PA ID# 071-91103; San Bernardino County Flood Control District
DSR ID# 95336; Cypress Flood Control Channel
PURPOSE: Respond to third appeal submitted by the San Bernardino County Flood Control District for permanent restoration of Cypress Channel, a flood control facility.
DISCUSSION: The winter storms of March 1995 (FEMA-1046-DR-CA) caused damage to Cypress Channel, in San Bernardino County. FEMA DSR 95336 was prepared to fund repairs of the channel, but it 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 and second appeals challenged the classification of this facility as an FCW. Appeal responses upheld the initial determinations of ineligibility. The third appeal is requesting a reconsideration of eligibility for DSR 95336 in light of FEMA's recent determination regarding the eligibility of FCWs damaged in the 1044/1046 disaster events. It is found that information regarding the eligibility of FCWs was not provided in a timely manner in these disasters. Therefore, there is sufficient basis to consider this flood control facility as an eligible facility for this disaster event. A supplemental DSR will be prepared for the eligible scope of work described in the attached analysis.
RECOMMENDED ACTION: Sign letter granting this appeal.