City of Malibu, California

Of the $4 million in disaster costs we reviewed, the city generally expended and accounted for costs according to federal regulations and FEMA guidelines. However, the city’s claim for Project Worksheet (PW) 1509 included $12,881 in disaster costs that were the funding responsibility of the Federal Highway Administration (FHWA), under the Federal-Aid Highways Program. According to Title 44, Code of Federal Regulations, Section 206.226(a)(1), disaster assistance is not available under the Robert T. Stafford Disaster Relief and Emergency Assistance Act when another federal agency has specific authority to restore facilities damaged or destroyed by an event which is declared a major disaster. Further, FEMA’s Public Assistance Guide (FEMA 322, October 1999) says that funding of work under the authority of FHWA is specifically excluded from funding under FEMA’s Public Assistance Program.