Resolution of the

Upper Mississippi River Basin Association

 

Requesting Reconsideration by the

Federal Emergency Management Agency

of the

Interpretation of the Term “Structure” in 44 CFR 206.434

 

December 11, 1998

 

 

 

WHEREAS, the Upper Mississippi River Basin Association (UMRBA) is composed of the states of Illinois, Iowa, Minnesota, Missouri, and Wisconsin, which are active partners with the Federal Emergency Management Agency (FEMA) in an ongoing effort to mitigate damages from all natural disasters, including flooding;

 

WHEREAS, the UMRBA member states have cooperated with FEMA in the implementation of hazard mitigation projects by administering, and in some cases providing the non-federal cost-share for, the Hazard Mitigation Grant Program (HMGP);

 

WHEREAS, the UMRBA has a strong interest in utilizing all available resources to the maximum extent possible in order to mitigate and reduce future damages from flooding;

 

WHEREAS, it is recognized that the most effective flood control and disaster mitigation planning involves both structural and non-structural solutions;

 

WHEREAS, the UMRBA has determined that, in certain instances, it is feasible and cost effective to utilize properties acquired through the HMGP for the construction of flood control facilities;

 

WHEREAS, the UMRBA has determined that the utilization for flood control facilities of certain properties acquired through the HMGP enhances the overall disaster cost reduction goal of the HMGP and, therefore, encourages increased participation in the HMGP;

 

WHEREAS, with regard to reuse of property acquired with HMGP funds, FEMA, by policy, has interpreted the undefined term “structure” in 44 CFR 206.434 to exclude all but those structures specifically listed in the CFR.  Currently this listing does not include flood control facilities;

 

NOW, THEREFORE, BE IT RESOLVED, that the Upper Mississippi River Basin Association hereby requests the Federal Emergency Management Agency to reconsider its policy interpreting the term “structure” in 44 CFR 206.434 so as to allow the construction of flood control facilities such as levees, channel modifications, reservoirs, sediment basins, and other flood control facilities that meet the following criteria:

 

1.    The flood control facility shall be constructed by a public agency, and owned by a non-federal public agency which shall be responsible for its operation, repair, and maintenance;

2.    after completion of the project, no application for additional disaster assistance will be made for any purpose with respect to the property to any federal entity or source;

3.    the flood control facility shall be reviewed and approved by all applicable regulatory agencies in the state wherein the facility is to be built; and

4.    an analysis shall be made to demonstrate the economic viability of the flood control project.

 

 

 

Unanimously approved by the Upper Mississippi River Basin Association via conference call on December 11, 1998.