Result of Declared Incident

Disaster Causation

HEADNOTES

Per 44 C.F.R. § 206.223(a)(1) and the PAPPG, at 19, and 133, the applicant is responsible for showing that work is required to address damage caused by the declared incident, as it is difficult to distinguish between pre-existing damage and damage caused by the declared incident. Additionally, the PAPPG, at 117, provides that work to restore engineered channels may be eligible, but only if the applicant provides documentation to establish the pre-disaster capacity of the facility, and that the applicant maintains the facility on a regular schedule. The Applicant has not distinguished between pre-existing damage and damage caused by the incident, nor established the predisaster capacity of the Facilities or the performance of maintenance on a regular schedule. Thus, the Applicant did not demonstrate that the requested work is required as the result of the declared incident.

CONCLUSION

The Applicant has not demonstrated that the requested work to repair the Facilities was required as a result of the declared incident. Therefore, this appeal is denied.

AUTHORITIES

Stafford Act § 406(a)(1)(A). 44 C.F.R. § 206.223(a)(1). PAPPG, at 19, 117, and 133-35. Nodaway (County), FEMA-4451-DR-MO, at 2-3; El Paso County, FEMA-4229-DR-CO, at 8; Grand Strand Water & Sewer, FEMA-4286-DR-SC, at 3.

44 C.F.R. § 206.223(a)(1)
Result of Declared Incident