In the case of a leased facility, FEMA reviews the lease agreement to determine legal responsibility for repair of damage caused by the incident. If the lease does not specify either party as responsible, FEMA considers the owner of the facility legally responsible for the costs to restore the facility. The lease is silent on responsibility for disaster-related damage repairs and therefore the Applicant, as the Facility’s owner, retains legal responsibility. To be eligible, work must be required as a result of the declared incident. The Applicant did not demonstrate that the repairs to its Facility, or work to elevate the track, were required a result of the declared incident.

The Applicant has demonstrated it is legally responsible for disaster-related repairs to the Facility, but in this case, it has not demonstrated the work requested is required as a result of the declared incident. Therefore, this appeal is denied.

Stafford Act §§ 403, 406(a) 44 C.F.R. §§ 203.223, 206.225, 206.226. PAPPG at 51-53, 63-64, 110. The Ethician Foundation, GMP 40361, FEMA-4332-DR-TX, at 2; Erie County, FEMA-1857-DR-NY, at 3.