The Stafford Act authorizes FEMA to provide federal assistance to restore a facility on the basis of the design of the facility as it existed immediately before the major disaster.The Applicant reliance on the 1982 design baseline depth of 10 feet fails to establish the depth of the pond prior to the 2019 disaster.Under 44 C.F.R. 206.223(a); for work to be eligible; it must be required as the result of a declared disaster. The applicant is responsible for showing that work is required to address damage caused by the declared incident.The Applicant fails to provide documentation establishing the amount of pond siltation or depth conditions attributable to the disaster.

HeadnotesThe Stafford Act authorizes FEMA to provide federal assistance to restore a facility on the basis of the design of the facility as it existed immediately before the major disaster.The Applicant’s reliance on the 1982 design’s baseline depth of 10 feet fails to establish the depth of the pond prior to the 2019 disaster.Under 44 C.F.R. § 206.223(a); for work to be eligible; it must be required as the result of a declared disaster. The applicant is responsible for showing that work is required to address damage caused by the declared incident.The Applicant fails to provide documentation establishing the amount of pond siltation or depth conditions attributable to the disaster.Conclusion