Components of Facility Eligibility

The Federal Emergency Management Agency refers to these components as the building blocks of the Eligibility Pyramid. Generally, FEMA must determine whether each building block is eligible, starting at the foundation (Applicant) and working up to the top of the pyramid (cost).

The Applicant is responsible for demonstrating that each component of the pyramid is eligible by providing supporting documentation.

• FEMA accepts a variety of documentation to substantiate eligibility
• In some cases, FEMA requires specific documentation to support eligibility

There are two exceptions to the standard Eligibility Pyramid:

• Private nonprofits must own or operate an eligible facility in order for the Applicant to be eligible
• Evaluating facility eligibility is not a necessary step for most Emergency Work State, Territorial, Tribal, and Local Government Applicants

Facility Eligibility

A facility is a building, works, system, or equipment (built or manufactured), or an improved and maintained natural feature. A facility must be deemed eligible to qualify for the Public Assistance Grant Program.

• Components of a qualified facility include mechanical, electrical, plumbing, and other systems
• An example of a system that qualifies as a facility is a water distribution system
• A maintained natural feature may also be eligible. Unimproved property and land used for agricultural purposes are not eligible facilities. A natural feature is improved and maintained if it meets all of the following conditions. Only the section of the natural feature meeting the following criteria is eligible:
• The feature has designed and constructed improvements to its natural characteristics, such as a terraced slope or realigned channel
• The constructed improvement enhances the function of the unimproved natural feature
• The Applicant maintains the improvement on a regular schedule to ensure the improvement performs as designed

Facility Eligibility

For Private nonprofits, the facility must be eligible in order for the work to be eligible.

For State, Territorial, Tribal, and local governments, the facility must be eligible in order for Permanent Work, temporary repairs, or mold remediation to be eligible.

• Facility eligibility is not applicable to other types of Emergency Work

Public Facilities

An eligible public facility is one that a State, Territorial, Tribal, or Local government owns or has legal responsibility for maintaining, including any:

• Flood control
• Navigation
• Irrigation
• Reclamation
• Public power
• Sewage treatment and collection
• Water supply and distribution
• Watershed development
• Airport facility
• Non-Federal-aid street, road, or highway
• Other public building, structure, or system, including those used for educational, recreational, or cultural purposes

Private Nonprofit Facility

An eligible private nonprofit facility is one that provides educational, utility, emergency, medical, or custodial care, including for the aged or disabled, and other essential social services to the general public.

• If a private nonprofit operates multiple facilities, or a single facility composed of more than one building, FEMA will evaluate each building independently, even if all are located on the same grounds
• Buildings that are part of a complex that includes outdoor facilities (e.g., swimming pools, athletic fields, tennis courts) are not evaluated separately from the rest of the complex when determining eligibility of the building

Eligibility Requirements for Private Nonprofit Mixed-Use Facilities

A mixed-use facility is a private nonprofit facility that provides both eligible and ineligible services. Eligibility of mixed-use private nonprofit facilities depends on the primary use of the facility, which is determined by the amount of physical space dedicated to eligible and ineligible services and applies to both emergency and permanent work.

• Primary use: The use for which more than 50 percent of the physical space in the facility is dedicated
• FEMA evaluates the entire structure when determining primary use; it does not separately address individual areas, such as floors, basements, or wings
• Common space, such as bathrooms, hallways, lobbies, closets, stairways, and elevators, is not included when calculating mixed-use space
• If the facility is eligible, FEMA prorates funding based on the percentage of physical space dedicated to eligible services
• The Applicant is responsible for the balance of costs to restore the facility and must restore the entire facility to receive funding for repairs to the eligible-use portions of the facility

Eligibility Requirements for Private Nonprofit Mixed-Use Facilities

If space is available for use, but the Applicant cannot support that it is used for eligible services for more than 50 percent of operating time, then the Applicant may not be eligible for Public Assistance. When FEMA determines that 50 percent or more of physical space is dedicated to ineligible services, the entire facility is ineligible.

Eligibility Requirements for Private Nonprofit Mixed-Use Facilities

In cases where a private nonprofit Applicant shares use of a facility, the facility must be primarily owned by the private nonprofit Applicant and meet the primary use requirement, in order to be eligible. FEMA prorates funding for these facilities based on the percentage of physical space that the Applicant owns and dedicates to eligible services. The following guidelines are used to determine the eligibility of such facilities:

If the eligible private nonprofit owns the entire facility and leases a portion of it to another entity, the facility is eligible provided that the private nonprofit dedicates more than 50 percent of the facility for eligible services.

If the private nonprofit leases 50 percent or more of the facility to an ineligible Applicant, or for ineligible services, then the facility is ineligible.

If the eligible private nonprofit only owns a portion of the facility, it is eligible provided that the private nonprofit owns more than 50 percent of the facility and dedicates more than 50 percent of physical space for eligible services.

Alternate Use Facility

Alternate use facilities may be eligible for Public Assistance grant funding.

Alternate use facility: A facility that was serving an alternate function at the time of the incident but was not altered to provide that function.

• I.e., An Applicant designed and constructed an administrative building, but later used it as a school

FEMA provides Public Assistance funding to restore the facility either to the original pre-disaster function, or pre-disaster alternate function, whichever costs less.

Small Business Administration Loan Requirement

Following a Major Disaster Declaration, the U.S. Small Business Administration can provide loans to individuals and businesses for facility restoration.

For private nonprofits that provide non-critical, essential social services, FEMA only provides public assistance funding for eligible Permanent Work costs that a Small Business Administration loan won't cover.

• Non-critical private nonprofits must simultaneously apply for a disaster loan from the Small Business Administration.

Private nonprofits that provide critical services can apply to FEMA without having to apply to Small Business Administration.

• If the eligible portion of a mixed-use facility provides critical services (or is partially used to provide critical services), the Applicant may apply for public assistance funding without also applying to Small Business Administration for a loan.
• If the eligible portion of a mixed-use facility is used to provide services that are entirely non-critical, the Applicant must also apply to Small Business Administration for a loan.

Select this link for flowchart description.

Facility Under the Specific Authority of Other Federal Agencies

Other Federal agencies also have authority to provide assistance after disasters. If a facility is under the specific authority of another Federal agency, FEMA does not provide assistance to restore that facility even if that Federal agency does not provide funding to restore the facility.

• 72 Public Housing Authority facilities are eligible unless Congress appropriates funds to the U.S. Department of Housing and Urban Development for emergency capital needs for that facility
• Other Federal agencies have authority to conduct specific work that may overlap with FEMA's authority. FEMA does not provide assistance for that work except in certain, limited circumstances

Inactive or Partially Inactive Facility

To be eligible, a facility must have been in active use at the start of the incident period. Inactive facilities are not eligible, unless one of the following conditions is met:

• The facility was only temporarily inactive for repairs or remodeling (provided a contractor is not responsible for repair of disaster-related damage);
• The Applicant firmly established future active use in an approved budget; or
• The Applicant can clearly demonstrate its intent to begin use within a reasonable amount of time.

The above criteria also apply to facilities that are partially inactive at the start of the incident period. Inactive portions are not eligible unless one of the exceptions noted above applies.

Inactive or Partially Inactive Facility: Eligible Repairs

When eligible repairs benefit an area that was not in active use, FEMA prorates funding based on the percentage of the facility that was in active use.

• For example, if the roof of a partially used building is destroyed, FEMA limits the eligible cost to a prorated amount of the total cost to replace the roof based on the percentage of the building that was in active use.

For private nonprofit facilities, more than 50 percent of the facility had to be in active use for an eligible purpose at the time of the incident in order for the facility to be eligible.

Facility Scheduled for Repair or Replacement Including Deferred Maintenance

Facilities that are not yet under contract but 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

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