Laketown Park

Conclusion: Placing fill in one specific area in Laketown Park (the 1.7 acre area identified as the future location of a dog park) rather than throughout the entire 15-acre park is eligible as an improved project, contingent upon a formal FEMA environmental and historic review.    

Summary Paragraph

Flooding from Hurricane Katrina caused damage to the City of Kenner’s (Applicant’s) 15-acre Laketown Park facility.  FEMA obligated Project Worksheet (PW) 11755 for $323,304.55 to fund the restoration of the Laketown Park facility, which included the replacement of riprap along the shoreline of the park, the replacement of 11,033 cubic yards (cy) of eroded fill and grass reseeding over the entire surface area of the park.  The Applicant completed repairs to the damaged shoreline riprap, but decided not to restore the eroded soil throughout the 15-acre park at the same time.  The Applicant requested approval for an improved project to use $277,897.80 in unused funding approved in PW 11755 to place fill and raise the elevation of a 1.7 acre section of the park to allow construction of a dog park rather than replacing the eroded soil throughout the entire 15-acre park to raise the entire facility to its pre-disaster elevation. FEMA denied the request, because the Applicant had restored the facility to its pre-disaster function and capacity and unused funds for the eligible scope of work could not be approved to build a new dog park.

In the first appeal, the Applicant asserted that it had not restored Laketown Park as it had not replaced the soil eroded by the event.  Instead, the Applicant preferred to improve the facility by constructing a dog park. The FEMA Region VI Regional Administrator denied the first appeal stating that the function of a dog park had not existed at Laketown Park prior to the disaster and that funding can only be used for eligible work relative to the function and capacity of the facility at the time of the event.  In its second appeal, the Applicant reiterates its position from the first appeal.

Authorities and Second Appeals

• 44 C.F.R. §206.203 (d)(1).

Headnotes

• 44 C.F.R. §206.203 (d)(1) states if a subgrantee (applicant) desires to make improvements, but still restore the pre-disaster function of a damaged facility, the Grantee’s approval must be obtained.  Federal funding for such improved projects shall be limited to the Federal share of the approved estimate of eligible costs.
  • The damaged facility is the Laketown Park, and the Applicant wishes to improve upon the facility by replacing the fill that washed away at one specific location and at varying elevations, rather than replace the fill to the pre-disaster grade of the entire 15-acre park, and ultimately adding a dog park.  The Grantee approved the Applicant’s initial request, and the pre-disaster function of the facility, recreation, will not be changed.