Facts: Following the winter storms of 1995, FEMA prepared DSR 20271 for $52,974 for removal of 133 CY of debris that accumulated in Basin E at Marina Del Rey. Upon review, FEMA determined that the facility was within the authority of the U.S. Army Corps of Engineers (USACE), and reduced DSR 20271 to $0. The State transmitted the first appeal on June 24, 1996, requesting reinstatement of full funding under DSR 20271 based on section 403 of the Stafford Act, and submitted supporting documentation to demonstrate that the facility is not under the jurisdiction of USACE. The Regional Director acknowledged that the subgrantee was legally responsible for maintenance of the facility. However, she denied the appeal pursuant to 44 CFR 206.224(a)(1)&(2) and determined that the debris removal was not in the public interest. On July 28, 1997, the State forwarded the second appeal, contending that the debris removal is an eligible expense because it is in the public interest and an aid to the economic recovery of the public and private sectors pursuant to 44 CFR 206.224(a)(2)&(3). FEMA's current policy on marina permits funding for removal of disaster-related debris deposition if the subgrantee can demonstrate that the facility is maintained and if pre- and post-disaster levels of sedimentation can be determined.
Did the subgrantee demonstrate that the facility was maintained?
Were pre- and post-disaster levels of sedimentation determined?
Yes. The 1994 survey and the bid proposal to clean out the sediments confirm maintenance of the facility prior to the disaster.
Yes. A first survey in April 1994 indicated that 303 CY of debris had accumulated prior to the disaster, and a second survey in June 1995 revealed that a total of 436 CY of debris was deposited. Therefore, the disaster-related debris is 133 CY.
Rationale: According to 44 CFR 206.223(a)(1), removal of 133 CY of debris is eligible. However, the contractor's costs appear to be excessive.