According to the PAPPG, property owners’ associations with facilities such as roads and recreational facilities are ineligible, except facilities that can be classified as utilities or emergency facilities. The PAPPG classifies irrigation facilities as utilities. 44 C.F.R. § 206.221(e)(3) defines irrigation facilities as eligible PNP facilities if they provide water for essential services of a governmental nature to the general public, including drinking water supply. The Applicant is a PNP that does not own or operate a Facility that provides a critical utility service.

FEMA finds the Applicant, a PNP, does not own or operate a Facility that provides a critical service such as a utility or emergency facility, and is therefore not eligible for PA funding. The appeal is denied.

Stafford Act § 406. 44 C.F.R. §§ 206.221(e), 206.222(b). Public Assistance Program and Policy Guide, FP 104-009-2, V3.1 (PAPPG), at 12, 14, 123.