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Second Appeal Brief
PA ID# 181-U1PSG-00; Lakewood Benefited Recreational Lake District
PW ID# 10057; Applicant Eligibility
Citation: FEMA-1763-DR-IA, Lakewood Benefited Recreational Lake District, Applicant Eligibility, Project Worksheet (PW) 10057
Reference: General Eligibility; Legal Responsibility
Summary: The Lakewood Benefited Recreational Lake District (District) is a benefited recreational lake district located in Warren County, Iowa and was created pursuant to Iowa State Code as a taxing authority for the purpose of collecting tax revenues from Lakewood residents. During the period of May 28 through August 13, 2008, runoff from heavy rain and flooding carried large amounts of sand and silt into Lake Colchester. FEMA prepared PW 10057 for silt removal and hazard mitigation costs totaling $8,123,671. FEMA subsequently approved an additional $1,089,739 for hazard mitigation costs in PW 10057 v1 with total funding in the amount of $9,213,410. In July 2010, FEMA conducted an analysis of the District, an eligibility review of the District and the damaged facility, and a review of the Lakewood Village Association’s (Association) incorporation documents. The analysis determined that the District was not a public entity, did not have legal responsibility for Lake Colchester, and that neither the District nor the Association was an eligible applicant. FEMA prepared and processed PW 10057 v2 to deobligate $8,922,694 as the District had previously drawn $290,716 in funding. The District submitted a first appeal on October 4, 2010, requesting that FEMA reinstate the deobligated funds. The District stated that it was an eligible applicant and was legally responsible for Lake Colchester, and that FEMA’s decision was unfair because the District relied on FEMA funding to its detriment. In response to the first appeal, the FEMA Region VII Regional Administrator determined that the District was not a public entity, and stated that neither the District nor the Association were eligible applicants and as such did not meet the eligibility criteria for FEMA funding. The District submitted a second appeal May 9, 2011, which the Iowa Homeland Security and Emergency Management Division (State) forwarded to FEMA on July 6, 2011. The District reiterates that it is a public entity and is legally responsible for the damaged facility, and provides additional documentation to support the claim.
Issues: 1) Is the District a local government as defined in 42 U.S.C. § 5122(7) and 44 CFR § 206.2(a)(16)?
2) Did the District provide documentation that demonstrates that it is legally responsible for maintenance and repair of Lake Colchester?
Findings: 1) Yes.
Rationale: 42 U.S.C. § 5122(7) and 44 CFR § 206.2(a)(16) Definitions, General, Local government; 44 CFR § 206.223(a)(3), General work eligibility, General