Detailed Discussion
With certain exceptions, an Eligible Facility is a building, works, system, or equipment (built or manufactured), or an improved and maintained natural feature, that is owned by an eligible public or Private Nonprofit (PNP) applicant. Land used for agricultural purposes is not a facility (see Improved Property). A group of buildings is not a facility.
To be eligible for Public Assistance funding a facility must:
Be the responsibility of an eligible applicant
Be located in a designated disaster area (except that sheltering and evacuation facilities may be located outside the designated disaster area) (see Designated Disaster Area)
Not be under the specific authority of another Federal agency
Be in active use at the time of the disaster
Examples of eligible public facilities include:
Roads (non-Federal Aid) Schools
Sewage Treatment Plants Buildings
Airports Bridges and Culverts
Irrigation Channels Utilities
Eligible PNP facilities include (see Private Nonprofit (PNP) Facility):
Educational facilities Medical facilities
Utilities Rehabilitation facilities
Certain irrigation facilities Custodial care facilities
Emergency facilities (e.g., fire Other essential government stations and rescue squads) services (see Eligible
Applicants)
If a facility is being used for purposes other than which it was originally designed, the eligible restoration is limited to restoring the facility to its original design and capacity, or restoring it to its immediate pre-disaster alternate purpose, whichever costs less.
In general, Eligible Work is based on the following minimum criteria:
It must be required as a direct result of the declared major disaster or emergency
It must be within the designated disaster area, except that sheltering and evacuation activities may be located outside the designated disaster area (see Designated Disaster Area)
It must be the legal responsibility of an eligible applicant at the time of the disaster (see Legal Responsibility)
Typically, Facilities Under Construction are the responsibility of the contractor until the owner has accepted the work as complete. In the event of damage to a facility under construction, FEMA must determine if the applicant is responsible for repairs before granting assistance. Repairs are eligible in the following situations:
The contract under which the work is being performed places responsibility for damage on the applicant during the construction period.
Prior to the disaster, the applicant had accepted the work as
complete and had, therefore, assumed responsibility. If the applicant had accepted responsibility for a portion of the site, repairs to that portion of the site would be eligible.
Repairs are not eligible if the work is the responsibility of the contractor at the time of the disaster.
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 (FEMA may review the bid and contract documents to validate). If damage existed prior to the incident, only the repair of damage caused by the incident is eligible.
A facility scheduled for replacement within 12 months of the start of the incident period using Federal funds is not eligible. In such a case, the Applicant should coordinate with the agency funding the project to expedite replacement, if possible.