Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 069-26576-00; City of Hallock
PW ID# 1686; Levee Repair
Citation: FEMA-1370-DR-MN; City of Hallock
Cross-reference: Other Federal Agency; Flood Control Work
Summary: The City of Hallock (City), requested $6,900 in federal disaster assistance to reimburse the costs of restoring erosion and cracks to a levee resulting from the declared flood disaster. FEMA prepared Project Worksheet (PW) 1686 for the removal of vegetation, stripping and packing clay, and grass seeding. PW 1686 was prepared for $0, because the facility is in the United States Army Corps of Engineers (USACE) Non-Federal Levee Program. However, the USACE program has a minimum threshold requiring that the cost of repairing the damage exceed $15,000. As USACE could not fund this project, the City submitted a first appeal to FEMA on October 22, 2001, requesting that this project be exempted from Title 44 Code of Federal Regulations section 206.226 - Assistance under other Federal agency (OFA) programs as an emergency protective measure. The Deputy State Coordinating Officer (DSCO) forwarded the appeal to FEMA on November 7, 2001, without a recommendation. On December 20, 2001, the Regional Director denied the first appeal because restoration of the levee falls under the specific authority of the USACE. He also stated that the repairs could not be considered emergency repairs because they were accomplished more than three months after the flood event, were not specifically performed to eliminate or lessen an immediate threat, and restored the facility to pre-disaster condition. The City submitted a second appeal on January 16, 2002, reiterating that the repairs were emergency repairs because the water exceeds flood stage at the levee annually. The City also explained that the delay in repairs was due to instability resulting from continued high water. The levee was unable to withstand the stress caused by heavy equipment until the high water subsided in late summer. The DSCO forwarded the second appeal to FEMA on January 28, 2002.
Issues: Do the repairs performed by the City constitute emergency protective measures? Are the repairs to the levee eligible for federal disaster assistance under FEMAs Public Assistance Grant Program?
Findings: No, this was a permanent restoration project. No, the USACE has specific authority for funding permanent restoration of the levee.
Rationale: The engineering firm that assessed the damage to the levee stated in a letter to the City dated June 1, 2001, that the levee is sound. Furthermore, the contractor that performed the work stated that the work would bring the dike back to before the flood condition. 44 CFR §206.226(a)