The Stafford Act § 406 allows funding for the repair of public roads damaged by a major disaster. The item of work must be required as a direct result of the major disaster and FEMA must determine the stability of the site where the damaged facility is located before it can approve funding to repair the facility and its integral ground. The Applicant did not provide documentation to show that either the slope instability or the retaining wall construction was directly tied to the performance of eligible disaster-related work or disaster-caused damage. Section 705(c) of the Stafford Act bars FEMA from recovering obligated funds 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. FEMA is not prohibited from deobligating funds for ineligible work because the Applicant did not draw down all obligated funds and therefore a payment was not authorized by an approved agreement.

The Applicant did not demonstrate that the slope instability was caused directly by the disaster event. As such, associated slope stabilization work, including construction of the retaining wall, is not eligible for PA funding. Further, FEMA is not barred by Stafford Act Section 705(c) from recovering funding. Therefore, the second appeal is denied, and the Region II RA is directed to deobligate $83,639.00 associated with ineligible work.

Stafford Act §§ 406, 705(c) 44 C.F.R. § 206.223. RP 9524.2 at 2, 4-5; RP FP-205-081-2, at 4-7; PA Guide, at 29-30, 33, 79-82, 100. Village of Waterford, FEMA-4020-DR-NY, at 4; Broward Cty. Sch. Bd. of Fla., FEMA-1609-DR-FL, at 3.