The Regional response to the first appeal stated that the proposed project did not meet the requirements of 44 CFR 206.434. It did not cite the specific eligibility requirements that the project did not meet. The additional information that the City provided adequately explained how its project meets the requirements of 44 CFR 206.434.
Section 404, Hazard Mitigation, of the Stafford Act and 44 CFR Subpart N, Hazard Mitigation Grant Program, give FEMA broad discretion in determining the types of mitigation projects to fund. While FEMA' s preferred methods of mitigating the effects of floods are the acquisition and elevation of flood prone structures, FEMA does fund other types of flood mitigation projects. The least preferred method of reducing flood risks is the construction of levees and dams, primarily because other Federal agencies have statutory authority to construct these types of facilities, as well as the residual risk associated with these types of facilities. The construction of a two-mile berm is not consistent with FEMA's stated goal of restoring and preserving the natural and beneficial use of floodplains, in accordance with Executive Order 11988 and 44 CFR 9 .2(b )(7), and is an unwise use of Federal funds.