Cross Reference: Dam, eligible applicant, private, investor-owned company
Summary: Following the flood disaster in December 1996, the applicant submitted a Notice of Interest (NOI) for Public Assistance to repair a dam under its ownership. The NOI was inadvertently submitted to the Hazard Mitigation Grant Program and was not submitted to the Public Assistance Program until after the application period had closed. FEMA denied consideration of the NOI due to the untimeliness of its submittal. Upon first appeal, FEMA accepted the NOI and reviewed the application based on eligibility criteria. The Regional Director denied the appeal explaining that the applicant did not meet the regulatory criteria for consideration as an eligible applicant. The State submitted the applicant's second appeal to the Executive Associate Director contending that it is a public utility and any member of the public may use the applicant's facilities if they pay for the service and are within the established service area. Furthermore, the applicant contends that the dam is eligible for repair because: 1) Representatives of the United States Department of Agriculture and the State Dam Safety office determined that the dam needs to be repaired. 2) FEMA never reviewed the application based on need. 3) The California Public Utilities Commission directs the applicant. In addition, Brown's Valley Irrigation District and Olivehurst's Water District are not public agencies, but received FEMA assistance. As these districts are not State or local government agencies, the applicant believes FEMA defines them as public entities. Because the applicant provides a similar service, it believes it is a public entity and is eligible for FEMA funding. 4) The applicant questions why the dam is eligible to receive Hazard Mitigation Grant Program assistance for retrofitting, but the dam is not eligible for permanent restoration assistance. 5) The applicant is an eligible public entity under 44 CFR 206.221(g).
Issues: Is Yuba Investment Company an eligible applicant?
Findings: No. The applicant is a private, investor-owned corporation. It is not a State or local government, special district of the State, Indian tribe or tribal organization, eligible Private Non-Profit organization, or a public entity.