According to 44 C.F.R. 13.30(d)(1) and the PA Guide; whenever there is a revision of the scope or the objectives of the project; the Applicant is required to notify FEMA prior to repairing or replacing the damaged element to ensure proper compliance reviews are conducted. The Applicant deviated from the SOW by moving the roadway 50 feet beyond what FEMA approved and installing a retaining wall on the sensitive site without obtaining approval from FEMA prior to the start of construction.Section 106 of NHPA requires FEMA to identify historic properties; evaluate the effects of a potential Public Assistance project on historic properties; and consult with the SHPO and other interested parties prior to the start of construction.Because the Applicant completed additional work without obtaining prior approval from FEMA; FEMA could not perform the necessary NHPA 106 reviews and consultations.Pursuant to 44 C.F.R. 13.43(a); FEMA may partially or wholly deobligate grant assistance funding if the Applicant materially fails to comply with the terms of the grant award.

PA Guide; at 127-128; 131 and 139-140.HeadnotesAccording to 44 C.F.R. § 13.30(d)(1) and the PA Guide; whenever there is a revision of the scope or the objectives of the project; the Applicant is required to notify FEMA prior to repairing or replacing the damaged element to ensure proper compliance reviews are conducted. The Applicant deviated from the SOW by moving the roadway 50 feet beyond what FEMA approved and installing a retaining wall on the sensitive site without obtaining approval from FEMA prior to the start of construction.Section 106 of NHPA requires FEMA to identify historic properties; evaluate the effects of a potential Public Assistance project on historic properties; and consult with the SHPO and other interested parties prior to the start of construction.Because the Applicant completed additional work without obtaining prior approval from FEMA; FEMA could not perform the necessary NHPA § 106 reviews and consultations.Pursuant to 44 C.F.R. § 13.43(a); FEMA may partially or wholly deobligate grant assistance funding if the Applicant materially fails to comply with the terms of the grant award.