A natural feature may be an eligible facility if: 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 that the improvement performs as designed. The Applicant has not provided documentation to demonstrate that it has maintained the embankment on a regular schedule to ensure that the improvement performs as designed.

FEMA finds that the Applicant has not demonstrated that the embankment is an eligible facility or that the Applicant was legally responsible for the work to repair it. FEMA also finds that it was not barred by Section 705(c) of the Stafford Act from deobligating $32,884.72 in previously drawn down funds. Therefore, this appeal is denied.

Stafford Act §§ 406(a), 705(c). 44 C.F.R. §§ 206.201(c), 206.223(a). Jefferson City, 4451-DR-MO, at 4. Monroe Cnty. Eng’r, GMP 100455, FEMA-4424-DR-OH, at 2. PAPPG, at 20. Recovery Policy FP-205-081-2.