Public Interest
Appeal Brief
| Disaster | 4663 |
| Applicant | University of Kentucky |
| Appeal Type | Second |
| PA ID# | 000-USV4L-00 |
| PW ID# | GMP 693547/PW 2127 |
| Date Signed | 2025-07-30T12:00:00 |
From July 26 to August 11, 2022, severe storms, flooding, landslides, and mudslides affected areas throughout Kentucky. The University of Kentucky (Applicant) requested Public Assistance (PA) funding for removing debris from the Applicant’s Robinson Forest. The Applicant also stated it removed downed trees to eliminate immediate threats to life, public health, and safety as a direct result of the disaster. FEMA prepared Grants Manager Project (GMP) 693547 to document work and $34,400.04. FEMA issued a Determination Memorandum finding the debris was located on unimproved property and, as a result, the debris removal was ineligible as it did not address an immediate threat. The Applicant filed a first appeal, asserting that (1) the presence of structures in Robinson Forest demonstrated Robinson Forest was improved property; (2) the Applicant was legally responsible to remove the debris; and (3) the debris removal work was necessary to eliminate immediate threats to life, public health, and safety. The FEMA Region 4 Regional Administrator denied the Applicant’s first appeal in a letter dated February 28, 2025. FEMA found that the debris removal work did not eliminate an immediate threat to lives, public health and safety and, accordingly, was not eligible for PA. The Applicant filed a second appeal, reiterating first appeal arguments. The Applicant asserts FEMA’s denial was inconsistent with its funding of a separate debris removal project at the same locations.
Authorities
- Stafford Act § 407(a).
- 44 C.F.R. §§ 206.206(a), 206.224(a).
- PAPPG, at 51-52, 63-64, 99, 100-101.
- Univ. of Ky., FEMA-4663-DR-KY, at 3; York (Town of), FEMA-4367-DR-ME, at 3; City of Pembroke Pines, FEMA-4673-DR-FL, at 2; Washington Cnty., Montgomery Cnty., FEMA-4618-DR-PA, at 3.
Headnotes
- FEMA is authorized to provide PA funding for debris removal as long as it is in the public interest such as removal necessary to eliminate immediate threats to life, public health, and safety or to eliminate immediate threats of significant damage to improved property.
- The Applicant has not demonstrated that the debris removal is in the public interest, nor that it undertook the removal to eliminate an immediate threat.
Conclusion
FEMA finds the claimed debris removal work was not in the public interest because the debris removal did not eliminate an immediate threat. Therefore, this appeal is denied.
Appeal Letter
Eric D. Gibson Director Kentucky Emergency Management 100 Minuteman Parkway Building 100 Frankfort, Kentucky 40601-6168 | Laurel Wood Director, Business Continuity University of Kentucky 107 Main Building Lexington, Kentucky 40506-0032
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| Re: | Second Appeal – University of Kentucky, PA ID: 000-USV4L-00, FEMA-4663-DR-KY, Grants Manager Project (GMP) 693547/Project Worksheet (PW) 2127, Public Interest |
Dear Eric Gibson and Laurel Wood:
This is in response to the May 12 letter from the Kentucky Emergency Management’s office, which forwarded the referenced second appeal on behalf of the University of Kentucky (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $34,400.04 for debris removal.
As explained in the enclosed analysis, I have determined that the claimed debris removal work was not in the public interest because the debris removal did not eliminate an immediate threat. Accordingly, I am denying this appeal. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206.
Sincerely,
/S/
Robert M. Pesapane
Director, Public Assistance
Enclosure
cc: Robert Ashe
Acting Regional Administrator
FEMA Region 4
Appeal Analysis
Background
During the incident period of July 26, 2022, to August 11, 2022, severe storms, flooding, landslides, and mudslides caused damage in the state of Kentucky.[1] The University of Kentucky (Applicant), a state university, requested Public Assistance (PA) for debris removal from the school’s Robinson Forest (Robinson Forest), used for research and education, as well as from its Robinson Center for Appalachian Resource Sustainability facility, located within Robinson Forest. The Applicant claimed staff labor and equipment costs for debris removal between two areas of the Robinson Forest campus, totaling $34,400.04.[2] The Applicant completed the work between August 8, 2022, through September 6, 2022. FEMA prepared Grants Manager Project (GMP) 693547 and documented the Applicant’s claimed work and costs for removing vegetative debris, including downed trees, from Robinson Forest.
On October 21, 2024, FEMA issued a Determination Memorandum, finding the project was ineligible because the debris was located on natural, unimproved property and, as such, its removal did not address an immediate threat.
First Appeal
On December 18, 2024, the Applicant submitted its first appeal, stating that it owns the Robinson Forest, an untouched, isolated living laboratory with minimal maintenance to limit human interference and to provide research opportunities and public service. The Applicant stated that it maintained improvements on the property on a regular schedule to ensure that the improvements performed as designed, and therefore the area was not natural, unimproved land. The Applicant stated that the debris removal eliminated an immediate threat as it was necessary to return the research infrastructure back to working order, ensure staff safety, and reduce additional flooding and environmental concerns for the community. Kentucky Emergency Management (Recipient) transmitted the appeal in a letter dated January 3, 2025, expressing its support.
The FEMA Region 4 Regional Administrator denied the Applicant’s first appeal in a letter dated February 28, 2025. FEMA found that because the Applicant had not provided documentation demonstrating that the property where it performed the debris removal work was improved or maintained, the debris removal work and associated cost were not eligible for PA reimbursement. FEMA also found the Applicant had not provided documentation indicating that it performed the debris removal work to eliminate an immediate threat to lives, public health or safety. FEMA also noted that, for the debris removal at issue under this appeal, the Applicant did not provide photographs of debris or substantiate the debris quantities claimed through debris tickets or other documents.[3]
Second Appeal
The Applicant submitted its second appeal in a letter dated April 29, 2025, reiterating its first appeal arguments. In addition, the Applicant asserts it is only seeking PA for debris removal from the improved property. The Applicant also asserts that the debris blocked access to critical facilities, including research labs and housing; obstructed culverts and drainage, increasing risk of erosion and road washout; threatened riverbank stability; and interfered with the Robinson Center’s ability to fulfill its public mission during an active disaster recovery period. With its appeal, the Applicant provided undated photographs of the locations of improved property and a site map for the Robinson Forest camp. Finally, the Applicant states that FEMA previously approved $23,912.40 for removal of vegetative and aggregate debris from the Robinson Center.[4] The Applicant asserts FEMA’s obligation of a separate debris removal project for the Robinson Center under the same declaration supports its request for reimbursement under this project.[5] The Recipient forwarded the Applicant’s appeal in a letter dated May 12, 2025, with its support.
Discussion
FEMA may provide PA funding for debris removal activities that are in the public interest, such as removal that is necessary to eliminate immediate threats: (1) to lives, public health, and safety; or (2) of significant damage to improved public or private property.[6] Immediate threat is the threat of additional damage or destruction from an incident that can reasonably be expected to occur within five years of the declared incident.[7] Removal of debris from improved public property is eligible.[8] Eligible vegetative debris may include tree limbs, branches, stumps, or trees that are still in place, but damaged to the extent they pose an immediate threat.[9] If the debris is in a natural area and does not extend over improved property or public-use areas, vegetative debris removal is not eligible.[10] An applicant needs to provide documentation detailing debris types and quantities, location of debris, and basis of the immediate threat determination.[11]It is the applicant’s responsibility to provide documentation to substantiate its claim as eligible and to clearly explain how those records support the appeal.[12]
Here, the Applicant provided work and equipment logs, labor and equipment summaries that list some general locations from which debris was removed, and site maps and aerial photographs that show the location of existing buildings in the Robinson Forest. However, the documents in the record do not verify where the debris was located or how the debris posed an immediate threat to lives, public health and safety or a threat of significant damage to improved property in Robinson Forest. For example, although the administrative record contains individual staff members’ general descriptions of debris removal locations such as a research field, cabins, and a boarding house, there is no documentation of the coordinates of the debris or the immediate threats in those areas.[13] Additionally, although the Applicant has stated the debris removal was necessary to address an immediate threat to Robinson Forest Camp staff, it has not provided documentation showing the relationship between the debris and the Robinson Forest Camp and an immediate threat to the staff.
The Applicant also asserted that the debris created a threat of additional flooding, riverbank erosion, and damage that threatens the Robinson Forest infrastructure. However, the Applicant’s documentation does not substantiate this assertion (hydraulic models or documented damages to improved property) as it does not identify threats the debris posed to its infrastructure nor does it demonstrate the threat of additional damage or destruction from an incident that can reasonably be expected to occur within five years of the declared incident. The Applicant’s general assertions, without more specific documentation, does not substantiate that the threat of additional damage was reasonably expected to occur within five years of the disaster.[14]
Conclusion
The Applicant has not demonstrated that the claimed debris removal work was in the public interest because the debris removal did not eliminate an immediate threat. Therefore, this appeal is denied.
[1] The President declared a disaster, FEMA-4663-DR-KY, on July 29, 2022.
[2] The Applicant’s request includes $29,808.46 for debris removal throughout Robinson Forest and the Robinson Center for Appalachian Resource Sustainability facility, located within Robinson Forest, and $4,591.58 in staff labor and equipment to remove 5.5 cubic yards of debris.
[3] FEMA’s First Appeal Response consolidated the appeal at issue with the Applicant’s two other appeals for separate projects under a different disaster, FEMA-DR-4711-KY. The incident period for FEMA-DR-4711-DR-KY took place from February 15 to February 20, 2023, nearly six months after the disaster at issue in the current appeal. That disaster also involved flooding, landslides, and mudslides from severe storms. Although the consolidated administrative record includes site inspection documentation, photographs of the claimed debris locations and documentation to support debris removal quantities, those records do not apply to the appeal at issue in this decision but rather to FEMA-DR-4711-KY, the later disaster and corresponding projects.
[4] See FEMA Grants Manager Project (GMP) 690773, Determination Memorandum PRJ-33507 at 4 (Sept. 13, 2024). That project involved debris removal from a waterway where FEMA concluded that debris located adjacent to a stream posed an immediate threat to the area. The project included substantial documentation to demonstrate partial eligibility, including firmettes, site inspection documentation, a maintenance letter, and quantities and locations of debris that FEMA verified. FEMA partially granted the project for $23,912.40 but denied $212,624.10 for the portion of the debris where it concluded debris removal was not in the public interest as the forest is an unimproved natural area and the work was not eligible for PA funding. See FEMA Second Appeal Analysis, Univ. of Ky., FEMA-4663-DR-KY, at 3 (July 1, 2025).
[5] On this matter, FEMA notes that each project is evaluated on a case-by-case basis. Eligibility decisions in separate projects, if made in error, have no impact on the eligibility of funding discussed in the present appeal. See FEMA Second Appeal Analysis, York (Town of), FEMA-4367-DR-ME, at 3 n.12 (Aug. 18, 2020).
[6]Robert T. Stafford Disaster Relief and Emergency Assistance Act § 407(a), Title 42 United States Code § 5173(a) (2018); Title 44 of the Code of Federal Regulations (C.F.R.) § 206.224(a) (2021); Public Assistance Program and Policy Guide, FP 104-009-2, at 99 (June 1, 2020) [hereinafter PAPPG].
[7] 44 C.F.R. § 206.221(c); PAPPG, at 97.
[8] PAPPG, at 99.
[9] Id. at 101.
[10] Id.
[11] Id. at 100.
[12] See 44 C.F.R. § 206.206(a); PAPPG, at 63-64; FEMA Second Appeal Analysis, City of Pembroke Pines, FEMA-4673-DR-FL, at 2 (Nov. 25, 2024).
[13] The undated photographs and site map the Applicant provided on second appeal appear to relate to a Damage Inventory number not at issue in the current appeal, and the Applicant does not explain how they substantiate the Applicant’s claim that the debris removal was required to eliminate an immediate threat.
[14] See Washington Cnty., FEMA-4399, at 5; see also FEMA Second Appeal Analysis, Montgomery Cnty., FEMA-4618-DR-PA, at 3 (Mar. 4, 2025) (finding that the Applicant’s general assertions, without more specific documentation, did not substantiate that the debris removal on appeal was necessary to eliminate immediate threats).