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.