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Second Appeal Summary
PA ID# 023-92030; Humboldt County Department of Public Works
DSR ID# N/A; Non-Eligible Facility
Citation: Appeal Brief; Second Appeal; Humboldt County; FEMA-1044-DR-CA, PA# 023-92030
Cross-Reference: Exhibit B; Private Property
Summary: Following the winter storms of 1995, in California, the Sherwood Forest Motel (Motel) was damaged due to the failure of a storm drain located on the Motel's property. A DSR was not prepared because the facility is private and not the legal responsibility of Humboldt County (County). The Motel has filed a lawsuit against the County to recover the cost to repair the damages. The State submitted the first appeal to the Regional Director on June 20, 1996. The subgrantee did not request funding at that time. However, it contended that if the court finds the repair costs to be the subgrantee's legal responsibility, the repair costs should be eligible for FEMA reimbursement. The Regional Director denied the appeal on November 19, 1996, based on section 406 (a)(1) of the Stafford Act. The State submitted the second appeal on May 1, 1997. Again, the subgrantee has not requested funding at this time, and submitted a reiteration of the first appeal. No additional documentation was provided to support the claim that the damages should be eligible for funding.
Issues: Should FEMA agree to fund a project based on a future court decision that could potentially hold the applicant responsible for repairs?
Findings: No. FEMA will defer a determination until after the court renders a decision.
Rationale: Presently, the damages are not eligible because they are on private property and the repairs are not the responsibility of an eligible applicant, pursuant to Stafford Act Section 406 (a)(1) and 44 CFR 206.223 (a)(3). The applicant may appeal to FEMA after the court decides the case.