FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated July 10, 2014, which transmitted the referenced second appeal on behalf of the City of Clarksville (Applicant). The Applicant appealed a total of seven PWs; the remaining PWs will be addressed in separate determination letters. Regarding PWs 827, 3979, 4163, and 5004, the Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $393,033.32 in Public Assistance (PA) funding for the repair and restoration of the Clarksville Police Department Shooting Range Building and McGregor Park. As explained in the enclosed analysis, I have determined that, while the facilities are subject to the U.S. Army Corps of Engineers (USACE) flowage easements, the terms of the legal instruments at issue do not hold harmless the Federal government for damage caused by natural flooding. As such, the existence of the legal instruments does not demonstrate the Applicant had knowingly assumed the risk for natural flooding and, consequently, does not justify denying eligibility. Therefore, the appeal is granted. By copy of this letter, I am requesting the Regional Administrator take appropriate action to implement this determination. Please inform the Applicant of my decision. This determination is the final Agency decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.