Fort Morgan Ferry Dock Repair

June 23, 2006

Mr. Bruce P. Baughman, Director
Alabama Emergency Management Agency
5898 Country Road 41,
Post Office Drawer 2160
Clanton, Alabama 35046

Re: Second Appeal – Alabama Historical Commission/ Alabama Department of Transportation, Fort Morgan Ferry Dock Repair, FEMA-1549-DR-AL

Dear Mr. Baughman:

This letter is in response to the referenced second appeal, dated August 12, 2005, submitted by the Alabama Department of Transportation (ADOT). ADOT is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of assistance to repair the Fort Morgan Ferry Dock located on Mobile Bay, Alabama.

In September 2004, Hurricane Ivan damaged the Fort Morgan Ferry Dock which is owned by the State of Alabama and, at the time of the disaster, was operated by the Alabama Historical Commission (AHC). However, pursuant to its lease agreement with a private ferry operator, AHC was not legally obligated to restore the dock to an operable condition if the ferry dock was substantially destroyed by a natural disaster. Consequently, FEMA denied Public Assistance funding for repairs to the dock.

On April 5, 2005, the Alabama Emergency Management Agency (AEMA) filed a first appeal on behalf of the State of Alabama of FEMA’s denial of assistance for ferry dock repairs. AEMA’s appeal did not object to FEMA’s determination that AHC did not have legal responsibility as required by regulation, but pointed out that the ferry service from the Fort Morgan Ferry Dock was a vital link for commerce and commuters between Baldwin and Mobile Counties. On May 23, 2005, FEMA Region IV denied the first appeal.

In a letter dated August 12, 2005, ADOT filed a second appeal requesting reconsideration of FEMA’s denial of assistance for repairs to the ferry dock. Enclosed with its second appeal was a copy of an interagency agreement between ADOT and AHC wherein ADOT assumed legal responsibility for the operation, maintenance, and repair of the Fort Morgan Ferry Dock on May 20, 2005.

Based on the documents provided, FEMA has determined that the Fort Morgan Ferry Dock is owned by the State of Alabama and that legal responsibility for its maintenance and repair belonged to AHC at the time of the disaster. FEMA has also determined that legal responsibility for the dock passed from one state agency (AHC) to another state agency (ADOT) on May 20, 2005. Therefore, I am granting this appeal.

By copy of this letter I am asking the Acting Regional Director of FEMA Region IV to prepare and obligate a Project Worksheet for the actual eligible costs of repairing the Fort Morgan Ferry Dock.

Please inform ADOT of my decision. This determination constitutes the final decision in this matter pursuant to 44 CFR § 206.206.

Sincerely,
/S/
David Garratt
Acting Director of Recovery
Federal Emergency Management Agency

cc: Mary Lynne Miller
Acting Regional Director
FEMA Region IV