Under 44 C.F.R. § 13.30(d)(1), applicants must obtain the prior approval of the awarding agency whenever any revision of the scope or objectives of the project is anticipated. In addition, the PA Guide states that an applicant should notify the state as soon as possible when a change in the SOW is discovered so that the state can forward it to FEMA. As the Applicant changed the SOW from a temporary gravel road to a permanent paved road without notice to or prior approval from FEMA, the project is not eligible for Public Assistance (PA).

: Plymouth Township (Applicant) completed work beyond the scope of work (SOW) approved in Project Worksheet (PW) 5465 without notice to or prior approval from FEMA, thereby failing to afford FEMA the opportunity to comply with the National Environmental Policy Act (NEPA). Moreover, as the Applicant did not accomplish the purpose of the grant, FEMA is not prohibited by Section 705(c) of the Stafford Act from deobligating all previously awarded funding in the amount of $233,722.37.

Stafford Act §§ 403, 406(a), 705(c). 42 U.S.C. §§ 4331-4332. 44 C.F.R. §§ 13.30(d)(1), 13.43(a), 206.226. PA Guide, at 74, 128, 140. Office of Coastal Protection and Restoration, FEMA-4080-DR-LA, at 9 (Dec. 23, 2016); Town of Bennington, FEMA-4022-DR-VT, at 7 (Sept. 15, 2015). FEMA Environmental Policy Memo # 3 (May 3, 1996).