Before the closeout of the disaster, the recipient must certify that projects were completed in accordance with the approved scope of work (SOW). The Applicant did not complete an approved SOW associated with PW 7991. FEMA is barred from deobligating payments made for a project to a state or local government if: (1) the payment was authorized by an approved agreement specifying the costs; (2) the costs were reasonable; and (3) the purpose of the grant was accomplished. Because the Applicant did not complete the approved SOW, the purpose of the grant was not accomplished, and FEMA is not barred from recovering obligated funds under Stafford Act section 705(c).
The Applicant has not demonstrated it completed the project’s approved SOW. In addition, FEMA properly deobligated funding and is not barred by Stafford Act section 705 from recovering the previously awarded funding. Therefore, this appeal is denied.
Stafford Act § 705(c). 44 C.F.R. §§ 13.43(a), 206.205. PA Guide, at 96 and 109. FP 205-081-2, at 4-5. Town of Surry, FEMA-4139-DR-NH, at 3