To be eligible for funding, work must be the legal responsibility of the applicant requesting assistance and the applicant must provide proof that it owns or is otherwise legally responsible for the repairs at the time of the incident. FEMA evaluates ownership and legal responsibility based on the terms of any written agreements, including deeds, title documents, and local government tax records. The Applicant has provided a road deed, official inscription drawings, notated site drawings, sworn statements, and site inspection photographs supporting its legal responsibility claim. When viewed collectively, the record substantiates the Applicant’s claim of legal responsibility for the brick wall located within the property transferred by deed prior to the disaster on February 11, 2016.

The Applicant has demonstrated that it had legal responsibility for repairing disaster-related damage to the brick retaining wall at the time of the disaster. Therefore, this second appeal is granted. FEMA Region 2 will review the project on its merits to determine whether the work and/or costs are eligible.

Stafford Act §§ 102(10), 403(a)(1)(A). 44 C.F.R. §§ 206.221(h), 206.223(a)(3). PAPPG, at 15, 19-21.