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Second Appeal Brief
PA ID# 135-55556-00; City of Roseau
PW ID# 963, 969, and 1042; Alternate Project
Citation: FEMA-1419-DR-MN, City of Roseau, Alternate Projects
Summary: As a result of severe storms and flooding (declared June 14, 2002) the City of Roseau (Applicant) sustained damages to its city hall, police station, and city library. FEMA prepared and obligated PWs 963, 969, and 1042 for $616,732 in repairs for the three structures. Following the disaster, the Applicant decided to replace the three old, obsolete structures and build a new City Center complex that would house the three city functions noted above. On September 16, 2004, the Applicant requested an improved project in order to use the repair funding for the new facility. However, during the environmental/historical review process the Applicant obtained State funding for the entire City Center project. As a result, the Applicant withdrew its request for an improved project in June 2005 and requested that funding from the 3 PWs be used for alternate projects. In December 2005, FEMA Region V denied the Applicants request because the functions of the three facilities would be transferred to the new City Center. On January 17, 2006, the Applicant filed a first appeal with Region V arguing that FEMA regulations do not prohibit the reallocation of funding to alternate projects in these circumstances. On March 25, 2006, FEMA Region V denied the first appeal stating that alternate projects are available only when the subgrantee is not restoring the damaged facility or its function. On April 6, 2006, the Applicant filed a second appeal with FEMA.
Issues: 1. Does the Applicants request for alternate project funding meet the requirements of 44 CFR § 206.203(d)(2)?
2. Did the Applicant request the alternate funding option within 12 months of its Kickoff Meeting as required in Recovery Division Policy 9525.13?
Findings: 1. Yes.
2. No, however, a waiver is granted.
Rationale: 44 CFR § 206.203(d)(2); Recovery Division Policy 9525.13, Alternate Projects