TO:  All LSC Program Directors All LSC Program Directors 

FROM: Ronald S. Flagg, President

DATE: April 9, 2025

SUBJ: Use of LSC Basic Field Funds for Disaster or Crisis Needs in Other Service Areas

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This program letter provides information regarding the ability of an LSC grant recipient to use LSC basic field funds awarded for one service area to provide services related to a disaster or other crisis affecting another service area.

Summary

A disaster or other crisis could increase the legal needs of a client-eligible population or decrease the resources available to address that need. Subject to all other LSC requirements, in these circumstances LSC grant recipients may use LSC basic field funds awarded for one service area to provide “surge support” for other service areas. These are temporary, need-based exceptions to the standard practice for LSC basic field grants. Normally, grant recipients must use LSC basic field funds consistent with their local priorities based on the needs of the client-eligible population in the service area identified in their basic field grant. 45 C.F.R. Part 1620—Priorities in Use of Resources.

Each grant recipient must track separately costs charged to these funds for surge support to a different service area (similar to tracking costs for separate funding such as an LSC disaster grant).

Additionally, LSC grant recipients may use LSC basic field funds to provide services to LSC-eligible people who have temporarily relocated into or out of the grant recipient’s service area due to a disaster or other crisis.

Background

LSC awards basic field grants to support the provision of legal services in specific geographic service areas designated by LSC. See: <https://www.lsc.gov/grants/basic-field-grant/lsc-service-areas>. LSC awards funds based on U.S. Census data for the poverty populations in those areas. Pub. L. 104-134, § 501(a), 110 Stat. 1321, 1321-51 (April 26, 1996). LSC also requires grant recipients to establish and follow priorities for the use of LSC and non‑LSC funds based on an appraisal of the needs of the client-eligible population in the geographic area where the grant recipient provides services. 45 C.F.R. Part 1620—Priorities in Use of Resources.

LSC provides these grants as part of the Congressional mandate for LSC to provide financial support for legal assistance in civil legal matters for persons financially unable to afford legal assistance throughout the United States, U.S. territories, and the former U.S. trust territories in the Pacific. 42 U.S.C. §§ 2996a & 2996b. As circumstances change, especially when disasters or other crises occur, the legal needs of the client-eligible community and the available resources can change regardless of service area boundaries. LSC grant recipients form a national network of legal services providers that can respond together to situations like natural disasters or other crises. LSC considers that type of mutual support for addressing the crisis needs of client-eligible populations an appropriate use of basic field funds.

Support and Services Involving other Service Areas

LSC has been asked about the following situations involving disaster-related legal services and support by grant recipients for other service areas. In all these situations, all other LSC requirements apply.

Surge Support for Other Service Areas

LSC grant recipients may use LSC basic field funds awarded for one service area to provide “surge support” for a different service area experiencing a disaster or other crisis. The following list provides a non-exhaustive set of examples.

• Providing intake services or assistance with intake.
• Providing staff and attorneys for disaster clinics.
• Loaning staff or resources.
• Accepting clients from the other service area directly or by referral.

Each grant recipient must track separately costs charged to their basic field grant for surge support for any service area beyond the scope of that grant (similar to tracking costs for separate funding such as an LSC disaster grant).  LSC can use that data for reporting to Congress on delivery of services, the magnitude of disaster-related legal needs, and demonstrating the need for additional disaster-relief funding.  Additionally, LSC can sometimes provide grants to reimburse a grant recipient for already-incurred disaster-related costs with clear documentation of the expenses, the disaster, and the year. 

Serving People Temporarily Dislocated from One Service Area to Another

LSC grant recipients may use LSC basic field funds for one service area to provide services to LSC-eligible people who have temporarily relocated into or out of that service area due to a disaster or other crisis.

LSC basic field grants include providing services for client-eligible people temporarily living in the service area for the grant or temporarily relocating out of that service area and planning to return. The grant recipient should document the person’s current living situation in and connection to the service area using the same procedures as normal for documenting a residential address. This approach applies even if the person does not have a regular address (e.g., they are staying at a motel, couch surfing, sometimes staying over the border outside of the service area, etc.).

For example: A hurricane destroys a family’s home in Adams County served by LSC grant recipient Adams Area Legal Services (AALS). The family starts staying with friends and/or relatives in Baker County until they can find a new place to live or move back to their home in Adams County. LSC grant recipient Legal Aid of Baker Region (LABR) provides services in Baker County.

• LABR may provide LSC basic field services to the family based on their current residency in Baker County.
• AALS may provide LSC basic field services to the family based on their ongoing connections to Adams County (such as intending to return to their home).

Questions

For questions about LSC basic field grants or disaster assistance, please contact the LSC program counsel for your state or LSCDisasterGrants@lsc.gov.

For questions about LSC requirements and regulations, please contact LSC General Counsel Will A. Gunn at gunnw@lsc.gov.