Under 44 C.F.R. § 206.226(k)(2) and FEMA’s implementing policy, facilities that were not in active use at the start of the incident period are ineligible except in those instances where: 1) the facilities were only temporarily inoperative for repairs or remodeling; 2) the applicant firmly established future active use in an approved budget; or 3) the applicant can clearly demonstrate its intent to begin use within a reasonable time. It is the applicant’s responsibility to substantiate the eligibility of each item claimed. To that end, the applicant must provide documentation that is sufficiently detailed to support each claim. The Applicant provided documentation for 42 Facilities demonstrating active use or the intent to begin use within a reasonable time. The Applicant failed to provide documentation demonstrating active use or the intent to begin use within a reasonable time for the remaining 107 Facilities.

FEMA finds that, of the 149 Facilities, two were leased and in active use, and the Applicant demonstrated intent to use 40 Facilities within a reasonable time. However, the Applicant has not shown, with supporting documentation, that the remaining Facilities were active at the time of the disaster, or that it met one of the exceptions set forth in 44 C.F.R. § 206.226(k)(2). Therefore, FEMA denies the appeal.

Stafford Act § 406. 44 C.F.R. § 206.226(k)(2). PAPPG, at 18, 133.