Stafford Act § 406 and implementing regulations authorize FEMA to provide assistance for the repair, restoration, reconstruction or replacement of facilities damaged by a major disaster. In order to be eligible for PA funding, an item of work must be required as a result of a major disaster. The PAPPG states the Applicant must demonstrate that damage was caused directly by the declared incident. FEMA does not provide PA funding for repair of damage caused by deterioration, deferred maintenance, or the Applicant’s failure to take measures to protect a facility from further damage. The Applicant did not demonstrate the damage claimed was caused directly by the declared incident. Upon request, the Applicant was unable to document the condition of the Facility prior to the disaster to distinguish disaster related damage from pre-existing deficiencies which the Applicant did not repair prior to the disaster.

The Applicant has not demonstrated the claimed damages were a direct result of the disaster, but were instead the result of pre-existing deficiencies which the Applicant did not repair prior to the disaster. As such, the appeal is denied.

Stafford Act § 406(a)(1)(A). 44 C.F.R. § 206.223(a). PAPPG, at 19-20, 116. Village of Waterford, FEMA-4020-DR-NY, at 2-3; City of Brenham, FEMA-4272-DR-TX, at 4.