FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated January 26, 2015, which transmitted the referenced second appeal on behalf of the City of Clarksville (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $9,833.72 in Public Assistance (PA) funding for debris removal work and repair of a boat dock at Trice Landing Park because the park is located within United States Army Corps of Engineers (USACE) flowage easement boundaries. As explained in the enclosed analysis, I have determined that, while the facilities are subject to a USACE flowage easement and associated lease agreement, the terms of the lease agreement at issue do not hold harmless the Federal Government for damage caused by natural flooding. As such, the existence of the lease agreement does not demonstrate the Applicant had knowingly assumed the risk for natural flooding and, consequently, does not justify denying eligibility. Therefore, the appeal is granted. By copy of this letter, I am requesting the Regional Administrator take appropriate action to implement this determination. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.