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Second Appeal Brief
PA ID# 023-99023-00; Butler County Drainage District #7
PW ID# 279; Temporary Levee
Citation: FEMA-1412-DR-MO; Butler County Drainage District #7; PW 279
Cross-reference: Ineligible Work, Temporary Levee
Summary: Severe storms and flooding impacted the State of Missouri from April 24 through June 10, 2002. A break in the permanent levee in Butler County caused widespread flooding from the Black River. When the waters began to recede Butler County Drainage District #7 began work on a temporary levee. The temporary levee occupied land owned by the local farmer, and the material was pulled from adjoining site. On August 22, 2002, FEMA determined the project worksheet to be ineligible per Response and Recovery Policy 9524.3, because the work appeared to be permanent and exceeded FEMAs 5-year protection limit for emergency work. As permanent work, the levee was not eligible per Response and Recovery Policy 9524.3. In the first appeal dated November 19, 2002, the District indicated that it constructed the levee as an emergency measure to remediate a situation that threatened over 10,000 acres of farm, livestock, and dwellings and that the District had received assistance from FEMA in the past. The levee was reinspected by FEMA and the State and the original determination was reversed. FEMA then authorized additional funding for the removal of the levee. The State transmitted the second appeal on April 2, 2003, recommending that FEMA deny the Districts request. The Districts appeal dated March 21, 2003, proposed to use public assistance funds designated for removing the temporary levee, to make the levee permanent and acquire the land upon which it was constructed.
Issues: Can Public Assistance funding intended for the removal of an emergency protective levee be applied towards making the levee permanent?
Findings: No. FEMA cannot authorize the use of funds designated for removing a temporary levee for building a permanent levee.
Rationale: 44 CFR §206.226(a); Section 403 of the of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; Response and Recovery Policy 9524.3