Lesson 2 Overview and Objectives

This lesson provides an overview of the entities who may apply for Public Assistance Program grants and what laws and various documents govern their ability to do so.

Upon completion of this lesson, participants will be able to:

  • Identify the Applicants eligible to receive Public Assistance Program grants.
Overview of Eligible Applicants

FEMA provides assistance to eligible Applicants, but must first determine whether an Applicant may be eligible before evaluating the Applicant's claim.

Eligible Applicants include:

  • State and Territorial Governments
  • Tribal Governments
  • Local Governments
  • Certain private nonprofit organizations
Components of Eligibility Pyramid. From top to bottom: Cost, work, facility, and applicant. Applicant is highlighted.
Eligible Applicants: State and Territorial Governments

State and Territorial governments are Applicants who may be eligible to receive Public Assistance.

Examples of generally eligible State and Territorial government Applicants are:

  • District of Columbia
  • American Samoa
  • The Commonwealth of the Northern Mariana Islands
  • Guam
  • Puerto Rico
  • U.S. Virgin Islands
  • All 50 States
Eligible Applicants: Tribal Governments

Federally recognized Tribal Governments and organizations (also referred to as Tribal Governments) are generally eligible Applicants.

  • An example of a Tribal Government that may be eligible to receive Public Assistance is Alaska Native villages
  • Note that Alaska Native Corporations are not eligible to receive Public Assistance because they are "for profit"
FEMA Federal Coordinating Officer meets the Cahuilla Tribal Chairman for the signing of the FEMA-Tribal Agreement.
Eligible Applicants: Local Governments (1 of 2)

The following Local governments are examples of Applicants that may be eligible to receive Public Assistance:

  • 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

Additionally, 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.

Eligible Applicants: Local Governments (2 of 2)

Additional local government applicants that may be eligible for Public Assistance include Community Development Districts. These 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.

Eligible Applicants: Private Nonprofit Organizations (1 of 4)

To be an eligible private nonprofit Applicant, the private nonprofit organization must show that it has either:

  • 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
Pyramid: Applicant, Facility, Services (highlighted), Work, Cost. To be eligible, a PNP must own or operate a facility that provides an eligible service.
Eligible Applicants: Private Nonprofit Organizations (2 of 4)

Prior to determining the eligibility of the private nonprofit organization, FEMA must first determine whether the organization owns or operates an eligible facility.

For private nonprofit organizations, an eligible facility is one that provides a critical service, such as:

  • Education
  • Utility
  • Emergency
  • Medical

Provides a non-critical, but essential, social service and is open to the general public, for example:

  • Child care
  • Assisted living
  • Health and safety services
  • Food assistance programs
  • Alcohol and drug treatment
  • Senior citizen projects
Eligible Applicants: Private Nonprofit Organizations (3 of 4)

For a private nonprofit organization facility to meet the requirement of being open to the public, the facility must satisfy all of the following conditions:

  • 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
    • An unreasonably restrictive geographical area, such as a neighborhood within a community
  • Access is not prohibited with gates or other security systems
  • Membership fees meet all of 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
    • Do not exceed what is appropriate based on other facilities used for similar services
Eligible Applicants: Private Nonprofit Organizations (4 of 4)

In cases where the facility provides multiple services, such as a community center, or House of Worship, 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 generally not eligible.

Locating Applicant Eligibility in the Public Assistance Program and Policy Guide

To find the "Applicant Eligibility" section of the Guide, either select the "Applicant Eligibility" title in the "Table of Contents" or use the "Ctrl-F" function on the keyboard to type in "Applicant Eligibility" and then search.

PAPPG with "Applicant Eligibility" in the search field showing results of the search in the Public Assistance Program and Policy Guide
Lesson 2 Summary

This lesson provided an overview of the entities who may apply for Public Assistance Program grants and what laws and various documents govern their ability to do so. Participants should now be able to identify the Applicants eligible to receive Public Assistance Program grants.

The next lesson discusses eligibility requirements for public and private nonprofit facilities.