused by the declared incident. Applicants must also separate any work or costs associated with addressing uncaused impacts or damage.
Examples of impacts or damage not caused by the declared incident include:
Inspection Waiver: Large projects do not automatically require pre-incident records if site inspections show the damage is a evident result of the event. For instance, where an entire bridge or section of road is washed away or a building is consumed by fire, maintenance records are not needed to support the overall failure caused by the event.
FEMA recognizes the importance of protecting sensitive tribal locations. Many sensitive tribal locations are sacred, and non-tribal members sharing information about or accessing these locations may be seen as a violation of tribal or federal law. Items such as pottery, jewelry, regalia, clothing, weapons, sacred objects, and human remains must be protected from theft and damage.
Tribal Sovereignty Rule: For locations that are sacred to a Tribal Nation where non-tribal members are not allowed, site inspections by FEMA staff are not permitted. Instead, FEMA will accept a Tribal Nation's certified damage assessment as a valid alternative to document and validate damage. Additionally, FEMA will not require photos, site maps, and specific location details (such as GPS coordinates) for locations where tribal artifacts are located.
To be eligible, the facility must be located, and work must be performed, in a designated area defined by the incident, except for sheltering, evacuation, and Emergency Operations Center (EOC) activities. Work performed on a facility located outside of a designated area is ineligible, even if an eligible applicant is legally responsible for the work to protect a facility within the designated area.
Tribal Nations do not always have geographical boundaries (e.g., counties, parishes) and some have boundaries that cross state lines. Therefore, tribal declarations do not usually define specific declared geographical areas; FEMA determines eligibility based on legal responsibility and whether the work is required due to the incident.
To be eligible, work must be the legal responsibility of the applicant requesting assistance.
If a construction contract was in place for the facility at the time of the incident, FEMA reviews the contract to determine if it identifies the contractor or owner as responsible for repairs, requires a builder's risk policy, contains a force majeure provision, or identifies the point at which responsibility transfers back to the owner.
FEMA reviews the lease agreement to determine legal responsibility for repair of damage caused by the incident. If the lease does not specify either party as responsible, FEMA considers the owner of the facility legally responsible for the costs to restore the facility.
Facilities owned and maintained by federal agencies are ineligible. If a federal agency constructed a facility and formally designated the applicant as the legally responsible entity for operation, maintenance, and repairs, FEMA reviews the other federal agency's authority and agreement to confirm the legally responsible entity.
Work on private property is the legal responsibility of the property owner and generally ineligible for PA funding. In rare cases where a SLTT government conducts activities on private property, FEMA reviews the applicant's legal basis and specific authority to conduct the activities.
FEMA does not provide assistance for facilities or work that fall under the specific and exclusive authority of another federal agency (OFA), even if that OFA does not provide funding for the facility or work. Applicants must apply directly to the respective agency for assistance.