Minds → Wildfire & Emergency Management → What work is eligible for FEMA public assistance funding? Answer in under 100 words. Cite only eCFR sources.
US FederalWhat work is eligible for FEMA public assistance funding? Answer in under 100 words. Cite only eCFR sources.
Under 44 CFR § 206.223, an item of work is eligible for FEMA Public Assistance if it (1) is required as the result of a Presidentially-declared emergency or major disaster, (2) is located within the designated disaster area—except that sheltering and evacuation activities may be located outside it—and (3) is the legal responsibility of an eligible applicant as defined in § 206.222. Private nonprofit facilities must be owned and operated by a qualifying private nonprofit organization, and public entity facilities apply through the State or a political subdivision. No assistance is provided for damages caused by the applicant's own negligence.
Last verified: 2026-08-26 · Sources checked: 1/1 resolving · Next scheduled review: 2026-11-24
How it works
To receive funding through the FEMA Public Assistance program under the Stafford Act, an item of work must meet all three general conditions of § 206.223(a):
- Disaster-required – the work must be required as the result of the emergency or major disaster event declared by the President.
- Located in the designated area – the work must be within the geographical area specified in the Presidential declaration, except sheltering and evacuation activities, which may occur outside the designated area.
- Legal responsibility – the work must be the legal responsibility of an eligible applicant, as defined in § 206.222.
Eligible facility types
| Facility type | Additional requirement |
|---|---|
| Private nonprofit facilities | Must be owned and operated by an organization meeting the private nonprofit definition in § 206.221(f) |
| Public entity facilities (state agencies, local governments, tribal governments) | Application submitted through the State or a political subdivision of the State |
| Facilities serving a rural community/unincorporated town or village | If not owned by an eligible applicant, must be owned by a private nonprofit organization and provide an essential governmental service to the general public; applications go through a State or political subdivision |
Exceptions & edge cases
- Sheltering and evacuation activities are an explicit exception to the designated-area requirement.
- Negligence: No assistance is provided for damages caused by the applicant's own negligence. If a third party's negligence causes the damage, assistance may be provided, but it is conditioned on the applicant agreeing to cooperate with FEMA in cost recovery action against the negligent party.
Sources
- [1]U.S. National Archives, Electronic Code of Federal Regulations — 44 CFR 206.223 — General work eligibility · as of 2026-08-26
Ask this MIND
This answer is static and source-locked. Ask Wildfire & Emergency Management your version of this question.
Related questions
This is general information, not advice. Wildfire & Emergency Management summarizes primary sources (FEMA, State Emergency Management Agencies) as of the dates shown. It is not tax/legal/immigration advice and doesn’t account for your situation. Consult a qualified professional before acting. About this MIND
This page is one mind’s knowledge, published.
MIND turns your documents into a queryable, citable knowledge graph.
Make your own MIND →Content licensed CC BY 4.0 · Attribution: "Source: MIND (m-i-n-d.ai)" · License terms