FEMA is authorized to provide funding for repair of eligible facilities damaged or destroyed by a disaster. An eligible public facility is one that a State, Territorial, Tribal, or local government owns or has legal responsibility for maintaining, including public structures used for cultural purposes, such as historic properties, including archaeological sites included in the National Register of Historic Places (National Register). The Applicant provided documentation supporting its claim that the area under appeal is a structure within an archaeological site on the National Register for which the Applicant has responsibility. The structure is therefore an eligible public facility. Accordingly, the repair and restoration of the burial site is eligible for PA subject to applicable Federal environmental and historic preservation laws, their implementing regulations, and applicable Executive Orders.
FEMA finds that the Applicant has demonstrated that the damaged area is a public facility eligible for Public Assistance. Therefore, the appeal is granted.
Stafford Act §§ 102(10), 406(a)(1)(A). 16 U.S. Code § 470bb(1). 2 C.F.R. § 200.300. 44 C.F.R. § 206.221(h). PAPPG, at 8, 15, and 166.