Result of Declared Incident – Improved Project

Disaster Causation

HEADNOTES

To be eligible for Public Assistance, work must be required as the result of the emergency or major disaster event. Damage that results from a cause other than the designated event is not eligible. The documentation provided by the Applicant does not demonstrate that there was additional disaster-related damage. FEMA may reimburse costs when an Applicant desires to make improvements, but still restores the predisaster function of a damaged facility. An applicant must obtain prior approval from the recipient for an improved project. If the Applicant wants to proceed with the additional proposed repairs, it needs to request an improved project designation from the Recipient.

CONCLUSION

The Applicant has neither demonstrated that the additional claimed components were required as a result of the declared incident, that the curb-to-curb street repair approach is more cost-effective, that it was underfunded for the lateral connections, nor that mobilization and demobilization should be paid as fixed-price costs. Therefore, this appeal is denied.[1]

AUTHORITIES

Stafford Act § 406(a)(1)(A). 44 C.F.R. §§ 206.223(a)(1), 206.203(d)(1). PA Guide, at 29, 33, 110-111.

44 C.F.R. §§ 206.223(a)(1), 206.203(d)(1)
Result of Declared Incident – Improved Project