Eligibility

Are you an Eligible Applicant. what types of entities are eligible for FEMA Public Assistance?

State, Territorial, and Indian Tribal Governments and Local Governments

The following types of local governments are eligible Applicants

  • Counties and parishes
  • Municipalities, cities, towns, boroughs, and townships
  • Local public authorities
  • School districts
  • Intrastate districts
  • Councils of governments (regardless of whether incorporated as nonprofit corporations under State law)
  • Regional and interstate government entities
  • Agencies or instrumentalities of local governments
  • State-recognized Tribes
  • Special districts established under State law
  • Community Development Districts are special districts that finance, plan, establish, acquire, construct or reconstruct, operate, and maintain systems, facilities, and basic infrastructure within their respective jurisdictions. To be eligible, a Community Development District must be legally responsible for ownership, maintenance, and operation of an eligible facility that is accessible to the general public.

The State or a political subdivision of the State may submit applications on behalf of rural communities, unincorporated towns or villages, and other public entities not listed above.

Only certain Private Non-Profit (PNP) Organizations are eligible Applicants. To be an eligible PNP Applicant, the PNP must show that it meets the tax-exempt status, own or operate an eligible facility.  An eligible facility is one that provides an eligible service.

Tax-Exempt Status

  • A current ruling letter from the U.S. Internal Revenue Service granting tax exemption under sections 501(c), (d), or (e) of the Internal Revenue Code of 1954;
  • Documentation from the State substantiating it is a non-revenue producing, nonprofit entity organized or doing business under State law.

Eligible Services - click here for a chart of Critical, Non-Critical and Non-Eligible Services

  • A facility that provides a critical service, which is defined as education, utility, emergency, or medical; or
  • A facility that provides a non-critical, but essential social service AND provides those services to the general public. PNP facilities generally meet the requirement of serving the general public if ALL the following conditions are met:

Facility use is not limited to any of the following:

  • A certain number of individuals;
  • A defined group of individuals who have a financial interest in the facility, such as a condominium association;
  • Certain classes of individuals; or
  • An unreasonably restrictive geographical area, such as a neighborhood within a community;

Facility access is not prohibited with gates or other security systems; and
Any membership fees meet all the following criteria:

  • Are nominal;
  • Are waived when an individual can show inability to pay the fee;
  • Are not of such magnitude to preclude use by a significant portion of the community; and
  • Do not exceed what is appropriate based on other facilities used for similar services.

Certain types of facilities, such as senior centers, that restrict access in a manner clearly related to the nature of the facility, are still considered to provide essential social services to the general public.

In cases where the facility provides multiple services, such as a community center, FEMA reviews additional items to determine the primary service that facility provides, such as:

  • U.S. Internal Revenue Service documentation
  • Pre-disaster charter, bylaws, and amendments
  • Evidence of longstanding, routine (day-to-day) use (e.g., a calendar of activities)

Facilities established or primarily used for political, athletic, recreational, vocational, or academic training, conferences, or similar activities are not eligible.

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Additional Information Related  to

Eligibility

This website  is intended as a national source of information about  the delivery of  financial recovery services. It includes resources on eligibility, procurement, grant management delivery, and issues related to various Federal Programs currently supporting FEMA  Public Assistance program  financial recovery for governments and non-profits. This website is not affiliated or endorsed or sponsored  by  FEMA  or any other Federal grant program. The information provided in various webpage documents is derived largely from Federal  published materials. In general, under section 105 of the Copyright Act, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.  The goal is to help navigate the various Federal websites and summarize grant information and requirements. It does not constitute legal advice or grant management advise and is provided for general informational purposes only. Only the Federal Agency responsible for grants can make determinations on eligibility and grant amounts. You should consult with your professional services advisors and State and Federal Grant Coordinators for more detailed guidance on specific FEMA Public Assistance financial recovery issues.

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