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Second Appeal Brief
PA ID# 001-99001-00; Albany County
PW ID# Project Worksheet 2175; Snow Removal
FEMA-1692-DR-NY, Albany County (Applicant), Project Worksheet (PW) 2175
As a result of the severe storms and inland and coastal flooding on
April 14-18, 2007, the Applicant used force account labor, material, and equipment for general roadway snow removal, sanding, and salting. FEMA prepared PW 2175 for emergency protective measures. However, FEMA determined the requested snow removal costs were ineligible because the event was not declared as a snow, or severe winter storm/snow emergency.
In its first appeal, the Applicant stated that FEMA misapplied 44 CFR §206.227. The Applicant argued that the snow removal activities lessened immediate threats of significant additional damage to improved public or private property. The Applicant stated that plowing and salting the roads drained that precipitation prior to additional rain on April 16, 2007 and lessened or eliminated potential additional flooding. The Regional Administrator denied the appeal because the State did not request, and the President did not declare, an emergency specifically authorizing incidental snow removal.
In its second appeal, the Applicant asserts that neither the Stafford Act nor the Code of Federal Regulations requires States to specify emergency actions that it seeks for reimbursement in the Governors request for a major disaster declaration. The Applicant also asserts that FEMA approved and funded PWs for Category B, emergency protective measures, for snow removal from roads and rights-of-way in FEMA-1665-DR-NY.
Prior to FEMA-1665-DR-NY, the State requested and the President declared an emergency (FEMA-3268-EM-NY) specifically authorizing incidental snow removal necessary to complete debris removal or emergency protective measures. Therefore, FEMA approved the referenced PWs for snow removal related to FEMA-1665-DR-NYas an administrative convenience. FEMA did not approve some snow removal for FEMA-1692-DR-NY.
Are the snow removal costs eligible for reimbursement under this declaration?
44 CFR §206.225; 44 CFR §206.227