PA ID# 059-00000; Orange County Environmental Management Agency
DSR ID# Multiple (68); Various DSRs for Flood Control Channels
PURPOSE: Respond to third appeals submitted by the Orange County Environmental Management Agency 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 Orange County. FEMA prepared numerous DSRs (68 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 codes and standards. Appeal responses upheld the initial determinations of ineligibility. The third appeals reiterate much of the earlier positions. It is found that, given the circumstances under which information was provided (or not provided) during the disaster event regarding funding authorities for FCWs, 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. Documentation submitted by the subgrantee as applicable codes and standards was reviewed and determined to not meet the requirements of 44 CFR, Sections 206.226.
RECOMMENDED ACTION: Sign letter partially granting these appeals.