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Second Appeal Summary
PA ID# 017-91020; Hager Slough Special Drainage District
DSR ID# 40076; Restoration of an Emergency Control Structure (levee)
Citation: FEMA-1112-DR-IL; Hager Slough Special Drainage District; DSR 40076
Cross Reference: Other Federal Agency, Emergency Work
Summary: An Emergency Control Structure (levee) located in the Hager Slough Special Drainage District was damaged during the declared event. Damage Survey Report (DSR) 40076 was prepared for the restoration of the damaged levee to its original cross-section. The DSR was denied because the repair of the levee is under the authority of the Natural Resources Conservation Service (NRCS). The NRCS determined that the project was ineligible for funding, because the District had already initiated the repairs. The Region reconsidered their position on two occasions, and on both occasions they concurred with their original determination that the repairs were ineligible for funding. The District appealed this determination. The Region submitted the appeal to the Executive Associate Director to be treated as a second appeal. The District stated in their appeal that the repairs were emergency in nature, and they are requesting that FEMA fund the levee restoration.
- Is the restoration of the levee eligible for FEMA funding?
- Could the project be eligible as Emergency Work?
- No. The restoration of the levee is under the authority of another Federal agency (NRCS).
- No. The work that was performed was above and beyond what was necessary to protect against a five-year storm event.
Rationale: FEMA funding is not available for work that another Federal agency (OFA) has the authority to fund. Funding for Emergency Work may be available if the OFA does not fund the work; however, emergency protective measures are eligible if they are necessary to eliminate or lessen immediate threats to life, public health or safety, or threats of significant additional damage to improved public or private property through measures which are cost effective. Eligible emergency work is limited to that which would provide protection from a five-year storm event.