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Second Appeal Summary
PA ID# 000-92114; Reclamation District No. 2044
DSR ID# N/A; King Island
Citation: FEMA-1155-DR-CA; Reclamation District 2044, King Island
Cross Reference: Hazard Mitigation; Conditions precedent to disaster assistance eligibility
Summary: On April 28, 1987, the FEMA/State Agreement for FEMA-758-DR-CA was modified by Amendment #5. Pursuant to Amendment #5, the subgrantee was required to upgrade levees by September 10, 1991 to meet the criteria of the Flood Hazard Mitigation Plan (HMP), titled the "Short-Term Levee Rehabilitation Plan of September 15, 1983." Further, the amendment stated that failure to meet that deadline, without justification acceptable to FEMA, would result in a determination by FEMA of ineligibility for future disaster assistance. At the September 21, 1991, deadline the subgrantee had 2% of its levee to upgrade in order to comply with the requirements of the HMP and Amendment #5. The subgrantee, therefore, requested a series of time extensions. The last time extension that was granted was to June 30, 1993. By June 30, 1993, the requirements of the HMP and Amendment #5 had still not been met. The subgrantee submitted a letter dated January 9, 1995, stating that all minimum requirements of the HMP had been met. An inspection was conducted in June 1995 which showed that there was 4200 feet of levee that did not meet the requirements of the HMP. Another review conducted in 1997 showed that the subgrantee was still not in compliance. The subgrantee appealed this determination stating that they were in substantial compliance. The first appeal was denied. In the second appeal, the subgrantee states that all but 121 feet of the levee meets the requirements of the HMP.
Issues: Did the subgrantee meet the mitigation requirements of Amendment #5 by the September 10, 1991, deadline or meet the requirements by the date established by approved time extensions?
Findings: No. The last approved time extension was to June 30, 1993. All documentation shows that the subgrantee had not met the short-term mitigation requirements by June 30, 1993. The subgrantee is not, therefore, eligible for disaster assistance.
Rationale: Amendment #5 of the FEMA/State Agreement for FEMA-758-DR-CA