The Stafford Act grants FEMA discretionary authority to fund disaster-related projects.Per prior second appeal decisions; FEMA does not obligate funding for projects located on USACE property where the Applicant had notice of the flooding risk; and then assumed that risk.The language in the lease provided the Applicant notice that the Facility was at risk for flooding and that the Federal Government would not be held responsible for any damages that may occur as a result. With such notice; the Applicant assumed the risk; thus; FEMA will not provide PA funding for the Facility.

HeadnotesThe Stafford Act grants FEMA discretionary authority to fund disaster-related projects.Per prior second appeal decisions; FEMA does not obligate funding for projects located on USACE property where the Applicant had notice of the flooding risk; and then assumed that risk.ConclusionThe language in the lease provided the Applicant notice that the Facility was at risk for flooding and that the Federal Government would not be held responsible for any damages that may occur as a result. With such notice; the Applicant assumed the risk; thus; FEMA will not provide PA funding for the Facility.