Chapter 4 › II.B.3 Legal Responsibility

How does FEMA decide the work is our legal responsibility?

FEMA term

Minimum work eligibility: legal responsibility

Short answer

For debris removal and emergency protective measures, FEMA asks whether you had jurisdiction over the area or legal authority to do the work at the time of the incident. For permanent work, it asks whether you were responsible for restoring the facility, based on ownership and any written agreements. Ownership is usually enough, unless the facility was leased out or under construction by a contractor.

What FEMA requires

Work must be the legal responsibility of the applicant requesting assistance.
Debris removal and emergency protective measures: you had jurisdiction over the area or legal authority to do the work at the time of the incident.
Permanent work: you were legally responsible for restoring the facility at the time of the incident, based on ownership and any written agreements (for example, for facilities under construction, leased facilities or facilities owned by a federal agency).
Ownership is usually enough, provided the facility was not under construction by a contractor or leased to another entity at the time.
In general, you are only responsible for activities within your jurisdiction. Work outside it requires a documented legal basis.

Documentation

Small projects: a certification that the facility and work are your legal responsibility.
Large projects: if needed to validate legal responsibility, one or more of: deed, title, lease agreement (required for leased facilities), bill of sale, land contract, mortgage documents or payments, property tax receipt or bill, real property insurance policy, or the construction contract (required for facilities under construction at the time of the incident).

Watch out · Govstar practitioner advice

Work outside your own boundaries is where this test usually fails. If you worked outside your jurisdiction, keep the agreement or legal authority that allowed it, such as a mutual aid agreement.

Govstar summarizes FEMA’s Public Assistance Program and Policy Guide in plain language and links to the official text. Govstar is independent and not affiliated with FEMA. This is general guidance, not legal advice.