• The effective FIRM shows the levee as providing protection from the base flood;
• No available information indicates the levee does not provide base flood protection; and
• The project inspection rating is within an acceptable range (as defined by the USACE).
Communication with levee owner, community, and/or local project sponsor:
The FEMA Regional Office will send a letter (template letter for Scenario B) to the appropriate community/levee owner/local project sponsor identifying the levees that meet the above criteria and qualify for the PAL option. This letter will describe the PAL option and request that the community/levee owner/local project sponsor sign an agreement stating that, to the best of their knowledge, the levees in question meet 44 CFR Section 65.10 requirements.
If full documentation to comply with the requirements of 44 CFR Section 65.10 is readily available when the initial notification letter is sent, the FEMA Regional Office will request that the community/levee owner/local project sponsor provide these documents within 30 days. If the community/levee owner/local project sponsor requires time to gather the proper documentation, they will choose to submit the PAL application package. For any community/levee owner/local project sponsor that chooses the PAL, the documentation required to comply with 44 CFR Section 65.10 requirements must be submitted within 24 months of the 91st day following the date of the initial notification letter. Certification by a Registered Professional Engineer must accompany the submitted 44 CFR Section 65.10 data in compliance with Paragraph 65.10(e). As an alternative, USACE may also certify that the levee has been adequately designed and constructed to provide protection against the base flood. In addition, the community/levee owner/local project sponsor must submit a progress report to FEMA after 12 months to document progress toward obtaining data and documentation to comply with 44 CFR Section 65.10
Several conditions could occur that may result in the PAL designation being rescinded and FEMA taking immediate action to revise the DFIRM in the area landward of the levee. If any of the following conditions apply, FEMA will remap the area landward of the levee will be remapped and shown as Zone AE or Zone A, depending on the type of study performed for the area:
• The signed PAL agreement is not returned to FEMA within 90 days of the initial notification letter.
• The full documentation for 44 CFR Section 65.10 is not provided within 24 months of the final day of the 90-day agreement period.
• The 12-month PAL progress report is not provided to FEMA, and the FEMA Regional Office believes rescission is necessary.
• The data submitted to meet the requirements of 44 CFR Section 65.10 or the PAL application are determined to be inadequate.