FEMA is authorized to provide PA funding for emergency protective measures performed prior to a declared event, if they are necessary to eliminate or lessen an immediate threat. In the initial eligibility determinations, and on first appeal, FEMA found that the 7-day period preceding the incident period was reasonable for the performance of eligible emergency protective measures. On second appeal, FEMA assessed the circumstances surrounding the work at issue, and affirms the previous eligibility decisions in this regard.

The period of 7 days immediately preceding the incident period was reasonable for the performance of eligible emergency protective measures under PWs 28, 32, and 34. The appeal is denied.

Stafford Act §§ 403(a); 424. 44 C.F.R. §§ 206.32(f); 206.225(a)(1). PAPPG, at 43-44, 58.