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<br />In lieu of the data described in Items 1 <br />through 6, an appellant may submit a <br />certification by a Federal agency with <br />the responsibility for levee design that <br />the levee has been adequately designed <br />and constructed to provide 100-year <br />flood protection. <br /> <br />. To support an appeal based on the <br />effects of a flood protecti on system that <br />involves Federal funds and is under <br />construction at the ti me of the appeal, <br />an appellant must submit the following <br />data to show that the requirements of <br />Section 61.12 of the NFIP regulations <br />have been met: <br /> <br />1. Evidence that adequate progress has <br />been made on construction (i.e., <br />evidence that shows that 100 <br />percent of the total cost of the <br />complete system has been <br />authorized, at least 60 percent of the <br />total cost has been appropriated, at <br />least SO percent of the total cost has <br />been expended, all critical features <br />are under construction and each is <br />SO percent completed as measured <br />by the expenditure of budget funds, <br />and the community has not been <br />responsible for any delay in the <br />completion ofthe system) <br /> <br />2. A complete statement of all relevant <br />facts concerning the flood <br />protection system, including, but not <br />limited to, supporting technical <br />data, cost schedules, budget <br />appropriation data, and extent of <br />Federal funding of construction of <br />system. The statement must include <br />information that identifies all <br />persons affected by the system or by <br />the appeal, a full and precise <br />statement of the purpose of the <br />system, and a detailed description of <br />the system, including construction <br />completion target dates. <br /> <br />3. True copies of all contracts, <br />agreements, leases, instruments, and <br />other documents related to system <br /> <br />4. Analysis that shows how the <br />statement of facts (Item 2) and the <br />documents (Item 3) bear on the <br />evidence of adequate progress <br /> <br />S. Statement of whether flood <br />protection system is subject of <br />litigation before any Federal, State, <br />or local court or administrative <br />agency and, if so, pu rpose of that <br />litigation <br /> <br />6. Statement of whether community <br />previously requested a <br />determination concerning same <br />subject and, if so, disposition of <br />request <br /> <br />The procedure described above does not <br />apply when the flood protection system <br />under construction is bei ng fi nanced <br />without Federal funds. <br /> <br />Appeal Resolution Procedures <br /> <br />By a letter to the CEO, FEMA will acknowledge <br />receipt of all appeals submitted. Copies of the <br />acknowledgment letter will be sent to each <br />appellant unless the number of appellants is so <br />great that to do so would not be practical. In <br />such cases, the CEO is responsible for informing <br />the appellants that FEMA has received the <br />appeals. <br /> <br />FEMA will review the appeals and the <br />supporting data submitted with them. If any <br />questions or problems arise, FEMA will work <br />with the CEO, the community official designated <br />by the CEO, or the appellant to resolve them. <br /> <br />If FEMA determines that additional supporting <br />data are required, it will request those data by <br />letter. The letter will be sent to the CEO. A copy <br />of the letter will be sent to the community <br />official designated by the CEO, if appropriate. <br />Copies will also be sent to the individual <br />appellants, if it is practical to do so. <br /> <br />To avoid delaying the resolution of appeals, <br />FEMA allows 30 days for the CEO to provide the <br />requested data. If the data are not provided <br />within the allotted time, FEMA will resolve the <br />appeals using the data originally submitted. If <br /> <br />17 <br />