Hazard Mitigation, Legal Responsibility, Result of Declared Incident

Disaster Causation

HEADNOTES

44 C.F.R.§206.223 - General work, states that to be eligible for financial assistance, and the work must be required as the result of the emergency or major disaster event and be the legal responsibility of an eligible applicant. In this case, part of the work for the Site 20 culverts was not associated with the disaster and the Applicant did not prove that it had legal responsibility for three of the areas for Site 20.

CONCLUSION

The Applicant has not demonstrated that work to repair Sites 14 and 20 is required as a result of the disaster and, in the case of Site 20, that it is legally responsible for all of the work. As such, HM costs associated with these Sites are also not eligible for PA funding. Therefore, this appeal is denied.

AUTHORITIES

Stafford Act § 406(e). 44 C.F.R. Part 9; §§ 206.223(a), 206.226(e). PA Guide (2007), at 29, 101, 125, 136. Ulster Cty. Dep’t of Pub. Works, FEMA-4220-DR-NY, at 3.

44 C.F.R. Part 9; §§ 206.223(a), 206.226(e)
Hazard Mitigation, Legal Responsibility, Result of Declared Incident