In the case of a leased facility; FEMA reviews the lease agreement to determine legal responsibility for repair of damage caused by the incident. If the lease does not specify either party as responsible; FEMA considers the owner of the facility legally responsible for the costs to restore the facility.The lease is silent on responsibility for disaster-related damage repairs and therefore the Applicant; as the Facility owner; retains legal responsibility. To be eligible; work must be required as a result of the declared incident. The Applicant did not demonstrate that the repairs to its Facility; or work to elevate the track; were required a result of the declared incident.

HeadnotesIn the case of a leased facility; FEMA reviews the lease agreement to determine legal responsibility for repair of damage caused by the incident. If the lease does not specify either party as responsible; FEMA considers the owner of the facility legally responsible for the costs to restore the facility.The lease is silent on responsibility for disaster-related damage repairs and therefore the Applicant; as the Facility’s owner; retains legal responsibility. To be eligible; work must be required as a result of the declared incident. The Applicant did not demonstrate that the repairs to its Facility; or work to elevate the track; were required a result of the declared incident.Conclusion