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Third Appeal Summary
PA ID# 067-64000; City of Sacramento
DSR ID# 07930; Arcade Creek
PURPOSE: Respond to third appeal of the City of Sacramento for restoration of Arcade Creek.
DISCUSSION: During the 1995 winter storms (FEMA-1044-DR-CA), portions of Arcade Creek were eroded. The subgrantee requested assistance through the USACE's PL 84-99 Program but was denied funding because the Creek deficiencies previously identified by the USACE had not been corrected. The subgrantee requested disaster assistance from FEMA for the repair of the Creek. DSR 07930 was prepared to repair the Creek for a total estimated cost of $366,035. However, during eligibility review, it was determined that as an FCW, the Creek would be under the specific authority of the USACE and, therefore, not eligible for FEMA assistance. The subgrantee submitted first and second appeals asserting that this section of the creek does not meet eligibility criteria for USACE funding. The Regional Director and Executive Associate Director upheld the determination that this portion of the Creek is an FCW, and as such, permanent restoration funding is within the specific authority of the USACE and, therefore, ineligible for FEMA assistance, regardless of whether the USACE provides any funding for the project. The subgrantee's third appeal restates their first and second appeal positions. However, 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 Arcade Creek as an eligible facility for this disaster event. A supplemental DSR will be prepared to fund the eligible portion of the requested scope of work.
RECOMMENDED ACTION: Sign letter granting this appeal.