Summary: Floods in March of 1995 caused erosion along the Kennedy Park Levee. DSR 21702 was written for $718,389 for the permanent restoration of the levee. It was determined that the permanent repair of the flood control levee was not eligible for FEMA assistance, as the USACE had authority to provide for the permanent restoration of the levee. The city appealed on the basis that the levee was not active in the USACE's non-Federal levee rehabilitation program. The State's appeal letter explained that the damaged levee endangered public safety and property and emergency repairs should be funded. The Regional Director denied the appeal, as failure of the subgrantee to participate in the USACE program did not make the facility eligible for FEMA assistance, and because it had not been demonstrated that the condition of the levee posed an immediate threat to life, public health, or safety or improved property. In its second appeal, the city requests the levee repair be funded as permanent restoration, stating that the request for FEMA funding is unrelated to USACE program participation, or emergency work because public property would be damaged by another flood. The State maintains that emergency protective measures, if performed, should be eligible for assistance.
Should FEMA fund the permanent restoration of the levee?
Should FEMA fund the repair of the levee as emergency work?
No, because authority for permanent restoration of flood control levees is within the authority of another Federal agency, the USACE.
No, because it has not been shown that the condition of the levee poses an immediate threat from a five-year event to improved property.
Rationale: FEMA may not provide permanent restoration assistance for a facility another Federal agency has the authority to restore. Emergency protective measures made to damaged protective facilities eliminate or reduce an immediate threat of significant damage to improved public or private property and are limited to protection from a five-year event.