On December 22, FEMA issued a formal letter to the Haines Borough, explaining in detail their decision to terminate funding for repairs to Porcupine Road. The agency’s determination leaves Haines Borough responsible for more than one million dollars in work already incurred on the project.
The Federal Emergency Management Agency decided that the Haines Borough’s request for reimbursement for repairs done to Porcupine Trail Road “is denied in full.” The Borough is on the hook for $1.4 million dollars of repairs already completed.
FEMA cited several cases of noncompliance that make the Porcupine Trail Road ineligible for reimbursement.
FEMA requires municipalities spending disaster relief to comply with the scope of work approved by the federal agency. FEMA authorized the borough to repair five miles of the seven mile Porcupine Trail Road to a width of 22 feet. This was the width of the road before the December 2020 storm caused extensive damage to the road. If repairs to the road resulted in a road that was wider than 22 feet, it would need prior written approval from FEMA.
According to the letter, “The average width of the road (including the shoulders which averaged four feet on each side) significantly increased the area of ground disturbance, by approximately 2.28 acres, beyond the FEMA approved scope of work.”
FEMA requires written approval for any changes to a project. The agency authorized repairs to Porcupine Trail Road at nine damage sites. During the timeframe that these sites were to be repaired, the Haines Borough also authorized repairs on other parts of the road, like the approach to Porcupine Trail Bridge. This work was completed by a third party, Constantine Mining. Some of those repairs were not affiliated with FEMA funding, but because they were completed on the same road, they are considered what the agency calls “connected actions” that also needed prior approval.
FEMA also found that repair work already completed did not meet the requirements of the National Environmental Policy Act. The letter went on to explain that FEMA was not given the legally required opportunity to consult with the Chilkat Indian Village about the impact of the repairs to their community. After the fact, FEMA did consult with the tribal government, where concerns were expressed that the upgraded and expanded road had eliminated Traditional Cultural Significance areas, including traditional soapberry gathering areas.
Haines Borough Manager Annette Kreitzer says there is a sixty-day window to appeal the decision. She said that this countdown does not start until FEMA officially files the paperwork, which the agency has yet to do.
Kreitzer says that the Borough Assembly is not expected to vote on whether or not to appeal at its next meeting. She says that the Assembly will wait to discuss an appeal at the January 23rd Assembly meeting. In the meantime, she is working with the project engineer to determine what an appeal would look like, if the assembly decides to take that route.
Mayor Tom Morphet says that he will advise the Assembly to appeal the decision. He says that Haines does “not have $1.4 million lying around,” and that we have to exhaust that option, because he doesn’t see any other possible course of action.
Last November, the borough received word from FEMA informing them that the repair work on Porcupine Trail Road had been determined to be “non compliant.” The borough was waiting for the December 22 letter for details about why FEMA determined noncompliance and how much borough funding already committed to the project would be considered ineligible for reimbursement.
