State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP.
This document summarizes an approach for identifying a Provisionally Accredited Levee (PAL) and for provisionally mapping the area behind (landward of) such a levee as Zone X (shaded), pending FEMA’s receipt of all data and documentation required to show compliance with 44 CFR Section 65.10. FEMA established this approach to allow the mapping process to move forward when levees meet the criteria for an applicable scenario identified below, and to give communities and levee owners a specified timeframe to submit all the documentation necessary to show compliance with 44 CFR Section 65.10. The PAL requirements are provided below.
Scenario A - Levees not in the USACE program that are shown as providing base flood protection
Communication with levee owner and/or community:
The FEMA Regional Office will send a letter (template letter for Scenario A) to the appropriate levee owner or community to identify the levees for which 44 CFR Section 65.10 documentation is needed and will provide a copy of this letter to the appropriate USACE district office. The FEMA letter will describe the PAL option and an opportunity for a one-time-only, 1-year “maintenance deficiency correction period” associated with maintenance-deficient levees. This letter will also request that the community/levee owner submit, within 90 days, one of the following:
• A signed agreement stating that, to the best of the community’s/levee owner’s knowledge, the levee in question meets 44 CFR Section 65.10 requirements and all requirements for a PAL application package. See criteria for PAL Scenario A1 below.
• A signed letter stating that the community/levee owner has been notified of the one-time-only, 1-year “maintenance deficiency correction period” and agrees to proceed according to the associated process and requirements. See criteria for PAL Scenario A2 below. This one-time-only “maintenance deficiency correction period” will expire 1 year from the 91st day following the date of the initial notification letter. For the purposes this document, this signed letter will be identified as the “maintenance deficiency letter.”
Procedures for processing PAL Scenario A1 and A2 levees are described in detail below. To help FEMA contractors and mapping partners properly assess how to handle levee mapping issues, a flowchart has been generated that depicts the possible steps for Scenario A levees. This flowchart is presented as Figure 2 at the end of this guidelines document.
Scenario A1: Once the FEMA Regional Office sends the initial notification letter for Scenario A, the community/levee owner will have 90 days to return either the PAL