If a facility was functioning prior to the disaster and the disaster caused damage that rendered the facility non-functional, the facility may be eligible, provided the predisaster condition was not a significant contributing factor in the cause of failure. The Facility became non-functional after the disaster destroyed the abutments and wings. The Applicant provided documentation demonstrating that the disaster caused damage that rendered the Facility non-functional, and that the Facility’s predisaster condition was not a significant contributing factor in the cause of failure.

The Applicant has demonstrated the work to replace the Facility was required as a result of the declared incident. Therefore, this appeal is partially granted. The Regional Administrator will take appropriate action to implement this determination, including, but not limited to, reviewing this project’s cost eligibility.

Stafford Act § 406(a)(1)(A). 44 C.F.R. § 206.223(a)(1). PAPPG, at 51-52, and 169. Memphis Light, Gas, and Water, FEMA-4594-DR-TN, at 3-4; Town of Goshen, FEMA-4624-DR-NH, at 4-5.