Eligibility Regulations

Other Federal Agencies

Detailed Discussion

For certain types of facilities, disaster  assistance is the responsibility of a Federal agency other than FEMA. FEMA  cannot provide assistance for the permanent repair of these facilities. This  restriction applies even if the authorized agency decides not to provide  assistance.
   Other Federal Agencies with  authority to provide disaster assistance include the following:
   †  Federal Highway  Administration (FHWA): assistance with damage to roads and bridges on the  Federal-Aid Roads, including debris removal (see Federal-Aid  Roads)
   †  U.S. Army Corps  of Engineers: repair of locally owned flood control works, such as dams,  levees, floodwalls, and flood control channels (see Flood  Control Works)
   †  Natural  Resources Conservation Service: repair of locally owned flood control works  (see Flood Control Works),  and removal of debris from stream channels, road culverts, and bridges
   †  Department of  Housing and Urban Development (HUD): assistance with damaged properties of  public housing authorities
   FEMA cannot assist with permanent repairs to  these facilities. However, in some cases when there is an emergency need,  FEMA may fund emergency work if the authorized agency does not provide  assistance and there is an immediate threat to public health and safety. For  example, if the FHWA decides not to provide funds to clear debris from a  Federal-Aid road, FEMA may fund the work in a limited way, on a case-by-case  basis if there is an immediate threat to the public health and safety.  Additionally, the coordination agreement between FEMA and HUD authorizes FEMA  to fund disaster-related emergency work (but not permanent work) for  disaster-damaged public housing authority properties.
   Some Federal agencies own facilities but turn  responsibility for operation and maintenance of these facilities over to  local agencies. Examples include:
   †  Roads  constructed by the U.S. Forest Service
   †  Reservoirs and  water delivery systems constructed by the U.S. Bureau of Reclamation
   †  FEMA may provide  assistance for the permanent repair of these facilities if the agreement  between the Federal and local agencies specifically assigns responsibility  for repairs to the local agency (see Legal  Responsibility).
   References:   Sections 102(8) and 312 of the Stafford Act 44 CFR §206.226(a)
   Public Housing Authorities, FEMA Policy 9523.7,  dated April 14, 2003
   Policy for Rehabilitation Assistance for Levees  and Other Flood Control Works, FEMA Policy 9524.3, dated August 17,  1999
   Eligibility for Permanent Repair and Replacement  of Roads on Tribal Lands, FEMA Policy 9524.8, dated July 24, 2007
   Public Assistance Guide, FEMA 322, pages 23-26,  28, 41, 44


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