Stafford Act 406 and implementing regulations authorize funding to restore a damaged facility based on its design as it existed immediately prior to the disaster. Per FEMA policy; eligible permanent work is work that is required to restore a damaged facility to its predisaster design; function; and capacity. The PW is the basis for funding and documents the design of the damaged facility in addition to the eligible damage; SOW; and costs. The SOW must include a description of any work that will restore the facility beyond its predisaster design; including improvements and code-driven upgrades. Per 44 C.F.R. 13.30(d)(1); an applicant must also obtain the awarding agency approval whenever any revision to the scope or objectives of the project is anticipated.The Applicant exceeded the approved SOW and costs by constructing an unapproved; improved project.

Stafford Act § 406.44 C.F.R. §§ 13.30(d)(1); 13.43(a)(2); 206.201(k); 206.203(d)(1); 206.206(a); 206.226.PA Guide; at 33-35; 79; 96; 101; 111; 139-140.DAP 9527.4; at 2; 6. Pulaski Cty.; FEMA 4144-DR-MO; at 6; Dep’t of Transp.; FEMA-4068-DR-FL; at 4-5; Essex Cty.; FEMA-4020-DR-NY; at 4-5; Roseau Cty. Hwy. Dep’t; FEMA-1288-DR-MN; at 7. HeadnotesStafford Act § 406 and implementing regulations authorize funding to restore a damaged facility based on its design as it existed immediately prior to the disaster. Per FEMA policy; eligible permanent work is work that is required to restore a damaged facility to its predisaster design; function; and capacity. The PW is the basis for funding and documents the design of the damaged facility in addition to the eligible damage; SOW; and costs. The SOW must include a description of any work that will restore the facility beyond its predisaster design; including improvements and code-driven upgrades. Per 44 C.F.R. § 13.30(d)(1); an applicant must also obtain the awarding agency’s approval whenever any revision to the scope or objectives of the project is anticipated.The Applicant exceeded the approved SOW and costs by constructing an unapproved; improved project.