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Second Appeal Summary
PA ID# 037-70000; City of Santa Monica
DSR ID# 44932; Road Repairs and Inspection
Citation: FEMA-1008-DR-CA; City of Santa Monica; Road Repairs and Inspection
Cross Federal-Aid roads, Federal Highway Administration, Disaster-response-
Reference: related damages
Summary: DSR 44932 was prepared for $1,287,771 to cover repair to, and "safety inspections" of damaged roads within the City of Santa Monica following FEMA1008DRCA. The reported damages consisted of settlement and cracking in pavement and on walkways and curbs. The City claimed the damages were caused either directly by the Northridge earthquake, or indirectly by increased construction traffic volume due to earthquakerelatedresponse activities. FEMA denied funding because many of the roads were Federalaid system (FAS), which is under the authority of the Federal Highway Administration (FHWA). The remaining damages occurred to non-FAS roads and were ineligible because they resulted from specific demolition, construction, and rehabilitation activities not directly attributable to the earthquake. The remaining eligible work was less than the $1,000 minimum, so zero dollars were obligated. In their March 31, 1997, first appeal, the applicant asserted that, because the repairs were not eligible for the FHWA's Emergency Relief Program, FEMA should provide funding. Also, they stated that damages to non-FAS roads were earthquake-related and should, therefore, also be eligible. The appeal was denied for the reasons stated above. The State forwarded the applicant's June 6, 1997, second appeal in a letter dated August 4, 1997. The applicant restates the arguments from their appeal and adds that section 312 of the Stafford Act should allow FEMA to provide assistance when other funds are not available.
Issues: 1) Should FEMA fund restoration of the Federalaid roads?
2) Should FEMA fund restoration of the local roads?
3) Should FEMA fund the applicant's road inspection costs?
Findings: 1) No. Pursuant to section 102(8) of the Stafford Act, Federalaid roads are not eligible for FEMA funding. Also, section 312 of the Act applies to assistance to individuals, not public entities.
2) No. The documentation does not establish that the damages were sustained as a result of eligible work.
3) No. The "safety inspections" were not consistent with disaster-related emergency response, but rather, they were for damage assessment.
Rationale: Federal-aid roads are specifically excluded from the definition of "public facilities" in section 102(8) of the Stafford Act. Furthermore, pursuant to 44 CFR 206.228(2), damage assessment is covered by the applicant's statutory administrative cost.