In order for a natural feature to qualify as an eligible facility, it must meet all of the following conditions: 1) the natural feature has a designed and constructed improvement to its natural characteristics; 2) the constructed improvement enhances the function of the unimproved natural feature; and 3) the applicant maintains the improvement on a regular schedule to ensure the improvement performs as designed. The Applicant has not demonstrated it maintained the embankment on a regular schedule. If an eligible public facility is located on a slope and is damaged as a result of a landslide or slope instability triggered by the incident, FEMA may approve PA funding for restoration of the integral ground that supports the facility. The Applicant has not demonstrated the parking lot, the eligible public facility, was damaged as a result a landslide or slope instability; therefore, funding for restoration of the integral ground, the embankment, is not eligible.
The Applicant has not established the embankment was an eligible facility (i.e., an improved and maintained natural feature). The Applicant has also not demonstrated the embankment was integral ground supporting an eligible public facility that was damaged by a landslide or slope instability triggered by the incident. As such, the Applicant’s claim for $233,033.42 in PA funding is denied.
Stafford Act § 406. 44 C.F.R. §§ 206.201(c), 206.206(a). PAPPG, at 14, 15, 128, and 133. Grand Strand Water & Sewer, FEMA-4286-DR-SC, at 3, City of Brenham, FEMA-4272-DR-TX, at 4.