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Second Appeal Summary
PA ID# 111-91042; Ventura County
DSR ID# Multiple; Flood Control Works
Citation: FEMA-1044/1046-DR-CA, Flood Control works, Ventura County
Cross-Reference: Flood control works, Levee Policy, USACE Levee Program
Summary: The winter storms of January and March 1995 caused extensive damage to flood control facilities throughout Ventura County. FEMA prepared numerous DSRs to fund repairs to flood control facilities, but determined they were ineligible for FEMA assistance because the U.S. Army Corps of Engineers has statutory authority to repair flood control works. The Regional Director sustained these decisions on first appeal.
Issue: Are the repair of flood control works eligible for FEMA assistance?
Findings: Emergency work may be eligible for FEMA funding. Permanent work is not eligible.
Rationale: The USACE has statutory authority to repair flood control works. FEMA does not fund work that falls under another agency's authority pursuant to 44CFR