PA ID# 103-91003; Tehama County Flood Control & Water Conservation District
DSR ID# 15228; Repairs to Salt Creek Levee
PURPOSE: Respond to third appeal submitted by the Tehama County Flood Control and Water Conservation District for permanent restoration of the Salt Creek Levee.
DISCUSSION: The winter storms of January 1995 (FEMA-1044-DR-CA) eroded approximately 350 feet of the Salt Creek Levee. FEMA prepared DSR 15228 for $17,211 for the permanent restoration of the facility. The DSR 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 Natural Resources Conservation Service. However, the subgrantee was not notified of this determination until the DSR was finalized, more than six months after the initial site inspection. The subgrantee's first and second appeals primarily challenged the Federal Levee Policy as well as FEMA's coordination of disaster assistance as it relates to FCWs and the Policy. Appeal responses upheld the initial determinations of ineligibility. The third appeal reiterates much of the earlier positions, plus indicates that the subgrantee received funding for the same facility in previous disasters, suggesting that FEMA's application of this Policy was inconsistent and misleading. It is found that, given the circumstances under which information was provided during the disaster event regarding funding authorities for FCWs, there is sufficient basis to consider the Salt Creek Levee as an eligible facility for this disaster event.
RECOMMENDED ACTION: Sign letter granting this appeal.