o The Nemaha Natural Resources District submitted an application through Nebraska Emergency Management Agency for HMGP funding of the (1) acquisition of lands/easements/rights-of- way, (2) design and (3) construction of three floodwater-retarding structures on the Upper Little Nemaha watershed. The project was not approved, and a 1st level appeal was denied by Region VII.
• Reason for Denial
o Region VII found that flood control structures were already in progress, funded by other federal authorities, resulting in Duplication of Programs (DOP) if funding through the HMGP were to be granted.
o 44 CFR 206.434 HMGP Eligibility; 44 CFR 206.440 Appeals; HMGP Desk Reference, Projects in Progress
o The Nemaha Natural Resources District submitted a 2nd appeal to overturn the Region VII 1st appeal denial, and provided new information consisting of a plan to resolve eligibility issues, and identification of three new project sites from the planned 18 sites supported with preliminary structure designs and new cost data estimates derived from new damage data. The new information also verified that the project represented by the original HMGP application was de-authorized in 1989, subsequent to the 1st appeal denial.
• FEMA Findings
o The 2nd appeal decision verified the validity of issues leading to the 1st appeal denial, but overturned the 1st appeal denial and provided conditional approval for HMGP funding of Phase 1 of the project. The final approval of the project would be subject to environmental review and technical feasibility of the proposed flood control structures.
o The rationale for the 2nd appeal decision was that the new site information and documentation provided evidence that the project was eligible for HMGP funding because it did not duplicate other federal grant authorities (DOP) and was cost effective in mitigating future flood losses.
o Reference(s): 44 CFR 206.434 HMGP Eligibility; 44 CFR 206.440 Appeals; HMGP Desk Reference, Projects in Progress