Per 44 C.F.R. 206.226(a)(1); generally; disaster assistance will not be made available under the Stafford Act when another Federal agency has specific authority to restore facilities damaged by a disaster. The PAPPG; at 116; provides that the FHWA has authority to restore public roads under the ER Program. Federal-aid routes are not eligible for permanent work even if the ER Program is not activated or if the program is activated but FHWA does not provide funding for the work. In Town of York; FEMA found that a facility was not eligible for PA even if FHWA did not provide assistance; so there will be times when no assistance is available for the repair of some facilities.The spoil islands are in the FHWA right of way so FDOT has specific authority to restore them. Even though FHWA has not provided funding for the work through the ER Program; the work is not eligible for PA.

PAPPG; at 21; 116.Second Appeal Analysis; Town of York; FEMA-4367-DR-ME; at 4. HeadnotesPer 44 C.F.R. § 206.226(a)(1); generally; disaster assistance will not be made available under the Stafford Act when another Federal agency has specific authority to restore facilities damaged by a disaster. The PAPPG; at 116; provides that the FHWA has authority to restore public roads under the ER Program. Federal-aid routes are not eligible for permanent work even if the ER Program is not activated or if the program is activated but FHWA does not provide funding for the work. In Town of York; FEMA found that a facility was not eligible for PA even if FHWA did not provide assistance; so there will be times when no assistance is available for the repair of some facilities.The spoil islands are in the FHWA right of way so FDOT has specific authority to restore them. Even though FHWA has not provided funding for the work through the ER Program; the work is not eligible for PA.