FEMA cannot provide assistance for disaster-related losses that duplicate benefits available to an applicant from another source, including insurance. The Applicant documented that its insurance claim was denied for the costs under PW 1109, therefore by providing funding FEMA will not be duplicating funds. Pursuant to Stafford Act § 406, FEMA may fund the cost of repairing or replacing an eligible facility on the basis of the design, function, and capacity of the facility as it existed prior to the disaster. The Applicant’s new pump for PW 1121, Site 10 altered the capacity, design, and function of the predisaster pump and was therefore ineligible. For PW 1121, FEMA finds that the Applicant’s costs for pump rentals and the replacement of pump motors were a direct result of the event and not covered by insurance and are therefore eligible
For PW 1109, the Applicant showed that its insurance claim for the requested costs was denied. Therefore, the Applicant did not receive funds from another source and $1,392.52 is eligible. For PW 1121, the Applicant showed that the pump rentals and pump motor was caused as a direct result of the disaster and are eligible for PA funding in the amount of $26,077.46. However, the costs for the new pump and its installation were not included in the PW’s SOW and did not match the capacity, design, and function of the predisaster pump, as such these costs, in the amount of $56,463.17, are ineligible. Ultimately, the appeal is partially granted, and FEMA will award a total of $27,469.98.
Stafford Act § 406. PAPPG, at 39 (Jan. 1, 2016). 44 C.F.R. §§ 13.30, 204.62, 206.206, 206.223. Chambers Cty. FEMA-1791-DR-TX, at 7 (May 26, 2017); City of Sweetwater, FEMA-1345-DR-FL, at 3 (Aug. 15, 2017).