The Stafford Act grants FEMA discretionary authority to fund disaster-related projects. Per prior second appeal decisions, FEMA does not obligate funding for projects located on USACE property where the Applicant had notice of the flooding risk, and then assumed that risk.

The language in the lease provided the Applicant notice that the Facilities were at risk for flooding and that the Federal Government would not be responsible for any damages that may occur as a result. With such notice, the Applicant assumed the risk, thus, FEMA will not provide PA funding for repair and emergency work at the Facility.

Stafford Act § 406(a)(1)(A). City of San Bruno v. FEMA, 181 F. Supp. 1010, 1015-16 (N.D. Cal. 2001). Town of Trophy Club, FEMA-4223-DR-TX (Sept. 13, 2019); Harris Cty. PW 197, FEMA-4269-DR-TX (May 31, 2019); Harris Cty. Multiple PWs, FEMA-4269-DR-TX (May 31, 2019); City of Clarksville PWs 2826 and 5011, FEMA-1909-DR-TN (Dec. 18, 2015); White House Util. Dist., FEMA-1909-DR-TN (Aug. 15, 2013).