FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated March 21, 2014, which transmitted the referenced second appeal on behalf of Blaine County (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $92,233.41 in Public Assistance (PA) funding for costs associated with building a spur dike and a hazard mitigation project in conjunction with the repair of damage to the roadway at the Guggenmos Bridge across the North Loup River. As explained in the enclosed analysis, I have determined that the Applicant’s construction of a spur dike (as a temporary or permanent repair), and associated hazard mitigation work, is not eligible for PA funding. Under FEMA’s statutory and regulatory authorities, the river bank is not an eligible facility. Further, the spur dike did not exist prior to the disaster, and FEMA does not have the authority to fund the construction of new facilities where none existed prior to the disaster. The construction of the spur dike, and associated hazard mitigation work, is therefore not eligible for PA funding as part of the permanent restoration of the roadway. Additionally, construction of the spur dike was not a temporary emergency measure necessary to meet immediate threats to life and property, but rather is permanent in nature. Therefore the project is also not eligible for PA funding as an emergency protective measure. Accordingly, I am denying this appeal. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.