FEMA may provide PA funding to a local government for the repair of a public facility damaged by a major disaster. Local governments include community development districts. However, when a facility maintained by a Community Development District is not open to the general public and does not serve the general public, the facility is not eligible. Where a facility has only an indirect impact on or tenuous relationship with other critical facilities, it does not provide a service to the general public. The Applicant has not demonstrated that its stormwater retention ponds are open to and provide a service to the general public. Instead, FEMA finds the documentation shows the Ponds are not open to the general public and have only an indirect impact on the larger, regional stormwater system.

FEMA finds that the Applicant has not demonstrated that the Ponds provide a service to the general public and are open to the general public, so they are therefore ineligible for PA. As a result, this appeal is denied.

Stafford Act §§ 102, 406(a)(1)(A) 44 C.F.R. § 206.221(h) PAPPG, at 10, 15, 161 Second Appeal Analyses, Hammock Dunes Owners’ Association, Inc., Duxbury Beach Reservation, Inc., Village Center Community Development District, Sumter Landing Community Development District, and Belmont Lakes Community Development District.