George W. Bush
President of the United States
The White House
1600 Pennsylvania Ave., NW
Washington, DC 20500

Dear Mr. President:

Thank you for your attention and efforts in the face of last fall’s historic hurricanes.  We are writing regarding a crucial issue concerning the effective delivery of hurricane disaster relief pursuant to your powers to render aid under the Stafford Act (42 U.S.C. 5121).

As you are aware, the four hurricanes that struck the State of Florida caused enormous devastation and damage to property, waterways, homes and individual’s lives.  Under the Stafford Act, the President is authorized to render federal assistance to states, localities, and certain non-profit organizations to provide care, restore damaged or destroyed facilities, clear debris, and aid individuals and families with uninsured needs.

The Administration requested, and Congress appropriated, funds for this purpose through the to the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005 (PL 108-324) and the Emergency Supplemental of 2004 (PL 108-303).

Less than two months from the start of the 2005 hurricane season, several counties that suffered extensive damage due to the hurricanes are still waiting for FEMA to reimburse them for debris removal.  In addition, FEMA’s laborious paperwork and reviews have the potential to derail budgets of smaller counties with limited resources.  In many instances, these localities withstood some of the worst hurricane damage. 

The Department of Homeland Security, Federal Emergency Management Agency (FEMA) must recognize their current statuary authority in order to effectively respond to Florida hurricane related damage.  On March 15, 2005, a Colloquy took place on the floor of the House of Representatives recognizing FEMA’s current statuary authority regarding the eligibility of debris removal on private lands.  

The Stafford Act gives specific statutory authorization for private debris removal stipulating, “The President, whenever he determines it to be in the public interest, is authorized through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters.  Sec. 5173 {Sec. 407}.

Florida localities have received conflicting guidance by FEMA regarding eligibility for reimbursement for debris removal on private roads.  In the immediate aftermath of the 2004 hurricanes, FEMA representatives advised countries that debris should be removed and would be reimbursed by the agency. (Florida Association of Counties)  FEMA later issued a policy memorandum, Disaster Guidance #8, stating the removal of debris from private or grated communities is not the responsibility of the local government.

Clearly, under the terms of the Stafford Act, the President has the authority to reimburse counties for debris removal on public and private roads in the aftermath of a natural disaster when it is found to be in the public interest.  FEMA cannot abdicate its responsibility to ensure that the health, safety and welfare of its residents are protected, as risks of debris on public and private roadways may pose a threat to the entire community.

Therefore, we ask that you exercise your authority pursuant to the Stafford Act and direct FEMA to fulfill its obligation regarding reimbursement for debris removal on private roads.  Furthermore, we ask you to expedite FEMA assistance in order to enable Florida localities to move forward toward recovery following the devastation of the hurricanes nearly nine months ago.

Thank you again for your efforts in this regard.

Sincerely,

Florida Congressional Delegation