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Second Appeal Brief
PA ID# 157-URR5N-00; Bois Brule Levee and Drainage District
PW ID# 647; Bois Brule Pumps 1 and 3
Citation: FEMA-1749-DR-MO, Bois Brule Levee and Drainage District, PW 647
Reference: Flood Control Work
Summary: Heavy rains from March 17, 2008, through May 9, 2008, resulted in extensive flooding in Perry County, Missouri. FEMA prepared PW 647 for $577,604 to fund the Applicant’s emergency protective measures along its levee system. FEMA determined that costs for permanent repairs to the Applicant’s levee system are ineligible for reimbursement. The Applicant submitted its first appeal on November 4, 2008, and requested $168,041 for permanent repairs to Bois Brule Pump 1 and Pump 3. The Applicant claimed that the repairs should be eligible because the pumps were damaged by disaster-generated debris during its emergency pumping operations. The Acting Regional Administrator denied the appeal because the Applicant is eligible to participate in the U.S. Army Corps of Engineers’ Rehabilitation and Inspection Program (RIP). Pursuant to the
August 17, 1999, Response and Recovery (R&R) 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, permanent repairs to flood control works that are eligible for RIP are not eligible for FEMA funding. The Applicant submitted its second appeal on May 14, 2009. The Applicant maintained that permanent repairs to both pumps should be eligible for reimbursement because they were damaged while performing eligible emergency work. USACE has established that the facility is a flood control work and permanent repairs are under its authority.
Issue: Are permanent repairs to the Applicant’s RIP-eligible levee eligible for Public Assistance?
Rationale: Title 44 Code of Federal Regulation (CFR) §206.226(a) and Response and Recovery (R&R) 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works