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Federal-aid Roads

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1577-DR
ApplicantCity of Compton
Appeal TypeSecond
PA ID#037-15044-00
PW ID#1039
Date Signed2007-02-09T05:00:00
Citation: FEMA-1577-DR-CA, City of Compton, PW 1039

Cross-reference: Federal-aid road

Summary: The City of Compton (City) is appealing FEMA’s 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 FHWA’s Emergency Relief (ER) Program. The City’s 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 City’s 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.

Appeal Letter

February 9, 2007

Paul Jacks
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Ave.

Mather, California 95655

Re: Second Appeal – City of Compton, PA ID# 037-15044-00, Federal-aid-Roads,
FEMA-1577-DR-CA, Project Worksheet (PW) 1039

Dear Mr. Jacks:

This is in response to your letter dated May 10, 2006, which transmitted the referenced second appeal on behalf of the City of Compton (City). The City is appealing the Federal Emergency Management Agency’s (FEMA’s) 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, 2005, a series of winter storms caused flooding which damaged many streets throughout the City. FEMA approved $19,872 under PW 1039 on May 9, 2005, for completed permanent repairs to 14 eligible roads. Repairs along nine arterial and collector 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 FHWA’s Emergency Relief (ER) Program.

The City submitted its first appeal on August 4, 2005. The State forwarded the appeal on October 6, 2005. The appeal 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 City’s claim. FEMA denied the appeal in a letter dated January 24, 2006. The appeal decision indicated that the roads in question were classified as Federal-aid roads and therefore under the statutory authority of the FHWA. Public Assistance Program funding would constitute a duplication of benefits per 44 CFR § 206.226(a) because the funding for the Federal-aid road repairs could be obtained under the FHWA’s ER Program.
The City submitted its second appeal April 5, 2006. The State forwarded the appeal on May 10, 2006. The City 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.

After reviewing the documentation submitted with the second appeal and the original project worksheet, the repairs to the eligible and ineligible roads appear to be permanent in nature. FEMA’s PA Program provides funding to repair damage that is a direct result of the disaster. FEMA is not responsible for the condition of the roads prior to the disaster, or for routine road maintenance or replacement.

The City stated in the supporting documentation that while the roads were initially patched with a cold asphalt mix, “in January 2005, crews were dispatched throughout the city to repair the damaged streets with hot asphalt for a more permanent fix.” The supporting documentation only reflects permanent road repairs that took place from January 25, 2005, through March 24, 2005, well after the incident period. Finally, the PW Statement of Work (which is consistent with the City supporting documentation) described the repairs as permanent and consisting of a “1 inch thick hot asphalt slurry seal.” The Federal Highway Administration has indicated that hot asphalt mix is generally considered a permanent repair which may postpone the need for structural road repairs by several years.

The California Department of Transportation lists the nine roads under appeal as Federal-aid roads per 23 U.S.C., Section 101(a)(5), and is under FHWA authority for assistance. Permanent repairs to federal-aid roads are not eligible under the Public Assistance Program pursuant to Section 102(8)(B) of the Stafford Act. Accordingly, the City’s appeal is denied.

Please inform the City of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR § 206.206.

Sincerely,
/s/
David Garratt
Acting Director of Recovery

cc: Nancy Ward
Regional Director
FEMA Region IX
Last updated February 4, 2020