Regarding facilities located within USACE flowage easement boundaries; FEMA reviews the terms of the legal instrument to determine eligibility. If the terms do not specify that the Federal Government is not liable for action by the USACE or any other cause; PA funding may be available.Here; the lease agreement only holds the Federal Government harmless for action by the USACE; not natural flooding. Damage to the Applicant Park and Dock was caused by Disaster 1909; a natural flood.

PA Guide; at 23.White House Utility District; FEMA-1909-DR-TN (Aug. 15; 2013).City of Clarksville; FEMA-1909-DR-TN (Oct. 23; 2015).HeadnotesRegarding facilities located within USACE flowage easement boundaries; FEMA reviews the terms of the legal instrument to determine eligibility. If the terms do not specify that the Federal Government is not liable for action by the USACE or any other cause; PA funding may be available.Here; the lease agreement only holds the Federal Government harmless for action by the USACE; not natural flooding. Damage to the Applicant’s Park and Dock was caused by Disaster 1909; a natural flood.