Per 44 C.F.R. 206.225(a)(3) and the PAPPG; at 58; to be eligible for PA funding; emergency protective measures must: (1) eliminate or lessen immediate threats to lives; public health or safety; or (2) eliminate or lessen immediate threats of significant additional damage to improved public or private property through measures which are cost effective.The Applicant has established through its geotechnical engineering reports that the disaster created immediate threats at each location to lives; public health and safety; and improved property; and the retaining walls were the most cost-effective protective option.Per the PAPPG; at 16; a natural feature may be an eligible facility if it meets all the following conditions: (1) the natural feature has a designed and constructed improvement to its natural characteristics; such as a terraced slope or realigned channel; (2) the constructed improvement enhances the function of the unimproved natural feature; and; (3) the applicant maintains the improvement on a regular schedule to ensure that the improvement performs as designed. The Applicant supplemental geotechnical engineering report addresses the first prong; but the administrative record does not contain documentation establishing the second and third conditions. Therefore; the upslope hillsides are not eligible facilities.Per the PAPPG; at 129; if an eligible facility is located on a slope and is damaged as a result of a landslide or slope instability triggered by the incident; FEMA may approve PA funding for restoration of integral ground that supports the facility. The disaster did not cause damages to an eligible facility located on either slope.

HeadnotesPer 44 C.F.R. § 206.225(a)(3) and the PAPPG; at 58; to be eligible for PA funding; emergency protective measures must: (1) eliminate or lessen immediate threats to lives; public health or safety; or (2) eliminate or lessen immediate threats of significant additional damage to improved public or private property through measures which are cost effective.The Applicant has established through its geotechnical engineering reports that the disaster created immediate threats at each location to lives; public health and safety; and improved property; and the retaining walls were the most cost-effective protective option.Per the PAPPG; at 16; a natural feature may be an eligible facility if it meets all the following conditions: (1) the natural feature has a designed and constructed improvement to its natural characteristics; such as a terraced slope or realigned channel; (2) the constructed improvement enhances the function of the unimproved natural feature; and; (3) the applicant maintains the improvement on a regular schedule to ensure that the improvement performs as designed. The Applicant’s supplemental geotechnical engineering report addresses the first prong; but the administrative record does not contain documentation establishing the second and third conditions. Therefore; the upslope hillsides are not eligible facilities.Per the PAPPG; at 129; if an eligible facility is located on a slope and is damaged as a result of a landslide or slope instability triggered by the incident; FEMA may approve PA funding for restoration of integral ground that supports the facility. The disaster did not cause damages to an eligible facility located on either slope.