FEMA may provide PA funding for emergency protective measures that eliminate or lessen immediate threats: (1) to lives, public health, or safety; or (2) of significant additional damage to improved public or private property in a cost-effective manner. The Applicant has not demonstrated the existence of an immediate threat resulting from the disaster to lives, public health or safety, or improved property as it relates to the Jail or parking lot. FEMA may provide funding for the repair of a public facility damaged by a major disaster that is the legal responsibility of the applicant requesting assistance. Although the deed for the parking lot was in a different name than that of the Applicant at the time of the disaster, FEMA determines the other entity was a component, or department, under the Applicant. As such, the Applicant owned the parking lot at the time of the disaster and had legal responsibility to repair the parking lot at the time of the declared incident. If an eligible facility located on a slope is damaged as a result of a landslide or slope instability triggered by the declared incident, restoration of the integral ground may also be eligible. The Applicant has demonstrated that the parking lot was damaged as a result of the slope instability (i.e., embankment erosion) triggered by the disaster, and that a portion of the disaster-damaged embankment was integral ground that supported the parking lot.

The Applicant has not demonstrated its requested work constituted eligible emergency protective measures. Conversely though, the Applicant has demonstrated that: (1) it had legal responsibility for the eligible facility, the parking lot, at the time of the disaster; (2) slope instability triggered by the declared incident damaged the parking lot; and (3) work to repair the parking lot and restore the integral ground that supports the parking lot is eligible. The eligible work for slope stabilization approved through this appeal is limited to only that ground which is integral to stabilize the parking lot.

Stafford Act §§ 403(a)(3) and 406(a)(1)(A). 44 C.F.R. §§ 206.206(a), 206.221(c) and (h),, 206.223(a), and 206.225(a)(3). PAPPG, at 14-15, 19, 20, 42-43, 57, 128, and 133. West Turin (Town of), FEMA-4472-DR-NY, at 3.