FEMA Public Assistance (PA) funding is generally not available when another federal agency has specific authority to restore the same disaster damaged or destroyed facility. If the facility is under the specific authority of another agency; FEMA does not provide assistance to restore the facility even if that federal agency does not provide funding to restore the facility or does not fund certain elements of the repair work.The USACE constructed the Facility; the Facility is under USACE authority and it participated in USACE Rehabilitation Inspection Program at the time of the disaster. The post-disaster Cooperation Agreement states that the USACE would repair the Facility pursuant to its statutory authority. Although the agreement also states that the Applicant would remain responsible for providing borrow material; FEMA does not provide assistance for a facility under the specific authority of another agency; even if that federal agency does not provide full funding to restore the facility.FEMA finds that the Facility is not eligible for PA funding because another federal agency has specific authority to perform the Facility repairs.

HeadnotesFEMA Public Assistance (PA) funding is generally not available when another federal agency has specific authority to restore the same disaster damaged or destroyed facility. If the facility is under the specific authority of another agency; FEMA does not provide assistance to restore the facility even if that federal agency does not provide funding to restore the facility or does not fund certain elements of the repair work.The USACE constructed the Facility; the Facility is under USACE authority and it participated in USACE Rehabilitation Inspection Program at the time of the disaster. The post-disaster Cooperation Agreement states that the USACE would repair the Facility pursuant to its statutory authority. Although the agreement also states that the Applicant would remain responsible for providing borrow material; FEMA does not provide assistance for a facility under the specific authority of another agency; even if that federal agency does not provide full funding to restore the facility.ConclusionFEMA finds that the Facility is not eligible for PA funding because another federal agency has specific authority to perform the Facility repairs.