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Second Appeal Brief
PA ID# 186-U5S1F-00; Ste. Genevieve County
PW ID# 611; Ste. Genevieve Levee District Number III
Citation: FEMA-1412-DR-MO; Ste. Genevieve Levee District III; PW #611
Cross-reference: U.S. Army Corps of Engineers cooperative agreement; levee
Summary: A Major Disaster was declared for the State of Missouri on May 6, 2002, as a result of severe storms, hail and tornadoes that started on April 24, 2002, and continued through June 10, 2002. Wide spread flooding along the Mississippi River and tributaries in Ste. Genevieve County resulted.
The applicant is requesting reimbursement of costs associated with measures taken to pump water from behind a levee ($24,512.16). The levee was designed and constructed by the United States Army Corps of Engineers (USACE) and turned over to the Ste. Genevieve Joint Levee Commission.
On May 8, 1995, the City of Ste. Genevieve, the Ste. Genevieve Levee District Number II and the Ste. Genevieve Levee District Number III signed an agreement called the Ste. Genevieve Joint Levee Commission Agreement (JLCA). The purpose of the agreement was to form a joint commission and to enter into a Project Cooperative Agreement (PCA) with USACE for the design and construction of a flood control levee. Article VIII of the PCA states:
the Local Sponsor shall operate, maintain, repair, replace, and rehabilitate the entire Project or the functional portion of the Project, at no cost to the Government. The USACE determined that the levee was functional and complete, and turned the facilities over to the JLC.
In a letter dated April 7, 2003, the Regional Director responded to the first appeal and determined that the operational costs incurred to protect the City of Ste. Genevieve from flooding were not eligible. Article VIII of the PCA stipulated that the JLC agreed to operate and maintain the levee system at no additional cost to the United States Government.
Issues: 1) Is the applicant obligated to operate and maintain the levee system at no cost to the Government during major disasters?
Findings: 1) Yes. Article VIII of the PCA does not exclude disasters. The Ste. Genevieve Joint Levee Commission, in which the Ste. Genevieve District Number III is a member, is obligated to operate and maintain the levee system at no cost to the Government.
Rationale: 44 CFR § 206.223; Project Cooperative Agreement between the Department of the Army (USACE) and the Ste. Genevieve Joint Levee Commission.