To be eligible for PA funding, work must be the legal responsibility of the applicant requesting assistance. To determine legal responsibility for permanent work, FEMA evaluates whether the applicant claiming the costs had legal responsibility for disaster-related restoration of the facility at the time of the incident based on ownership and the terms of any written agreements. The transfer of assets directed by LL 240 was not complete at the time of the disaster. Therefore, legal responsibility is not established based on ownership of the Facility. The Applicant has not provided documentation enabling FEMA to determine whether the Applicant was legally responsible for repair costs under the terms of the lease agreement, and did not provide other written agreements that establish it was legally responsible for the disaster repairs.

FEMA finds that the Applicant has not demonstrated it had legal responsibility for the requested repairs at the time of the disaster. Therefore, this appeal is denied.

Stafford Act § 406(a)(1)(A), 42 U.S.C. § 5172(a)(1)(A). 44 C.F.R. § 206.223(a)(3). PAPPG, at 52-53.