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Second Appeal Brief
PA ID# 000-U0065-00; New York State Department of Transporation
PW ID# 207-212; Permanent Work
Citation: FEMA-1404-DR-NY; NYS Dept. of Transportation, Permanent Work, PWs 207-212
Cross-reference: Permanent Work
Summary: A snowstorm dropped 81.5 inches of snow on Erie County from December 24-29, 2001. The Federal Emergency Management Agency (FEMA) declared FEMA-1404-DR-NY on March 1, 2002, for all categories of work in the County. FEMA made Project Worksheets (PWs) 207-212 ineligible in June 2002 because permanent work on federal aid roads is not eligible for Public Assistance funding. The New York State Department of Transportation (NYSDOT) argued in the first appeal that the damage was not eligible for Emergency Relief from the Federal Highway Administration and, therefore, should be eligible for FEMA funding. The Acting Regional Director denied the first appeal because FEMA did not believe the work noted on the PWs was Emergency Work. Rather, it was permanent work on federal aid roads, which FEMA is prohibited from providing Public Assistance Program funds for.
Issues: Is the replacement of curb, sidewalk, guiderails, signs, and sod on Federal-Aid Roads eligible as emergency protective measures?
Findings: No. This type of work is considered permanent work and, therefore, ineligible for Public Assistance funding.
Rationale: 44 CFR §206.221(h)