Permanent Repair of Airport Runways

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1440-DR
ApplicantAlaska Department of Transportation and Public Facilities
Appeal TypeSecond
PA ID#000-UPQJN-00
PW ID#18 & 26
Date Signed2004-08-10T04:00:00
Citation: FEMA-1440-DR-AK; Alaska Department of Transportation and Public Facilities; PWs 18 and 26, Northway and Gulkana Airport Runways

Cross-reference: Other Federal Agency, Permanent Work

Summary: An earthquake caused damage to two airports in eastern Alaska. FEMA provided $535,237 in disaster relief funding for the permanent restoration of a building and emergency work to create a temporary runway at the Northway Airport, but found PWs 18 and 26 ineligible because funding for the permanent repair of the Northway and Gulkana Airport runways is available from the Federal Aviation Administration’s (FAA) Airport Improvement Program (AIP). The State of Alaska Department of Transportation and Public Facilities (Subgrantee), appealed FEMA’s determination, stating that the State of Alaska owns the airports and the Subgrantee is responsible for their operation and maintenance. The State of Alaska (Grantee) supported the appeal and claimed that the FAA did not have funding available for the projects. The Regional Director denied the appeal, stating that 44 CFR § 206.226(a) requires that FEMA funding not be made available when another Federal agency has authority for funding the project even if that agency does not have sufficient funds to cover the project. The Grantee supported and forwarded the Subgrantee’s second appeal to FEMA. In the second appeal, the Subgrantee stated that 49 U.S.C. does not give the FAA the specific authority to fund the repair of damages caused by Presidentially-declared disasters and cited several examples of airports that previously received Public Assistance grants for recovery work.

Issues: 1. Does the FAA have the specific authority to fund the permanent repair projects?

Findings: 1. No. 49 U.S.C. gives the FAA only general authority to fund the rehabilitation/repair of runways, taxiways, lighting and drainage systems for NPIAS airports.

Rationale: 44 CFR § 206.226(a) Assistance under other Federal agency (OFA) programs.49 U.S.C. § 47101 et seq. Airport Improvement

Appeal Letter

August 10, 2004

Mr. James F. Butchart
State Coordinating Officer
State of Alaska Department of Military and Veterans Affairs
Division of Homeland Security and Emergency Management
P.O. Box 5750
Ft. Richardson, AK 99505-5750

Re: Second Appeal, Alaska Department of Transportation and Public Facilities,PA ID 000-UPQJN-00, Permanent Repair of Airport Runways, FEMA-1440-DR-AK, Project Worksheets 18 & 26

Dear Mr. Butchart:

This is in response to your February 3, 2004, letter forwarding the above referenced second appeal from the Alaska Department of Transportation and Public Facilities (Subgrantee). In its appeal letter dated September 9, 2003, the Subgrantee requested that the Federal Emergency Management Agency (FEMA) reconsider Region X’s denial of funding for the permanent repair of earthquake-damaged runways at the Northway and Gulkana Airports. The Subgrantee submitted a cost estimate for the scopes of work necessary to restore the two runways of $13,675,693.

The FEMA Region X Regional Director denied the Subgrantee’s first appeal on July 8, 2003. He determined that FEMA was unable to fund the runway repair projects because the Federal Aviation Administration (FAA) has authority to fund repair of damaged airport runways. Pursuant to Title 44 Code of Federal Regulations § 206.226 (a), “Assistance under other Federal agency (OFA) programs – (1) Generally, disaster assistance will not be made available under the Stafford Act when another Federal agency has specific authority to restore facilities damaged or destroyed by an event which is declared a major disaster.” After a thorough review of the documentation submitted by the Subgrantee and through consultation with the FAA, I have determined that the FAA has general authority for funding damaged runways, but not “specific authority” as required by the regulation.

Therefore, repairs of the earthquake damaged runways at the Northway and Gulkana Airports are eligible for Federal disaster assistance funding under FEMA’s Public Assistance Grant Program and the appeal is granted. By copy of this letter, I am requesting that the Regional Director take appropriate action to implement this determination.

Please inform the Subgrantee of my determination. My determination constitutes the final decision on this matter as set forth in 44 CFR § 206.206.

Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response

cc: John Pennington, Regional Director
Region X

Barry Molar, Division Manager
Federal Aviation Administration

The Honorable Lisa Murkowski

The Honorable Ted Stevens
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