Stafford Act § 403, as implemented by 44 § C.F.R. 206.224, authorizes FEMA to provide assistance to address immediate threats to life and property resulting from a major disaster; FEMA may reimburse eligible applicants for emergency debris removal from public and private lands and waters when removal is in the public interest. The Applicant has not demonstrated the presence of an immediate threat in other areas of the reservoir, including upstream and the reservoir as a whole. According to the PA Guide, funding to restore a reservoir to its predisaster capacity is contingent upon the Applicant’s ability to produce maintenance records or surveys to establish pre-event capacity and that the reservoir (i.e., facility) was actively used and maintained. The Applicant did not substantiate that it regularly clears out the reservoir or provide records to establish pre-event sediment levels.In addition, the information presented does not adequately delineate the amount of sediment that was deposited as a direct result of the event.Therefore, FEMA cannot approve funding to restore the reservoir. FEMA established a one day incident period for the event.Pursuant to 44 C.F.R. 206.223, all work must be shown to be a direct result of the event.According to the PA Guide, FEMA considers work to address damage that occurs after the close of an incident period but only if the applicant demonstrates that the work is directly tied to the event and not generated to correct inadequacies that existed pre-event.

: North Wilkesboro (Applicant) did not provide sufficient information to substantiate that sedimentation resulting from the disaster created immediate threats at other areas of the reservoir aside from the threats posed to the intake mechanism. In addition, the Applicant did not demonstrate compliance with requirements to maintain the reservoir or provide records necessary to establish pre-event sediment levels. Finally, the information presented does not adequately delineate the amount of sediment that was deposited as a direct result of the event.

Stafford Act §§ 403 and 406. 44 C.F.R. §§ 206.223 and 206.224. PA Guide, at 29-30; 82-83.