Under Stafford Act 406; implemented by 44 C.F.R. 206.226; FEMA may reimburse eligible applicants for the repair; restoration; reconstruction; or replacement of a public facility damaged or destroyed by a major disaster on the basis of the facility design as it existed immediately prior to the disaster. However; 44 C.F.R. 206.226(d) provides that work which does not restore a facility to its predisaster condition may still be eligible for Public Assistance (PA) if the work is required by current applicable codes; specifications; and standards.The Applicant submitted documentation demonstrating the work and associated costs contained in the first proposal restores the Facility to its predisaster condition because it involves keeping the same type of culvert that existed predisaster and returning the road to a two-lane roadway. As such; this work is eligible for PA. In contrast; the Applicant did not submit documentation demonstrating the remaining proposals; which involve modifying the predisaster design of the culvert; are required by codes; specifications; or standards.

PA Guide; at 4; 34; 71; 74; 79-80; 124; 139-140.Village of Waterford; FEMA-4020-DR-NY; at 4 (Sept. 4; 2014); San Diego Co.; FEMA-1952-DR-CA; at 3 (Mar. 25; 2013); City of Petaluma; FEMA-1628-DR-CA; at 4 (Aug. 13; 2012).DAP 9527.4; at 3; 6 (Feb. 5; 2008).HeadnotesUnder Stafford Act § 406; implemented by 44 C.F.R. § 206.226; FEMA may reimburse eligible applicants for the repair; restoration; reconstruction; or replacement of a public facility damaged or destroyed by a major disaster on the basis of the facility’s design as it existed immediately prior to the disaster. However; 44 C.F.R. § 206.226(d) provides that work which does not restore a facility to its predisaster condition may still be eligible for Public Assistance (PA) if the work is required by current applicable codes; specifications; and standards.The Applicant submitted documentation demonstrating the work and associated costs contained in the first proposal restores the Facility to its predisaster condition because it involves keeping the same type of culvert that existed predisaster and returning the road to a two-lane roadway. As such; this work is eligible for PA. In contrast; the Applicant did not submit documentation demonstrating the remaining proposals; which involve modifying the predisaster design of the culvert; are required by codes; specifications; or standards.