A natural feature, which is both improved and maintained, may be eligible for public assistance funding under 44 C.F.R. §206.201(c). The Applicant did not demonstrate that it routinely maintained the creek. The maintenance must be done on a regular schedule and to standards to ensure the improvements performed as designed pursuant to the PA Guide The documentation shows irregular repair work, but no routine or scheduled work. The PA Guide also delineates that it is an applicant’s responsibility to show the damage claimed is a result of the disaster, rather than a lack of maintenance, in order to be eligible for repair. The documentation submitted on appeal demonstrates a lack of maintenance, including erosion and a failure to clean sediment and reshaping of the banks for years prior to the disaster.
: The Applicant did not provide documentation to demonstrate Badger Creek is both an improved and maintained natural feature. Therefore, it is ineligible for public assistance funding.
Stafford Act §406. 44 C.F.R. §206.201(c). PA Guide, at 22 and 33 (June 2007).