Letter to FEMA Director David Paulison
August 30, 2006
The Honorable R. David Paulison
DirectorUnder Secretary for Federal
Emergency Management Agency
Office of the Director
500 C Street SW
Washington, DC 20472 Via facsimile:
Dear Director Paulison,
As you are aware, your Agency has initiated a study to update the Flood Insurance Rate Maps in many areas of Arkansas. During the past several weeks your Agency has submitted requests to numerous county, municipal, and levee districts throughout the state requesting compliance with Title 44 of the Code of Federal Regulations, Section 65.10 (44CFR 65.10).
As outlined in these requests, the Agency has provided three alternative community options that exist in order to be in compliance. These are:
The community can coordinate with the USACE about the design and construction certification of a particular levee;
The community can hire a licensed professional engineer to evaluate and certify the design and construction of the levee; or
The community can advise FEMA that certification will not be possible and to proceed with the revised maps with uncertified levees removed from the maps.
In addition, your correspondence has made it clear that the USACE maintains that it is both unable to conduct the extensive certification as requested, due to a lack of funds, and that the inspections that it does perform should not be relied upon for levee certification. If this is accurate, then the financial burden for compliance is being placed on the local governing entity. In addition, the economic hardships faced by the local community are not only the cost for certification but also the risk of non-certification.
While we all support levee protection and understand the importance for enduring assurances that our levees will continue to meet certain standards, it is also important that these standards be equally applied and the cost is bourne by the appropriate entities. As such, we request that you allow an extension of time for those communities to comply with your requests and that you provide the following information to our offices:
1. All details regarding the study to update the Flood Insurance Rate Maps, including, but not limited to, a list of any and all other communities that are a part of the study (including all communities in and outside Region 6), a statement as to whether any other community is being afforded any other alternatives, opportunities, or options as opposed to what is outlined above, and please include time lines for compliance;
2. Whether or not study applies to FEMA Region 6 only. If so, please explain
3. Please state if, prior to this study, this compliance has been sought in the past and if so, please provide details regarding the manner of certification required by FEMA and please state whether all other communities are subject to the deadlines imposed in Arkansas; and,
4. Whether, aside from this study, FEMA has any other national plan for compliance with 44CFR 65.10;
We thank you in advance for your cooperation in this matter. Please have your staff contact our offices directly. We await your response.
Sincerely,
Blanche L. Lincoln
Mark Pryor
Vic Snyder
John Boozman
Marion Berry
Mike Ross
http://www.house.gov/snyder/news_views/index.html