II. General Work Eligibility

Through the PA Program, FEMA provides grant funding for WORK 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.

A. Emergency Work vs. Permanent Work

• Emergency Work: Addresses an immediate threat and is divided into Category A (Debris removal) and Category B (Emergency protective measures).
• Permanent Work: Includes the restoration of a damaged facility or building code and floodplain management administration and enforcement activities. This is separated into Category C (Roads/bridges), Category D (Water control facilities), Category E (Buildings/equipment), Category F (Utilities), Category G (Parks, recreational, and other facilities), and Category I (Building code and floodplain management).

B. Minimum Work Eligibility Criteria

At a minimum, work must meet each of the following three general criteria to be eligible:

1. Be required as a result of the declared incident;
2. Be located within the declared area; and
3. Be the legal responsibility of an eligible applicant.

Result of Declared Incident

Sector-Specific Threat Demonstration

• Debris Removal: Applicants must demonstrate that the debris was generated by the declared incident, during the declared incident period, and that removal addresses an immediate threat.
• Emergency Protective Measures: Applicants must demonstrate that the work addresses an immediate threat resulting from the declared incident.
• Permanent Work, Temporary Repairs, and Mold Remediation: Applicants must demonstrate that the work addresses damage caused directly by the declared incident.

Incident Separation Mandates

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.

Impacts and Damage Exclusion List

Examples of impacts or damage not caused by the declared incident include:

• Previously existing damage or debris.
• Impacts or damage resulting from a different incident, even if it occurred during the incident period of the declared incident.
• Impacts or damage that occur after the incident period and prior to conducting incident-related repairs.
• Deterioration (wear and tear) or deferred maintenance.
• Impacts or damage due to failure to take measures to protect a facility from further damage in a timely manner, or damage due to negligence.

Project Class Valuation Thresholds

• Small Projects: Applicants must certify, in lieu of providing documentation, that debris removal, emergency protective measures, and permanent work meet the explicit incident connection criteria and did not result from a lack of maintenance.
• Large Projects: If necessary to validate cause, applicants must provide pre-incident photographs/videos and/or documentation supporting the pre-disaster condition of the facility (e.g., maintenance records or inspection reports).

Complete Destruction Documentation Waiver

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.

Protecting Tribal Sensitive Locations

Cultural Integrity Context

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.

Sacred Site Inspection Bans & Alternative Certifications

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.

Within Designated Area

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 Boundary Exceptions

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.

Legal Responsibility

To be eligible, work must be the legal responsibility of the applicant requesting assistance.

• Emergency Work Jurisdiction: FEMA evaluates whether the applicant requesting assistance had jurisdiction over the area or the legal authority to conduct the work at the time of the incident.
• Permanent Work Jurisdiction: FEMA evaluates whether the applicant claiming the costs had legal responsibility for disaster-related restoration based on ownership and the terms of any written agreements.

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