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Second Appeal Summary
PA ID# 001-91001; Alameda County Flood Control District
DSR ID# 15573 ; Levee Damage
Citation: FEMA-1044-DR-CA; Alameda County Flood Control District; DSR 15573 - Levee damage
Cross-Reference: Flood Control Works, Levee Policy, USACE Levee Program
Summary: As a result of the winter storms of January 1995, heavy rains caused flooding along the Zone 5, Line B levee (Mowry Slough), between the intersection with Line D and the south end of the levee. The heavy flows resulted in erosion and deposition of debris along the embankments and damage to a control arm and flap gate. DSR 15573 (Category D) was prepared for $23,000 to cover costs associated with debris removal and flap gate and embankment repair. Upon review, it was determined that this facility was ineligible for permanent restoration funding because it is a flood control work (FCW) and is, therefore, under the authority of the USACE or NRCS. The subgrantee submitted a first appeal on the basis that USACE does not have responsibility to maintain this channel, therefore, permanent repairs are eligible for FEMA funding. The Regional Director upheld the determination of ineligibility and stated that under current Federal interagency policy, public agencies must look to USACE or NRCS for funding to restore disaster damaged FCWs. In the second appeal, the subgrantee reiterated the first appeal issues and included a letter from the USACE denying funding under the PL 84-99 Program.
Issues: Should FEMA fund the permanent restoration of the Flood Control levee?
Findings: No, the facility has been determined to be a FCW, therefore, permanent repairs are not eligible for FEMA funding.
Rationale: The USACE has statutory authority to repair FCWs. FEMA does not fund works that are under another agency's authority pursuant to 44 CFR 206.226 and the Flood Control Works Policy. This is true whether or not USACE provides any funding for the project.