44 C.F.R. § 13.30(d)(1) requires an applicant to obtain the prior approval of FEMA for any revision of the scope or objective of the project. The Applicant proceeded with, and completed, its revised SOW without prior approval from FEMA. FEMA must complete all necessary EHP reviews before an applicant starts work. When an applicant initiates or completes work on a project before FEMA is able to conduct the necessary EHP compliance review, the work generally is not eligible for PA funding. The Applicant initiated and completed work on the revised SOW before FEMA completed its EHP compliance review.

FEMA determines that the Applicant materially violated the terms and conditions of the grant and did not allow FEMA to perform its required EHP reviews prior to changing the SOW and constructing the new Facility (despite explicit caution from FEMA against doing so). Consequently, the project is ineligible for PA funding and the appeal is denied.

Stafford Act § 406. National Environmental Policy Act §§ 101-102. 44 C.F.R. §§ 9.11(d)(6), 13.30(d)(1), 13.43. PA Guide, at 127-128, 134-136, 140. Decatur Cnty. Secondary Rds., FEMA-4181-DR-IA, at 5. City of Milford, FEMA-4023-DR-CT, at 4-5. City of Sundance, FEMA-4007-DR-WY, at 5.