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Second Appeal Brief
PA ID# 000-UPQJN-00; Alaska Department of Transportation and Public Facilities
PW ID# 18 & 26; Permanent Repair of Airport Runways
Citation: FEMA-1440-DR-AK; Alaska Department of Transportation and Public Facilities; PWs 18 and 26, Northway and Gulkana Airport Runways
Cross-reference: Other Federal Agency, Permanent Work
Summary: An earthquake caused damage to two airports in eastern Alaska. FEMA provided $535,237 in disaster relief funding for the permanent restoration of a building and emergency work to create a temporary runway at the Northway Airport, but found PWs 18 and 26 ineligible because funding for the permanent repair of the Northway and Gulkana Airport runways is available from the Federal Aviation Administrations (FAA) Airport Improvement Program (AIP). The State of Alaska Department of Transportation and Public Facilities (Subgrantee), appealed FEMAs determination, stating that the State of Alaska owns the airports and the Subgrantee is responsible for their operation and maintenance. The State of Alaska (Grantee) supported the appeal and claimed that the FAA did not have funding available for the projects. The Regional Director denied the appeal, stating that 44 CFR § 206.226(a) requires that FEMA funding not be made available when another Federal agency has authority for funding the project even if that agency does not have sufficient funds to cover the project. The Grantee supported and forwarded the Subgrantees second appeal to FEMA. In the second appeal, the Subgrantee stated that 49 U.S.C. does not give the FAA the specific authority to fund the repair of damages caused by Presidentially-declared disasters and cited several examples of airports that previously received Public Assistance grants for recovery work.
Issues: 1. Does the FAA have the specific authority to fund the permanent repair projects?
Findings: 1. No. 49 U.S.C. gives the FAA only general authority to fund the rehabilitation/repair of runways, taxiways, lighting and drainage systems for NPIAS airports.
Rationale: 44 CFR § 206.226(a) Assistance under other Federal agency (OFA) programs.49 U.S.C. § 47101 et seq. Airport Improvement