Eligible facilities include improved and maintained natural features. If an eligible facility is located on a slope and is damaged as a result of slope instability triggered by the incident, FEMA may approve PA funding to restore the integral ground that supports the facility. The Applicant has not demonstrated regular maintenance of the embankment, and did not claim damage to the Facility resulting from slope instability caused by the disaster. Proceeding with permanent work before FEMA completes EHP reviews jeopardizes PA funding for the project. On second appeal, the Applicant acknowledges that work began before FEMA could complete an EHP compliance review for the proposed SOW change. If an applicant fails to comply with a post-award term or condition of the award, section 705(c) does not apply, and FEMA may take action to recover payments. The Applicant did not accomplish the purpose of the grant; therefore, section 705(c) does not apply and FEMA was not prohibited from recouping PA funding for the project.

The Applicant did not demonstrate that the embankment is itself an eligible facility, and did not establish damage to the Facility resulting from slope instability caused by the disaster. Therefore, work to stabilize the embankment is not eligible for PA funding. Furthermore, the Applicant did not provide FEMA with the opportunity to complete an EHP review of the proposed SOW change prior to beginning work. Finally, section 705(c) of the Stafford Act does not prohibit FEMA from recouping previously obligated funding for the project.

Stafford Act §§ 406(a)(1)(A), 705(c), 42 U.S.C. §§ 5172(a)(1)(A), 5205(c). 44 C.F.R. §§ 206.201(c), 206.223(a)(1). PAPPG, at 7, 14-15, 19, 82, 121, 130-131. FP 205-081-2, at 4-5. Boyd Cnty., FEMA-4595-DR-KY, at 3.