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Chapter 3 › V.C Facility Eligibility

Which nonprofit facilities are eligible, and what does “open to the general public” mean?

FEMA term
PNP facility eligibility; critical and noncritical essential social services
Short answer

A nonprofit facility is eligible if it provides a critical service (education, utilities, emergency services or emergency medical care) or a noncritical but essential social service that is open to the general public. Open to the public means use isn’t limited to a set group, access isn’t gated, and any fees are nominal and waived for those who can’t pay.

What FEMA requires

  • FEMA first decides whether the nonprofit owns or operates an eligible facility that provides an eligible service.
  • Critical services: education, utility, emergency and emergency medical care. Administrative and support facilities essential to a critical service are also eligible, such as kitchens, dormitories, storage, parking lots, access roads, offices, school gyms and playgrounds.
  • Noncritical, essential social services must be provided to the general public. That means use is not limited to a set number of people, a group with a financial interest (like a condo association), certain classes of people, or an unreasonably small area; access is not restricted (for example by gates); and any membership fees are nominal, waived for those unable to pay, not so high they exclude much of the community, and in line with similar facilities.
  • Facilities that restrict access because of their nature, such as senior centers, childcare, custodial care, rehabilitation or educational facilities, or houses of worship limited to members of a faith, still count as serving the general public.
  • If a nonprofit leases its facility to another entity providing eligible services, FEMA reviews the lessee’s fees, not the lease cost.
  • Facilities established or primarily used for political, athletic, recreational, vocational, conference, retreat or similar activities are ineligible.
  • Nonprofits whose facilities provide only noncritical services must also apply for an SBA disaster loan for permanent work.
<table class="pt-table"><thead><tr><th>Service type</th><th>Examples</th><th>Must serve the general public?</th></tr></thead><tbody><tr><td>Critical services</td><td>Education, utilities, emergency services (fire, rescue, ambulance), emergency medical care</td><td>Not required</td></tr><tr><td>Noncritical, essential social services</td><td>Community centers, houses of worship, libraries, museums, homeless shelters, food banks, senior centers, childcare, zoos</td><td>Yes, unless access is limited for reasons tied to the facility’s nature</td></tr><tr><td>Ineligible services</td><td>Recreation, athletics, political activity, conferences, retreats, camps</td><td>Not eligible</td></tr></tbody></table>

Documentation

A list of the services provided in the damaged facility, when and to whom; membership rules, fee policy and fee waiver policy; and for administrative or support facilities, how they support a critical service.

Watch out · Govstar practitioner advice

Membership fees and controlled access are where noncritical facilities lose eligibility. If fees exist, have a written waiver policy and show that fees are in line with similar facilities.

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.