PA ID# 115-73900-00; City of Venice
PW ID# 569; US Army Corps of Engineers Venice Beach Project
Citation: FEMA-1393-DR-FL; City of Venice; PW 569
Cross-reference: Statutory Authority, Other Federal Agency, USACE
Summary: On September 14, 2001, Tropical Storm Gabrielle eroded 74,000 cubic yards of sand from the beach in the City of Venice. The U.S. Army Corps of Engineers (USACE) did not issue a notice for participants in its Shoreline Protection Program to apply for emergency assistance because the damage was not severe enough and was, therefore, not deemed cost effective. A PW was written for the beach restoration at a cost of $805,860. FEMA denied the project, stating that the project is not eligible due to the beach [being] under the jurisdiction of the USACE, and also does not follow the minimum cycle of five years for an approved beach renourishment program. The City appealed on
November 13, 2002, claiming that the Local Cooperation Agreement with USACE, as well as a letter from USACE dated January 16, 2002, does not bar the City from storm-related beach restoration in cooperation with FEMA. FEMA denied the appeal on February 6, 2003, reiterating the reasons from the initial denial. After consultation with USACE, it was determined that the Federal jurisdiction of the beach was under USACE. On March 19, 2003, the City submitted a second appeal. The State in its transmittal letter indicated it no longer supported the project, based on 44 CFR 206.226(a).
Issues: Does FEMA have to fund restoration of a beach, which is under the USACE Shoreline Protection Program authorized by P.L. 84-99?