Improved Property/Natural Features – Immediate Threat

Immediate Threat

HEADNOTES

A natural feature may itself be an eligible facility if it is improved and maintained. Here the Applicant has not demonstrated that the embankments have a designed and constructed improvement to their natural characteristics. FEMA may approve PA funding for the restoration of the integral ground that supports an eligible facility damaged by the disaster. Here the Applicant has not demonstrated damage to an eligible facility (the utility lines) occurred as a result of the disaster. An immediate threat is a threat of additional damage or destruction from an incident that can reasonably be expected to occur within five years of the declared incident. Here the Applicant has not demonstrated that the work to prevent future erosion, not yet completed, is required to eliminate an immediate threat.

CONCLUSION

The Applicant did not demonstrate that the embankments are eligible facilities, or integral ground that supports an eligible facility damaged by the disaster, or that the work to restore the embankments is eligible as emergency work. Therefore, this appeal is denied.

AUTHORITIES

Stafford Act §§ 403(a), 406(a)(1)(A), 406(e)(1). 44 C.F.R. §§ 206.201(b), 206.206(a), 206.221(c), 206.223(a)(1), 206.225(a)(3), 206.226. PAPPG, at 51-52, 55-56, 97, 110, 176, 181, 196, 214. The University of Alabama, FEMA-4546-DR-AL, at 3; Paintsville Utilities, FEMA-4595-DR-KY, at 3-4.

44 C.F.R. §§ 206.201(b), 206.206(a), 206.221(c), 206.223(a)(1), 206.225(a)(3), 206.226
Improved Property/Natural Features – Immediate Threat