Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 037-15044-00; City of Compton
PW ID# 1039; Federal-aid Roads
FEMA-1577-DR-CA, City of Compton, PW 1039Cross-reference:
The City of Compton (City) is appealing FEMAs denial of $21,472 for repairs along nine roads because they were determined to be Federal-aid roads and under the authority of the U.S. Department of Transportation, Federal Highway Administration (FHWA). Between December 27, 2004 and January 11, 2006, a series of winter storms caused flooding which damaged streets throughout the City. FEMA approved $19,872 under PW 1039 on May 9, 2005, for completed permanent repairs to 14 roads. Repairs along nine roads were not funded because FEMA determined that these roads were part of the Federal-aid road system and were therefore eligible for funding under the FHWAs Emergency Relief (ER) Program. The Citys first appeal dated August 4, 2005, stated that these streets met the designation for State reimbursement standards, and that the City was in the process of changing the designation. No documentation was submitted to support the Citys claim. FEMA denied the appeal in a letter dated January 24, 2006, which restated that the roads under appeal were classified as Federal-aid roads and therefore under the statutory authority of the FHWA. The City second appeal dated April 5, 2006, indicated that the repairs to the roads were not permanent, but rather temporary in nature. The repairs affected [sic] in this disaster were temporary in nature to restore the road to its state prior to the disaster and were not a permanent repair. [Because the roads in the City are in a general state of disrepair] the permanent repair for these roads is scheduled within the next seven years. Because the work was now described as temporary repairs the State recommended that the PW be change from a Category C Roads and Bridges, to Category B Emergency Protective Measures, and should include the repairs to the FHWA Federal-aid roads.Issues:
(1) Are the roads part of a Federal-aid road system?
(2) Are the repairs to the roads permanent or emergency work?
(3) Are the roads eligible for Public Assistance Funding?Findings:
(1) Yes. The arterial and collector roads meet the definition of a Federal-aid road.
(2) The repairs to the roads were permanent.
(3) No. The roads are under the statutory authority of FHWA.Rationale:
Robert T. Stafford Disaster Assistance and Relief Act, Section 102(8)(B), Definitions.