According to Stafford Act § 406(e)(2), If a facility is under construction at the time of the disaster, only costs that are the applicant’s responsibility, as specified in the contract, are eligible for reimbursement. FEMA finds that the claimed work, except repairs to an adjacent slough, was under the contractor’s responsibility at the time of the disaster and as such is not eligible for reimbursement as it was not the legal responsibility of the Applicant. Eligible natural features must be improved and maintained.44 C.F.R. § 206.201(c). The adjacent slough is an unimproved natural wetland.

: FEMA finds that at the time of the disaster the claimed work, except repairs to an adjacent slough, was the responsibility of a contractor, not the Applicant and therefore is not eligible for reimbursement. Repairs to the adjacent slough are ineligible because it is not an eligible facility.

Stafford Act §§ 312, 403, 406(e). 44 C.F.R. §§ 206.201(c), 206.223(a)(3). PA Guide, at 22, 28. City of Chi. v. FEMA, 660 F.3d 980 (7th Cir. 2013).