Stafford Act § 406(a)(1)(A) authorizes FEMA to fund the repair or restoration of a public facility damaged or destroyed by a major disaster.Sections 406(e)(1) and206.226 provide that eligible costs of restoring a public facility shall be based on the design of the facility immediately before the disaster. DAP 9524.3 states that FEMA may fund repairs of water control facilities not otherwise eligible for funding from USACE and NRCS.The PA Guide further states that work to restore water control facilities may be eligible for funding.However, per 44 C.F.R. § 206.223(a) and the PA Guide, such work must be required as a result of the major disaster. The predisaster inspection reports show that the concrete walls were damaged prior to the disaster.As such, the Applicant failed to establish disaster-related damage eligible for PA funding. The damage appears to have been caused by deferred maintenance, as documented in the 2011 NYSDEC Visual Observations Report.

: The Grantee did not file its appeal within the 60-day regulatory timeframe as required by 44 C.F.R. § 206.206(c). Timeliness aside, the Applicant has not established that damages to the Westbrook #2 Dam (facility) concrete wall and spillway identified in predisaster inspection reports were a direct result of the declared disaster.

Stafford Act §§ 406(a)(1)(A) & (e)(1). 44 C.F.R. §§ 206.206(c), 206.223(a), 206.226. Disaster Assistance Policy (DAP) 9524.3, Rehabilitation Assistance for Levees and other Flood Control Works, (2009). Public Assistance (PA) Guide, at 33; 82.