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Second Appeal Summary
PA ID# 001-91017; Alameda County
DSR ID# Multiple; N/A
Citation: FEMA-1044-DR-CA and 1046-DR-CA; Alameda County; Multiple DSRs
Cross-Reference: Flood Control Works Policy, USACE Levee Program
Summary: As a result of the severe winter storms of 1995, various flood control channels in Alameda County were damaged. The Alameda County Flood Control and Water Conservation District requested FEMA assistance. Consequently, FEMA prepared 46 DSRs to document the damages. The reported damages consisted of erosion of road surfaces, channel banks, and inverts and scouring of riprap from channel drop structures. Each DSR was prepared as "Cat D", except DSRs 20032 (Cat C) and 64516 (Cat B). During review, the Levee Task Force concluded that 26 channels met the USACE definition of a flood control work (FCW). However, because the review incorrectly identified the remaining 20 DSRs as drainage channels, those DSRs were found to be eligible and funding was obligated. The subgrantee appealed the determination that the eligible channel repairs did not include their repair standards. In response, the Regional Director conducted a detailed review and concluded that the 20 channels that had initially been found eligible, also met the USACE definition of an FCW. Accordingly, 20 DSRs were prepared to de-obligate funding. The first appeal response also addressed several individual DSRs which were found ineligible for other reasons, such as the total eligible cost was less than $1,000 and emergency work was found to exceed the eligible scope for "Cat B" work. These determinations were appealed by the subgrantee in their second appeal. Also in their second appeal, the subgrantee contends that FEMA's implementation of the Federal Levee Policy resulted in the ineligibility of their FCWs for FEMA assistance.
- Are the repairs to these FCWs eligible for FEMA assistance?
- Should FEMA overturn any of their first appeal determinations for the individually appealed DSRs?
- No. The damaged facilities meet the USACE definition of an FCW and are, therefore, ineligible for FEMA funding.
- No. The documentation provided by the applicant does not support the applicant's position that these DSRs are eligible for FEMA funding.
Rationale: The USACE has statutory authority to repair flood control works. FEMA does not fund works that fall 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.