PA ID# 071-91103; San Bernardino County Flood Control District
DSR ID# 26563,17721; Sediment Removal and Creek Bank Restoration of Wilson Creek
Citation: FEMA-1044-DR-CA; San Bernardino County FCD; DSR 26563/17721
Cross Reference: Federal Levee Policy, Eligible Facility
Summary: The winter storms of 1995 (FEMA-1044-DR-CA) caused extensive damage to flood control facilities throughout San Bernardino County. DSR 26563 was prepared to fund sediment removal, creek bank restoration and access road repair of Wilson Creek. During eligibility review, the subgrantee's equipment rates were adjusted to reflect FEMA rates. The subgrantee submitted a request for supplemental funding. During the review of the supplemental request, DSR 26563 was found ineligible on the basis that the channel meets the United States Army Corps of Engineers' (USACE's) definition of a flood control work (FCW), such that restoration funding for the channel would be under the specific authority of the USACE. The subgrantee's first appeal stated that the USACE had determined Wilson Creek was not an FCW. However, the USACE letter supplied by the subgrantee specifically cited Wilson Creek as "active" in the PL-84-99 Rehabilitation and Inspection Program. The Regional Director upheld the initial determination of ineligibility. The second appeal requests a reconsideration of eligibility in light of the Director's recent determination regarding FCWs.
The subgrantee did not appeal the determination that FEMA equipment rates would be used in determining eligible force account equipment costs.
Issues: Is permanent restoration of these flood control facilities eligible for FEMA Public Assistance funding?
Findings: Yes. The FEMA Director has determined that flood control facilities damaged during the 1044/1046 disaster events may be considered eligible facilities under the Public Assistance Program; the scope of work in this DSR may also be considered for permanent restoration funding.
Rationale: Based on a review of the circumstances regarding the implementation of the Federal Levee Policy during the 1044/1046 disaster events, a determination has been made that flood control facilities damaged during these events, and which were found ineligible based on the Federal Levee Policy, may be considered eligible facilities under the Public Assistance Program for these disasters only.