An applicant must provide documentation to support its claim as eligible and show that costs are directly tied to the performance of eligible work. The Applicant has not provided documentation that supports the claimed costs or else has not explained how the available documentation supports the claimed costs. An applicant is not liable for reimbursement or any other penalty for any payment made pursuant to the Stafford Act if the payment was authorized in the approved agreement specifying the costs, the costs were reasonable, and the purpose of the grant was accomplished. Typically, whether the purpose of the grant was accomplished will be determined during the project closeout process. Prior to determining whether Section 705(c) applies, FEMA will adjust and correct project funding based on properly supported actual costs for the approved and completed scope of work. For ­­PWs 6405, 3783, 6477, and 8398, FEMA finds that all three criteria of Section 705(c) were met. Therefore, Section 705(c) prohibits FEMA from recovering payments. For its remaining projects, because the Applicant has not provided documentation to support the claimed costs, it has not demonstrated that it accomplished the purpose of the grant.

FEMA finds that the Applicant has not provided documentation that supports the costs in dispute. However, FEMA is reinstating $126,246.11 of funding under PW 6405, $282,264.00 of funding under PW 3783, $288,034.23 of funding under PW 6477, and $204,594.00 of funding under PW 8398 because Section 705(c) of the Stafford Act prohibits FEMA from recovering the funds.

Stafford Act §§ 312, 403, 407, 705(c). 44 C.F.R. §§ 13.42(b), 206.204(c)(1)-(2); 206.204(d), 206.205(a), 206.223(a)(1), 206.224(a), 206.228(a)(1). PA Guide, at 27, 35, 37, 45, 83, 94, 113-114. Debris Management Guide, at 30. FP 205-081-2, at 4-6. Brevard (County), FEMA-4337-DR-FL, at 3, Dep’t of Transp., FEMA-4068-DR-FL, at 5, and City of Sweetwater, FEMA-1345-DR-FL, at 3.