PA ID# 103-91003; Tehama County Flood Control & Water Conservation District
DSR ID# 15228; Repairs to Salt Creek Levee
Citation: FEMA-1044-DR-CA; Tehama County Flood Control & Water Conservation District; DSR 15228
Cross-Reference: Flood control work, Other Federal agencies
Summary: Flooding in January 1995 caused a 350-foot section of the Salt Creek levee to erode. The repair of the levee entailed replacing aggregate base, re-shaping the embankment, and placing riprap, for a cost of $17,211 as documented by DSR 15228. Because the Salt Creek levee was determined to be a flood control work (FCW) and under the specific authority of the Natural Resources Conservation Service (NRCS), the work was not eligible for FEMA disaster assistance. The first appeal was denied on the same basis. In support of the second appeal, the subgrantee noted an NRCS letter that informed the subgrantee that the work did not meet the requirements of their Emergency Watershed Protection program and was not eligible for funding from that agency. The subgrantee stated that because the repairs of damage sustained during the January 1993 flooding disaster were eligible that the current repairs should also be eligible. The second appeal also noted that FEMA has the authority to fund FCWs per the Stafford Act and that FEMA did not properly coordinate Federal disaster assistance. The subgrantee does not contest that the Salt Creek levee is an FCW.
Is the flood control channel eligible for FEMA assistance?
Did FEMA fail to adequately coordinate Federal disaster assistance, resulting in the subgrantee's loss of assistance from NRCS?
No, the channel meets the USACE definition of an FCW and is, therefore, ineligible for FEMA assistance.
No, the determination of ineligibility for this channel is not due to lack of coordination of Federal disaster assistance on FEMA's part, but rather fur to the subgrantee's failure to adhere to the NRCS's design and maintenance standard for flood control works, and/or the failure to apply to the Emergency Watershed Protection program.
Rationale: Under the current FEMA Levee Policy, permanent restoration of facilities that fit the USACE definition of a "flood control work" is work that is considered to be within the specific authority of either the USACE or the NRCS, and, therefore, not eligible for FEMA assistance. This is true whether or not USACE or NRCS provides any funding for the project.