Under Stafford Act § 406, implemented by 44 C.F.R. § 206.226, FEMA may reimburse eligible applicants for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster on the basis of the facility’s design as it existed immediately prior to the disaster. However, 44 C.F.R. § 206.226(d) provides that work which does not restore a facility to its predisaster condition may still be eligible for Public Assistance (PA) if the work is required by current applicable codes, specifications, and standards.

: Essex County (Applicant) timely submitted a request to change the scope of work (SOW) in Project Worksheet (PW) 4059 and demonstrated one of its requested work proposals will restore the culvert and road (Facility) to its predisaster condition. Accordingly, the appeal is partially granted.

Stafford Act § 406. 44 C.F.R. §§ 206.206, 206.226. PA Guide, at 4, 34, 71, 74, 79-80, 124, 139-140. Village of Waterford, FEMA-4020-DR-NY, at 4 (Sept. 4, 2014), San Diego Co., FEMA-1952-DR-CA, at 3 (Mar. 25, 2013), City of Petaluma, FEMA-1628-DR-CA, at 4 (Aug. 13, 2012). DAP 9527.4, at 3, 6 (Feb. 5, 2008).