Result of Declared Incident – Repair vs. Replacement

Disaster Causation

HEADNOTES

The Stafford Act authorizes FEMA to provide PA funding for facilities damaged or destroyed by disasters. It is the Applicant’s responsibility to demonstrate that damage was caused directly by the declared incident, and where preexisting damage exists, to distinguish that damage from disaster-related damage. The Applicant has not demonstrated additional repairs are required as a result of the disaster. A facility is considered repairable when disaster damages do not exceed 50 percent of the cost of replacing the facility to its predisaster condition. Using estimates which only include eligible work, the cost to repair the Facility does not exceed 50 percent of the replacement cost.

CONCLUSION

The Applicant has not demonstrated the additional repair work, mitigation work, or replacement of the Facility are eligible for PA funding. Therefore, this appeal is denied.

AUTHORITIES

Stafford Act § 406(a)(1)(A). 44 C.F.R. § 206.223(a)(1), 206.226(f). PAPPG, at 19, 100-101, 133. Conway Hosp., FEMA-4394-DR-SC, at 3.

44 C.F.R. § 206.223(a)(1), 206.226(f)
Result of Declared Incident – Repair vs. Replacement