Per Stafford Act § 406, FEMA is authorized to provide Public Assistance funding to eligible applicants for the repair, restoration or replacement of facilities damaged or destroyed by disasters. Per 44 C.F.R. § 206.223(a)(1), to be eligible, work must be required as a result of the declared incident. PAPPG, at 83, provides that FEMA may consider damages to be a result of the declared incident when they are caused during the performance of eligible emergency response activity. The Applicant did not demonstrate that the damage was a result of the disaster, nor was it caused during the performance of an eligible emergency activity.
FEMA finds that the claimed damage was not a result of the declared incident and not caused during the performance of an eligible emergency activity. Therefore, this appeal is denied.
Stafford Act § 406. 44 C.F.R. § 206.223(a)(1). PAPPG at 19, 83