Detailed Discussion
Private nonprofit organizations that offer certain types of eligible services are eligible to receive FEMA Public Assistance funding for damages caused by a presidentially‐declared emergency or major disaster. Private nonprofit organizations interested in pursuing Public Assistance reimbursement must submit a Request for Public Assistance (RPA) through the Recipient. In the Request for Public Assistance, a private nonprofit organization must demonstrate that it 1) is a non‐revenue producing, nonprofit entity under federal or state law and 2) owns or operates a facility that provides an eligible service.
To be an eligible applicant, the PNP must show that it has:
- A current ruling letter from the U.S. Internal Revenue Service granting tax exemption under Section 501(c), (d) or (e) of the Internal Revenue Code of 1954; or
- Documentation from the state substantiating it is a non-revenue-producing nonprofit entity organized or doing business under state law.[44 C.F.R. § 203.221(f)]
Additionally, prior to determining whether the PNP is eligible, FEMA must first determine whether the PNP owns or operates an eligible facility. For PNPs, an eligible facility is one that provides eligible services, including:
- A critical service, which is defined as education, utility, emergency or medical;[44 C.F.R. § 206.221(e)]
- A facility that provides noncritical but essential social services AND provides these services to the general public;[44 C.F.R. § 206.221(e)(7)] or
- Certain types of facilities such as senior centers that restrict access in a manner clearly related to the nature of the facility but that are still considered to provide essential social services to the general public.
State EM Applicants Briefing will provide more specifics for their state but the following helpful examples of eligible PNPs.
Critical PNPs include:
- Nursing Homes
- Laboratories
- Rehab Centers That Provide Medical Care
- Hospitals and Emergency Care Facilities
- Fire/Rescue Emergency Services
- Educational Facilities (public or private) Including Colleges
Essential/Noncritical PNPs include:
- Community Centers
- Child Care Facilities
- Food Assistance Programs
- Performing Arts Facilities
- Senior Citizen Centers
- Homeless Shelters
- Houses of Worship
However, it is important to note that these lists are not exhaustive and there may be other types of PNPs that are potentially eligible.
What work and costs are eligible for FEMA PA Program funding?
Through the PA Program, FEMA provides grant funding for certain categories of emergency work and permanent work, depending on the type of disaster declared. Emergency work includes the following two categories that address an immediate threat:
- Category A Debris Removal
- Category B Emergency Protective Measures
To be eligible, costs must be:
- Directly tied to the performance of eligible work;
- Adequately documented;[2 C.F.R. § 200.403(g)]
- Reduced by all applicable credits, such as insurance proceeds and salvage values;14
- Authorized and not prohibited under Federal, State, Territorial, Tribal or local government laws or regulations;
- Consistent with the Applicant’s internal policies, regulations, and procedures that apply uniformly to both Federal awards and other activities of the Applicant; and
- Necessary and reasonable to accomplish the work properly and efficiently.[2 C.F.R. § 200.403]
The COVID-19 national emergency makes federal PA Program funding available for Category B Emergency Protective Measures. Category B Emergency Protective Measures include actions taken before, during and following a disaster to save lives, protect public health and safety, or eliminate immediate threat of significant damage to improve public health and property.[44 C.F.R. § 206.225(a)(3)]