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Second Appeal Summary
PA ID# 085-68000; City of San Jose
DSR ID# 75900; McKean Road
Citation: FEMA-1155-DR-CA, P.A. 085-68000, City of San Jos?, DSR 75900
Cross Reference: Federal Highway Administration, Federal-aid road
Summary: Winter storms in January1997 caused a slide that covered McKean Road in the City of San Jos?. Damage Survey Report (DSR) 75900 was prepared on May 2, 1997, for $52,993 to cover the actual costs of force account labor, equipment, materials and contract work required to clear the slide and stabilize the hillside. The site was identified as a Federal-aid road, and therefore, potentially eligible for funding through the Emergency Relief (ER) program of the Federal Highway Administration (FHWA). On June 4, 1997, the DSR was suspended pending a decision on whether FHWA or FEMA would reimburse the City. The City applied for FHWA ER funding on October 27, 1997. CalTrans denied the City's request on November 6, 1997, because the City had missed the June 30, 1997, application deadline. On February 2, 1998, FEMA obligated DSR 75900 for $0 because the project was potentially eligible for FHWA ER funding. The City submitted its first appeal on July 7, 1998. It claimed that the work was necessary emergency work. On March 12, 1999, FEMA denied the appeal because the City had not acted diligently to obtain the appropriate funding from FHWA. The City submitted its second appeal on March 23, 1999. It cites pages 42 and 51 of the Public Assistance Guide (FEMA/286, February 1996), which states that FEMA may assist with debris clearance on Federal-aid roads for portions of roads that are not eligible for FHWA ER funding.
Issues: 1) Is debris removal from a Federal-aid road eligible for reimbursement from FEMA's Public Assistance program?
Findings: 1) Yes, FEMA may fund debris removal on Federal-aid roads on a case-by-case basis.
Rationale: 44 CFR 206.224(a)