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Debris Removal
Appeal Brief
Appeal Letter
Citation: FEMA-1604-DR-MS, Mississippi Department of Transportation, Debris Removal
Cross-reference: Debris Removal
Summary: FEMA determined that the removal of standing dead trees damaged by salt water storm surge in five counties was eligible as debris removal for local governments. Following FEMAs determination to fund standing dead tree removal completed by local governments, the Mississippi Department of Transportation (Applicant) requested that FEMA fund the removal of standing dead trees on highway
right-of-ways. FEMA denied the Applicants request because the Applicant had received funding through the Federal Highway Administrations Emergency Relief (ER) program for debris removal from the highways. The Applicant submitted a first appeal for no specific dollar amount for the removal of standing dead trees in ten counties, stating the funding provided through the ER program covered the initial push and first pass debris removal costs and that the removal of the standing dead trees was FEMAs responsibility. The Regional Administrator partially approved the appeal, stating that standing dead tree removal completed after the phase defined as first pass along the right-of-ways of highways in the five counties affected by storm surge may be eligible. The Applicant submitted its second appeal for $393,014, requesting reimbursement for standing dead tree removal in ten additional counties, stating that the standing dead trees present a risk to travelers on the highways. In accordance with 44 CFR §206.223(a)(1), General work eligibility, to be eligible, an item of work must be the result of the disaster. Documentation submitted with the appeal states that a prolonged drought and an outbreak of the Ips beetle contributed to the death of the trees. FEMA approved funding for the removal of standing dead trees in the coastal counties because the saltwater surge from Hurricane Katrina directly damaged or killed the trees. The death of the trees outside of the surge zone was caused by a number of factors, including the beetle infestation.
Issues: Is the tree removal required as the result of the declared event?
Findings: No. The death of the trees outside of the surge zone is not a direct result of the event.
Rationale: 44 CFR §206.223(a)(1),
Appeal Brief
| Disaster | FEMA-1604-DR |
| Applicant | Mississippi Department of Transportation |
| Appeal Type | Second |
| PA ID# | 000-U0222-00 |
| PW ID# | xxx |
| Date Signed | 2009-04-14T04:00:00 |
right-of-ways. FEMA denied the Applicants request because the Applicant had received funding through the Federal Highway Administrations Emergency Relief (ER) program for debris removal from the highways. The Applicant submitted a first appeal for no specific dollar amount for the removal of standing dead trees in ten counties, stating the funding provided through the ER program covered the initial push and first pass debris removal costs and that the removal of the standing dead trees was FEMAs responsibility. The Regional Administrator partially approved the appeal, stating that standing dead tree removal completed after the phase defined as first pass along the right-of-ways of highways in the five counties affected by storm surge may be eligible. The Applicant submitted its second appeal for $393,014, requesting reimbursement for standing dead tree removal in ten additional counties, stating that the standing dead trees present a risk to travelers on the highways. In accordance with 44 CFR §206.223(a)(1), General work eligibility, to be eligible, an item of work must be the result of the disaster. Documentation submitted with the appeal states that a prolonged drought and an outbreak of the Ips beetle contributed to the death of the trees. FEMA approved funding for the removal of standing dead trees in the coastal counties because the saltwater surge from Hurricane Katrina directly damaged or killed the trees. The death of the trees outside of the surge zone was caused by a number of factors, including the beetle infestation.
Appeal Letter
April 14, 2009
Thomas M. Womack
Executive Director
State of Mississippi Emergency Management Agency
Post Office Box 5644
Pearl, Mississippi 39208-5644
Re: Second AppealMississippi Department of Transportation, PA ID 000-U0222-00,
Debris Removal, FEMA-1604-DR-MS
Dear Mr. Womack:
This letter is in response to your letter dated June 12, 2008, which transmitted the referenced second appeal on behalf of the Mississippi Department of Transportation (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for the removal standing dead trees on highway
right-of-ways in ten counties.
In March 2006, FEMA determined that the removal of standing dead trees damaged by salt water storm surge in the coastal counties of Hancock, Harrison, and Jackson was eligible as debris removal for local governments. In January 2007, your office requested that FEMA approve funding for the removal of dead standing trees in seven additional counties. FEMA approved the tree removal in two additional counties, Pearl River and Stone, but denied the tree removal in the remaining counties because there was no immediate threat posed by the dead trees in the remaining counties.
Following FEMAs determination to fund standing dead tree removal completed by local governments, the Applicant requested that FEMA fund the removal of standing dead trees on the highway rights-of-way. On April 16, 2007, FEMA denied the Applicants request because the Applicant had received funding through the Federal Highway Administrations Emergency Relief (ER) program for debris removal from the highways.
On May 23, 2007, the Applicant submitted a first appeal for no specific dollar amount for the removal of standing dead trees in Hancock, Harrison, Jackson, Pearl River, Stone, Forrest, George, Jones, Lamar, and Wayne counties. The Applicant stated that the funding provided through the ER program covered the initial push and first pass debris removal costs and that the removal of the standing dead trees was FEMAs responsibility. The Regional Administrator partially approved the appeal on January 28, 2008, stating that standing dead tree removal completed after the phase defined as first pass along the right-of-ways of highways in Hancock, Harrison, Jackson, Pearl River, and Stone counties may be eligible, subject to the project completion deadlines previously established for local governments. The Regional Administrator provided the Applicant 90 days to specify a dollar amount and to submit supporting documentation.
The Applicant submitted its second appeal on April 15, 2008, requesting reimbursement for standing dead tree removal on highway rights-of-way in the five counties denied in its first appeal, plus Clarke, Greene, Perry, Jasper, and Copiah counties. The Applicant states that the standing dead trees present a risk to travelers on the highways and provided a summary of costs incurred to date ($393,014). The Applicant also included two letters discussing the conditions leading to the death of the trees, one from the Mississippi Forestry Commission and one from an Extension Forestry Professor. The Extension Forestry Professor states the primary cause of the pine tree mortality was the high wind caused by Hurricane Katrina.
In accordance with 44 CFR §206.223(a)(1), General work eligibility, to be eligible, an item of work must be the result of the disaster. While the Extension Forestry Professor concludes that the primary cause of the death of the trees was the high winds from the event, his letter dated October 31, 2006, clearly indicates that a prolonged drought and an outbreak of the Ips beetle contributed to the death of the trees. FEMA approved funding for the removal of standing dead trees in the coastal counties because the saltwater surge from the disaster directly damaged or killed the trees. The death of the trees outside of the surge zone was caused by a number of factors, including the beetle infestation. Because the death of the trees outside of the surge zone is not a direct result of the event, the removal of the trees is not eligible for funding under the Public Assistance program.
I have reviewed the information submitted with the appeal and have determined that the Regional Administrators decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Sincerely,
/s/
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Major P. May
Regional Administrator
FEMA Region IV
Thomas M. Womack
Executive Director
State of Mississippi Emergency Management Agency
Post Office Box 5644
Pearl, Mississippi 39208-5644
Re: Second AppealMississippi Department of Transportation, PA ID 000-U0222-00,
Debris Removal, FEMA-1604-DR-MS
Dear Mr. Womack:
This letter is in response to your letter dated June 12, 2008, which transmitted the referenced second appeal on behalf of the Mississippi Department of Transportation (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for the removal standing dead trees on highway
right-of-ways in ten counties.
In March 2006, FEMA determined that the removal of standing dead trees damaged by salt water storm surge in the coastal counties of Hancock, Harrison, and Jackson was eligible as debris removal for local governments. In January 2007, your office requested that FEMA approve funding for the removal of dead standing trees in seven additional counties. FEMA approved the tree removal in two additional counties, Pearl River and Stone, but denied the tree removal in the remaining counties because there was no immediate threat posed by the dead trees in the remaining counties.
Following FEMAs determination to fund standing dead tree removal completed by local governments, the Applicant requested that FEMA fund the removal of standing dead trees on the highway rights-of-way. On April 16, 2007, FEMA denied the Applicants request because the Applicant had received funding through the Federal Highway Administrations Emergency Relief (ER) program for debris removal from the highways.
On May 23, 2007, the Applicant submitted a first appeal for no specific dollar amount for the removal of standing dead trees in Hancock, Harrison, Jackson, Pearl River, Stone, Forrest, George, Jones, Lamar, and Wayne counties. The Applicant stated that the funding provided through the ER program covered the initial push and first pass debris removal costs and that the removal of the standing dead trees was FEMAs responsibility. The Regional Administrator partially approved the appeal on January 28, 2008, stating that standing dead tree removal completed after the phase defined as first pass along the right-of-ways of highways in Hancock, Harrison, Jackson, Pearl River, and Stone counties may be eligible, subject to the project completion deadlines previously established for local governments. The Regional Administrator provided the Applicant 90 days to specify a dollar amount and to submit supporting documentation.
The Applicant submitted its second appeal on April 15, 2008, requesting reimbursement for standing dead tree removal on highway rights-of-way in the five counties denied in its first appeal, plus Clarke, Greene, Perry, Jasper, and Copiah counties. The Applicant states that the standing dead trees present a risk to travelers on the highways and provided a summary of costs incurred to date ($393,014). The Applicant also included two letters discussing the conditions leading to the death of the trees, one from the Mississippi Forestry Commission and one from an Extension Forestry Professor. The Extension Forestry Professor states the primary cause of the pine tree mortality was the high wind caused by Hurricane Katrina.
In accordance with 44 CFR §206.223(a)(1), General work eligibility, to be eligible, an item of work must be the result of the disaster. While the Extension Forestry Professor concludes that the primary cause of the death of the trees was the high winds from the event, his letter dated October 31, 2006, clearly indicates that a prolonged drought and an outbreak of the Ips beetle contributed to the death of the trees. FEMA approved funding for the removal of standing dead trees in the coastal counties because the saltwater surge from the disaster directly damaged or killed the trees. The death of the trees outside of the surge zone was caused by a number of factors, including the beetle infestation. Because the death of the trees outside of the surge zone is not a direct result of the event, the removal of the trees is not eligible for funding under the Public Assistance program.
I have reviewed the information submitted with the appeal and have determined that the Regional Administrators decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Sincerely,
/s/
James A. Walke
Acting Assistant Administrator
Disaster Assistance Directorate
cc: Major P. May
Regional Administrator
FEMA Region IV