Per 44 C.F.R. 206.226; FEMA may provide funding to restore an eligible facility on the basis of the design of that facility as it existed immediately prior to the disaster. The PAPPG states FEMA reviews maintenance records or documentation establishing the Subrecipient had a routine maintenance program (such as invoices) to verify predisaster conditions and assess eligible disaster damages.Annual road work expenditures and repair invoices show predisaster repair work; including work performed at several of the sites on appeal.Therefore; the Subrecipient demonstrated routine predisaster maintenance.Per 44 C.F.R. 206.223(a)(1); an item of work must be required as a direct result of a major disaster to be eligible for PA funding.The determination that the Subrecipient demonstrated predisaster maintenance; coupled with detailed damage descriptions and photographs taken by FEMA project specialist during site inspections; allow FEMA to conclude the damage to sites 5; 6; 8; 9; 10; and 12 were a direct result of the disaster. The PAPPG states work to correct pre-disaster inadequacies; or damage caused by inadequate maintenance; is ineligible. The Subrecipient failed to demonstrate that Sites 3; 4; and 11 were maintained prior to the disaster and that the damage claimed directly resulted from the disaster.

HeadnotesPer 44 C.F.R. § 206.226; FEMA may provide funding to restore an eligible facility on the basis of the design of that facility as it existed immediately prior to the disaster. The PAPPG states FEMA reviews maintenance records or documentation establishing the Subrecipient had a routine maintenance program (such as invoices) to verify predisaster conditions and assess eligible disaster damages.Annual road work expenditures and repair invoices show predisaster repair work; including work performed at several of the sites on appeal.Therefore; the Subrecipient demonstrated routine predisaster maintenance.Per 44 C.F.R. § 206.223(a)(1); an item of work must be required as a direct result of a major disaster to be eligible for PA funding.The determination that the Subrecipient demonstrated predisaster maintenance; coupled with detailed damage descriptions and photographs taken by FEMA’s project specialist during site inspections; allow FEMA to conclude the damage to sites 5; 6; 8; 9; 10; and 12 were a direct result of the disaster. The PAPPG states work to correct pre-disaster inadequacies; or damage caused by inadequate maintenance; is ineligible. The Subrecipient failed to demonstrate that Sites 3; 4; and 11 were maintained prior to the disaster and that the damage claimed directly resulted from the disaster.