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Second Appeal Brief
PA ID# 055-UNOCB-00; Combined Lake Delhi Recreational Facility and Water District
PW ID# N/A; Request for Public Assistance
Citation: FEMA-1763-DR-IA, Combined Lake Delhi Recreational Facility and Water District (District), Request for Public Assistance (RPA)
Reference: Request for Public Assistance (RPA)
Summary: Heavy rain and severe flooding deposited silt, sediment and debris in Lake Delhi. The District submitted a Request for Public Assistance (RPA) to apply for reimbursement for sediment removal costs. FEMA denied the District’s request because the District was neither an eligible applicant nor legally responsible for the facility. The Regional Administrator upheld that decision on first appeal. In a second appeal letter dated May 6, 2011, the District submitted documentation in support of the claim that it is a public entity and is legally responsible for the damaged facility. The Lake Delhi Recreation Association, Inc. (Association) owns. The Association is a private nonprofit recreational association and an eligible applicant under the Public Assistance program. In order to be eligible for Public Assistance, the District must be determined to meet the definition of “local government” under the Stafford Act and FEMA’s regulations. In addition, the District must establish that it has legal responsibility to perform the work in question.
Issues: 1. Is the District a local governmentas defined in 42 U.S.C. § 5122(7) and 44 CFR § 206.2(a)(16)?
2. Is the District legally responsible for the repair of the damaged facility?
Findings: 1. Yes
Rationale: 42 U.S.C. § 5122(7) and 44 CFR § 206.2(a)(16) Definitions, Local government; 44 CFR § 206.223(a)(3), General work eligibility, General.