Pursuant to 44 C.F.R. § 206.226(f), a facility is considered repairable when disaster damages do not exceed fifty percent of the cost of replacing a facility to its predisaster condition. If a damaged facility is not repairable approved restorative work may include replacement. 44 C.F.R. § 206.226(g) delegates authority to the Regional Administrator to approve funding and require restoration of a destroyed facility at a new location when certain requirements are met. Here, the Facility qualifies for repair and so is not eligible for permanent relocation.
FEMA Region II correctly denied the permanent relocation request for the Facility. FEMA appropriately determined that the Facility must qualify for replacement according to the fifty percent rule to qualify for permanent relocation. As such, the Applicant’s second appeal for permanent relocation funding is denied.
Stafford Act § 406(a)(1)(A), 42 U.S.C. § 5172. 44 C.F.R. §§ 206.226(f)-(g). RP9580.102, Permanent Relocation at 1. PA Guide at 7. City of Tallahassee, FEMA-1785-DR-FL at 2. Palo Cooperative Telephone Association, FEMA-1763-DR-IA, at 3. City of Valdosta, FEMA-1833-DR-GA, at 4.