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Second Appeal Brief
PA ID# 201-35000-00; City of Houston
PW ID# 20, 960 and 1151; Debris Removal
Citation: FEMA-1379-DR-TX; City of Houston
Cross-reference: Debris Removal Operations, Eligibility Criteria, Time Frames
Summary: The City of Houston is seeking reimbursement of costs associated with the debris removal operations beyond September 30, 2001, which was the deadline established by FEMA to remove eligible debris. The City is claiming that FEMA imposed lesser deadlines than those allotted by Title 44 Code of Federal Regulations (CFR) §206.204 (c)(1) for the removal of eligible debris without the consent or agreement of the Grantee.While the grantee addresses the above referenced issue along with the magnitude of the event as defined in terms of displaced families and damaged properties, the greatest controversy arises from the outcome of three surveys taken during October 2001. These surveys, performed on October 4th, 5th, and 22nd by FEMA, State, City officials have generated different interpretations between FEMA and the City. The results of these surveys, specifically the one on October 22, have been interpreted by FEMA as presenting mixed debris, widely scattered and in quantities that did not constitute an immediate life, health and safety threat. The Regional Director denied the Citys first appeal for the same reason.
Issues: (1) Does 44 206.204 unconditionally grant applicants six months to complete debris clearance operations? (2) Is the city eligible for debris removal costs after September 30?
Findings: No. Yes. The City is eligible for debris removal costs for October 2001.
Rationale: 44 CFR 206.224 (a) (1)(2)(3).