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Third Appeal Summary
PA ID# 111-91042; Ventura County Flood Control District
DSR ID# Various ; Flood Control Channels
PURPOSE: Respond to third appeals submitted by the Ventura County Flood Control 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 Ventura County. The FEMA inspector prepared numerous DSRs (17 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. However, the subgrantee was not notified of this determination until the DSRs were finalized, often one year or more 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 facilities 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 these flood control facilities as eligible facilities for this disaster event.
RECOMMENDED ACTION: Sign letter granting these appeals.