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Legislator Appeal Emerg funds THE CITY OF City Manager's Office 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4110 phone (563) 589-4149 fax ctyrngr@cityofdubuque.org ~cÆ~ October 27,2004 Mr. David L. Miller, Administrator Iowa Homeland Security and Emergency Management Division Hoover State Office Building 1305 E. Walnut, Level A Des Moines, Iowa 50319 Re: Appeal of decision denying claim for pumping costs Dear Mr. Miller: Please regard this letter as the City of Dubuque's official appeal of your decision to deny our $28,203 claim for pumping costs at the floodwall incurred during the severe flooding of May and June 2004. Our relationship with your office has always been very cooperative, and I know our staff has worked with you after many disasters and for the most part you have agreed with our damage estimates and costs, and reimbursed the City accordingly. However, we are particularly concerned that if the unbudgeted costs of operating the pump stations along our flood way during flood peaks are not eligible for reimbursement, this interpretation will lead to other questioned costs if substantial damage occurs to the floodwall during these same periods. Therefore we respectfully appeal your decision. In your review of our appeal, please clarify for our citizens that the cost of restoring or rebuilding the floodwall as a result of a catastrophic disaster is a federal government responsibility. sincere:>fJt LC11ftt-æ}L. Michael C. Van Milligen City Manager MCVM:wb SHvke People Integc;ty Rðponslbllity Innov,tlon T"mwo.k 0 721 "D"" BOWNG 210 W"NOT ST"" 0" MO'N". IA 5030'-2140 151512BB-114S ilnited ~tates ~mBte ".."TD. 0 tO3 Fm"" COO<o<DOO' BOO,mNG 320 6T< ST"" S'Doxc.~.IASltOl-1244 17121 233-t860 """TD' 0 135HMTS"'T,O"",Boo'D"G WA<H"GTDN. DC 2O510-t501 [2021 224-3744 TTY. [2021 224-4479 e,m,I'. chook_9""leY@9",,'ey,"",te,9DV 0 2O6Fm"" BO"D'NG 1011'TS"",SE CmM ""'°'. IA 52401-1227 (3191 363-6B32 CHARLES E, GRASS LEY WASHINGTON. DC 205HHSQ1 02tOWAmwoBoow'NG 531 COMM,,"'" 5"'" WAmwo. IA 50701-5497 (3191232-6657 0 131 Wm 3,° ST"" Som lBO DAV<N'D'T.IA 52BOl-l419 (5631322-4331 October 21, 2004 0 307 F'D"" BO"D'NG B SOOT< 6T< ST"" CDoNm B""'.IA 51501-4204 (7121322-7103 Michael C. Van Milligen Dubuque City Manager 50 West 13th Street Dubuque, Iowa 52001 Dear Mr. Van Milligen: The Federal Emergency Management Agency has responded to our inquiry on your behalf. Enclosed is a copy of their reply. is my understanding my staff has also spoken with Mr. John Klosterman of the City of Dubuque regarding the response. It You will note the response states the agency has concluded the determination not to pay the City's pumping costs incurred during flooding events of this spring was correct. The response states the findings are consistent with similar matters nationwide. You have the right to appeal the determination within 60 days of receipt of the denial. I would app~eciate your apprising my Cedar Rapids office if you appeal the determination and I will be happy to forward a letter of support on your behalf. My office will forward further information from the Army Corps of Engineers as soon as that response is received. please feel free to contact me if I can be of further assistance as this maccer prO9Le~$e8. Keep in touch. !!Z::;l ~ Charles E. Grassley United States Senator CEG/mld CHAIRMAN, FINANCE Committee Assignments: BUDGET JUDICIARY AGRICULTURE CHAIRMAN. INTERNATIONAL NARCOTICS CONTROL CAUCUS "'N>EO ON ,m"ED "Fe, U.S. Department of Homeland Security FEMA Region VII 2323 Grand Boulevard, Suite 900 Kansas City, MO641O8-2654 =~8.)= FEMA October 19, 2004'!-~" The Honorable Charles Grassley United States Senate 206 Federal Building 101 1" Street SE Cedar Rapids, IA 52401-1227 Dear Senator Grassley: Thank you for your letter dated October 5,2004, to the Department of Homeland Security's Federal Emergency Management Agency (FEMA) in which you request clarification ofFEMA's denial of the City of Dubuque's pumping costs incUlTed during the severe flooding of May and June 2004. After reviewing the project, we have concluded that the original detennination was correct. The floodwall and the four pumping stations in question were part of a flood control project funded by the u.S. Anny Corps of Engineers (USACE). The basis ofFEMA's detennination is found in the Operation and Maintenance Manual, which is part of the agreement between the City of Dubuque and the USACE. The Operations Manual requires the local sponsor to "maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of the Anny." This section requires ".. . operation and maintenance of all of the structures and facilities during flood periods and for continuous inspection and maintenance of the project works during periods oflow water, all without cost to the United States." 33 CFR 208.10 describes those requirements. This regulation is in compliance with the 1936 Flood Control Act, as amended. Our finding is also supported by previous FEMA Office of Legislative Affairs detenninations on similar matters nationwide, such as the appeal ofSte. Genevive Levee District, November 24,2003. The City of Dubuque has the right to appeal our detennination. However, the appeal must be submitted within 60 days of the receipt Dfthe original detennination. This project was denied August 23, 2004. The appeal should be addressed to David L. Miller, Administrator, Iowa Homeland Security and Emergency Management Division, Hoover State Office Building, 1305 E. Walnut, Level A, Des Moines, IA 50319. I hope this infonnation helps you answer the City of Dubuque's concerns. If you need further assistance, please contact Melissa Janssen, External Affairs Specialist, at (816) 283-7081. Sin~r~y, ~/.IY, , 7f'~~-'- .h ~ Ric ard Hall1Je Regional Director WWW.fema.gov ".."To, 0 \35 H^,T s",~ 0"", BOO,"'NG W,,",NGTON. OC 20510-1501 12021224-3744 TTY, 12021 224-4479 o-m'U. ch,"_g""loY@9""'oy"",te.gov """To. j?,ii vi'l 0 721 F'D"" 8U"DONG 2tOW"NoTSre", 0" MO'N". IA 50309-2140 (51512B9-\145 ilnited ~tates ~enBte 0 103 Fm"" CooeTHOO" BO"D'NG 320 6T< S""" S'00xC"".IA5110,.,244 (7121 233-1B60 CHARLES E. GRASS LEY WASHINGTON, DC 20510-1501 0 210 WAT"'OO 80"0'NG 53\ CDMM"C'" Sre", WAT"'OD.IA 50701-5497 (3191 232-6657 0 206 F""", BOWNG 1011"Sre",SE Cm^, "A"o'.IA 5240,.,227 (319)383-6832 0 131Wm3'DST"" SOO>E lBO OA",N'OeT.IA52B01-1419 15631 322-4331 October 4, 2004 0 307 Fm"" 800""NG B SOOT< 6T< S"", COONC" 8'OF".IA 51501-4204 (7121322-7103 Michael C. Van Milligen, City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 City Manager Dear Mr. Van Milligen: Thank you for your letter regarding the costs incurred by the City of Dubuque in operating floodwall pumping stations during the flooding disaster in May 2004. I am glad to have the benefit of the details of this particular situation. In order to be more responsive to your concerns, I have taken the liberty of contacting the Federal Emergency Management Agency and the Army Corps of Engineers regarding this matter. I will be V back in touch with you as soon as the responses are received in my office. You have my best wishes. Sincerely, ~4t7 Charles E. Grassley United States Senator CEG/mld CHAIRMAN, FINANCE Committee Assignments: BUDGET JUDICIARY AGRICULTURE CHAIRMAN, INTERNATIONAL NARCOTICS CONTROL CAUCUS "'N1EO ON ,ECYCeEO 'AP" '" O,S,"'C'. IOWA DISTRICT OFFICES, TOLL FREE HOTLINE 18001927-5212 ,. JIM NUSSLE CHAIRMAN COMMITTEE ON THE BUDGET Home Page Addre.s: h"p"I~,b"d9't.ho"",go, 7t2W",M^,NS""H MANcm"" IA 52057 (5631927-5141 SU6cOMM'Tm TRADE (lCongregg of tbe Œníteb ~tateg ~oUfíe of l\eprefíentatíbefí masfJíngton, jDc!c 20515-1501 209 Wm 4T< S""H DmN'o", IA 52601 (5631326-1841 COMMITTEE ON WAYS AND MEANS 303 CANNON Hoo" O»,co Bo"o,"o W"",NOTON, DC 20515-1501 (2021225-29\1 2255 JO<N F "NNW< ROAO 000000<, IA 52002 (5631 557-774Q October 14, 2004 3641 "'MeA" A"NO< WAT"'OO, IA 50702 {3191235-1109 Home Page Addre..: h"p.I/~,"""'"ho",,,gov Mr. Michael C. Van Milligen City Manager City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 Dear Mike: Please find enclosed a copy of a letter I sent by facsimile to Michael D. Brown, Under Secretary, United States Department of Homeland Security, Emergency Preparedness and Response, Washington, D. C. I indicated my interest in your situation and asked that he respond to your concerns. Mike, if you have any questions or comments, please feel free to contact me or my District Representative, Joseph Huber, in my Manchester office. I welcome the opportunity to be of assistance to the constituents I serve and hope my efforts will be of benefit to the City of Dubuque. This mamng was wep..ed. published. and mailed at taxpaye, e'pense, PRINTED ON RECYCLED PAPER . .JIM NUBBLE 1 ST D'ST"'CT. IOWA DISTRICT OFFICES, TOLL FREE HOTLINE (8001927-5212 CHAIRMAN COMMITTEE ON THE BUDGET Home Page Address: http,'Iwww,budget,hou,e,gov 712 Wm MAON S"'" MANCH",,", IA 52057 156"927-5141 SUBCOMMITTEE. TRADE ~ongrt~~ of tbt 1tntttb ~tatt~ ~O~t of l\tptt~tntatíb~ Da!ifíngton. æqc 20515-1501 209 W", 4'" S"'" D^,ENFO". IA 52801 , 15631326-1841 COMMITTEE ON WAYS ANO MEANS 303 CANNON Hou" O,"C, BU"O'NG W"<oNGTON. DC 20516-1501 (2021 226-2911 2255 JOHN F, "NN'OY ROAO DueuQo<.1A 52002 15631 557-774<J October 14, 2004 3641 "MeA" AV<NUE W",",oo, IA 50702 (319) 236-1109 Homo Pogo Add....: http.II~,"""le.hou'e.gov Mr. Michael D. Brown Under Secretary United States Department of Homeland Security Emergency Preparedness and Response 500 C Street Southwest Washington, DC 20472-0001 Dear Under Secretary Brown: Michael C. Van Milligen contacted my office on behalf of the City of Dubuque (City) requesting assistance with a problem the City is experiencing with the Federal Emergency Management Agency (FEMA). Please find enclosed a copy of his signed letter which authorizes me to inquire on his behalf and outlines the City's situation. Under Secretary Brown, I would like to indicate my interest in this matter and ask that you respond to my constituent's concerns. I appreciate your attention and look forward to your response. Should reimbursement of the expenses in question not be available through FEMA, please advise of any options available through the federal government to assist in addressing these costs. If you have any questions, please feel free to contact me or Joseph Huber, District Representative in my Manchester office. IN/jh cc: Michael C. Van Milligen Enclosure ThIs mailing was prep",Bd. published. and mailed et taxpayer expense, PRINTED ON RECYCLED PAPER