PA ID# 001-91017; Alameda County Flood Control and Water Conservation District
DSR ID# Multiple (66); Various DSRs for Flood Control Channels
PURPOSE: Respond to third appeals submitted by the Alameda County Flood Control and Water Conservation District for permanent restoration of various flood control facilities.
DISCUSSION: The winter storms of January and March 1995 (FEMA-1044/1046-DR-CA) caused extensive damage to flood control facilities throughout Alameda County. FEMA prepared numerous DSRs (66 in appeal) to fund repairs to various flood control facilities. The DSRs were found ineligible on the basis that the channels meet 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 primarily challenged the Federal Levee Policy and FEMA's coordination of disaster assistance as it relates to FCWs and the Policy as well as FEMA's denial of their channel repair standards. Appeal responses upheld the initial determinations of ineligibility. The third appeal reiterates much of the earlier positions. 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 these flood control facilities as eligible facilities for this disaster event. Supplemental DSRs will be prepared for the eligible scope of work described in the attached analysis. However, the subgrantee's codes and standards are not eligible.
RECOMMENDED ACTION: Sign letter partially granting these appeals.