Legal Responsibility – Other Federal Agency

Legal Responsibility

HEADNOTES

CONCLUSION

: The Applicant did not provide adequate documentation to sufficiently distinguish between road repairs and canal bank repairs. After reviewing the supporting documentation and consulting with NRCS, FEMA cannot conclusively determine if the canal bank repairs are incidental to the road repairs. FEMA finds the costs ineligible for PA funding.

AUTHORITIES

44 C.F.R. § 206.226(a). <> 44 C.F.R. § 206.226(a) provides that disaster assistance will not be made available under the Stafford Act when another Federal agency has specific authority to restore facilities damaged or destroyed by an event which is declared a major disaster. The NRCS has authority under its EWP Program to provide funding to help people and conserve natural resources by relieving imminent hazards to life and property caused by floods, fires, drought, windstorms, and other natural occurrences.Here, the NRCS found work to restore the eroded canal banks eligible for EWP funding. PW 292 and a damage report provided by the Applicant refer to canal bank repairs and photos show repairs to both canal banks and roads, but the Applicant’s documentation does not distinguish between the two. FEMA Recovery Policy RP9524.3, Rehabilitation Assistance for Levees and other Flood Control Works, states that FEMA may provide assistance for emergency repairs and permanent repairs to flood control works and other water control structures, if the structures are not eligible for repair assistance from USACE or NRCS. <>he NRCS found the reconstruction of canal banks to be eligible, but did not have sufficient funding for repairs when the FEMA work was completed.

44 C.F.R. § 206.226(a)
Legal Responsibility – Other Federal Agency