Stafford Act § 406 authorizes FEMA to fund permanent work to repair an improved and maintained natural feature to its predisaster design. Pursuant to 44 C.F.R. § 206.226(a)(1), FEMA funding is not available when another federal agency has specific authority to restore a facility damaged by the disaster. 16 U.S.C. § 2203(a) authorizes the Secretary of Agriculture to undertake emergency measures necessary to protect lives and property from any natural occurrence that caused a sudden impairment to a watershed. 7 C.F.R. § 642.2 authorizes NRCS’s EWP to implement such emergency recovery measures. NRCS does not have specific authority to fund the restoration of the Applicant’s sediment basin. As such, FEMA may fund the work.
: The Department of Agriculture Natural Resources Conservation Service (NRCS), through its Emergency Watershed Protection Program (EWP), did not have authority to fund the permanent restoration of the City of Jacksonville’s (Applicant) sediment basin. FEMA may fund the project pursuant to Stafford Act § 406(a)(1)(A).
Stafford Act § 406(a)(1)(A). 16 U.S.C. § 2203(a). 7 C.F.R. § 624.6(b). 44 C.F.R. § 206.226. PA Guide, at 82. RP 9524.3, at 2.