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Second Appeal Brief
PA ID# XXX-XXXXX; Ninilchik Traditional Council
PW ID# 37; Alaskan Native Corporations
FEMA-1445-DR-AK; Ninilchik Traditional Council (NTC)
Alaskan Native Corporations
Severe storms and flooding from October 23, 2002, through December 20, 2002, caused damages to roads and bridges throughout the Kenai Peninsula Borough. The NTC applied for Public Assistance funding as a local government to repair parts of its road system, but was determined to be an ineligible applicant because it had not established legal responsibility for the work for which it seeks reimbursement. FEMA denied the first appeal on the basis that the NTC had not established legal responsibility for the facilities based on 44 CFR § 206.223(a)(3).
The NTC submitted a second appeal, along with backup documentation to support its claim that lands containing the damaged roads and bridge were conveyed from the Ninilchik Native Association, Inc. (NNAI) to the State of Alaska in trust for NTC prior to October 2002. The State believes NTC has been unfairly penalized because it followed land transfer requirements mandated by Federal law.
Research of the submitted documents reveals that as of October 23, 2002, the facilities at issue were on land previously conveyed by the United Sates to the (NNAI), an Alaska Native Corporation formed pursuant to the Alaska Native Claims Settlement Act (ANCSA). Pursuant to 44 CFR§ 206.222(c), such corporations are not eligible to apply for FEMA Public Assistance. As of October 23, 2002, the NTC and NNAI had agreed that the land should be conveyed but State approval was still pending and the land had not been transferred. In addition, no agreement has been submitted with the appeal to evidence a binding obligation on the part of the NTC to maintain the property and its facilities in the interim, pending final conveyance.
Is the NTC an eligible applicant?
44 CFR § 206.223(a)(3)