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Second Appeal Summary
PA ID# 213-25192-00; City of Forsyth
DSR ID# N/A; Shadowrock Park
Citation: FEMA-1412-DR-MO; City of Forsyth; No PW Drafted
Cross-reference: Ineligible Project
Summary: Following severe storms and flooding in April, May and June 2002, the City of Forsyth requested Public Assistance for damages sustained to Shadowrock Park. The State of Missouri Emergency Management Agency (the State) and FEMA determined that Shadowrock Park was not eligible for assistance and did not prepare a Project Worksheet when it was discovered that the land was leased from the U.S. Army Corps of Engineers (USACE), with an agreement to hold the United States Government harmless from any claims of damage or injury that occurred on the property. In July 2002, the City appealed FEMAs decision to deny Public Assistance funding for the repair of the Park. The City interpreted Paragraph 10 in the USACE lease agreement to mean that the U.S. Government would be held harmless from liability, not [as] a clause that denies Public Assistance for critical projects in this time of need. FEMA denied the first appeal in October 2002, based on the parks location outside the City limits and the USACE lease agreement. The City submitted a second appeal in October 2002, reiterating its claim that the request for assistance under Section 406 of the Stafford Act was not a claim of liability against the U.S. The State recommended that the second appeal be denied, as the City of Forsyth has not submitted any additional information to overturn the initial appeal decision.
Issues: Is Shadowrock Park eligible for Federal disaster assistance?
Findings: No. The Citys Lease Agreement with the U.S. Army Corps of Engineers explicitly precludes the Federal Government from providing assistance in specified situations.
Rationale: 44 CFR §206.223.