The Stafford Act states that when FEMA provides an applicant assistance for permanent work to replace, restore, repair, reconstruct, or construct a facility, the applicant must insure that facility against future loss. In addition, no applicant may receive assistance for a facility for which the applicant has previously received assistance unless all required insurance has been obtained and maintained with respect to the facility. Here, FEMA provided assistance to the Applicant in April of 2017; however, the Applicant did not insure its Facility against future flood damage at that time. At the time of Hurricane Florence, after the Applicant had received assistance for the repair of the Facility in a previous disaster, it had not obtained and maintained the required insurance.

The Applicant was required to O&M flood insurance for the Facility when it received Public Assistance for PW 400 in April 2017. Because the Applicant did not comply with the O&M requirement, its Facility is ineligible for Public Assistance. Therefore, the appeal is denied.

Stafford Act § 311. 44 C.F.R. §§ 206.251- 206.253. PAPPG, at 86-87. Public Assistance Policy on Insurance, at 2-3, 7.