Determining Eligibility: Methods for Presenting Disaster-Related Costs to FEMA to Obtain Eligibility


...agreed upon, Subrecipients may need to display how similar situations were addressed in the past, when there was no FEMA involvement.

Another issue that falls within the legal responsibility area is whether the repairs fall under the jurisdiction of other federal agencies (OFAs).

For certain types of facilities, disaster assistance is the responsibility of a federal agency other than FEMA. Public Assistance is not available for the permanent repair of such facilities and is limited in nature to emergency work. When a request is made for Public Assistance for a facility whose repair FEMA considers to be under the authority of another federal agency, the specific federal agency with responsibility will be asked to review the request and advise FEMA whether the work is eligible. If the work falls outside the statutory authority of that agency, FEMA may consider providing assistance for the work under the Stafford Act.

However, the other federal agency may determine the work is not eligible for assistance because:

If either of the above reasons applies, Public Assistance will not be available because the work falls under the authority of the other agency and the eligibility was determined under that agency’s regulations.

FEMA assistance generally is not available if another agency’s program can reimburse a Subrecipient for work done by that Subrecipient. Since some agencies must perform the work or get a contract for the work themselves, and are not authorized to reimburse a Subrecipient, a Subrecipient may find that the work it...

“If a building was under construction or was being significantly renovated, a contractor involved may have legal responsibility for the facility.”