Aerial photo-mapping and helicopter support
Appeal Brief
Appeal Letter
Appeal Analysis
Citation: FEMA-DR-1046-CA; Monterey County; DSR 73432
Cross-Reference: Aerial photomapping, Lodging and food for helicopter flight crews, Search and rescue, Transport of essential supplies and personnel
Summary: Late winter storms in March of 1995 caused flooding in Monterey County, California. DSR 73432 (Category B) was prepared for $38,218 for aerial photomapping, and for food and lodging for helicopter flight crews used for search and rescue missions and related services. The DSR was denied because the activities were not emergency protective measures. The County submitted a first appeal contending that the work described in the DSR was eligible because it was for protection of life and property. The first appeal was denied because insufficient information was provided to justify the reimbursement of funds as emergency protective measures. The County filed a second appeal providing additional data that showed a portion of the reimbursement would be for emergency protective measures. Accordingly, the Regional Director prepared DSR 16778 authorizing $1,760. The balance of the claimed amount was considered to be ineligible.
Issues:
A review of the documentation provided with the second appeal has resulted in the determination that some of the cost items being claimed are ineligible and others are eligible as discussed below. The reference for these determinations is section 403 (a)(3)(B) of the Stafford Act.
TheBACKGROUND
During the March 1995 floods, Monterey County, California sustained damage county-wide to its roadways. Residents were stranded and had to be rescued by air. To assess the damage and assist in the rescue of residents, the County (the subgrantee) deployed helicopters from the California National Guard (CNG) and the US Navy. Costs associated with these operations were incurred by the county. These government resources were supplemented by the County through hiring of helicopter services from commercial sources. The County hired aerial photomapping services from commercial sources to provide accurate county-wide intelligence.
Damage survey report (DSR) 73432 (Category B) was prepared for $38,218 for the following incurred expenses:
Upon review by the Federal Emergency Management Agency (FEMA), the entire DSR amount was determined to be ineligible unless the County demonstrated that there were costs incurred for search and rescue (SAR) operations.
First Appeal
The County submitted their first appeal to the California Office of Emergency Services (OES) on November 21, 1995, contending that the work described in the DSR was eligible per 44 CFR 206.225 because the costs incurred were for emergency protective measures. OES forwarded the County's first appeal to the Regional Director on February 12, 1996, concurring with the County. FEMA denied the appeal in a letter to OES dated July 17, 1996 on the basis that the incurred costs were not for SAR missions but rather were to assess and document the damage.
Second Appeal
A second appeal was filed by the County on September 26, 1996, again citing 44 CFR 206.225 and Section 403 of the Stafford Act and providing data to support that some of the incurred costs were for SAR missions. By letter dated January 24, 1997, OES forwarded the County's second appeal to the Regional Director, concurring with the County except for the aerial overview provided to congressional representatives. The Regional Director agreed with OES that a portion of the DSR was eligible for reimbursement under 44 CFR 206.225, and prepared DSR 16778 to reimburse the County for $1,760 for transportation of response personnel. The remaining $36,458 of the second appeal was forwarded to the Executive Associate Director for resolution in a memorandum dated May 21, 1997.
County has requested reimbursement of $14,200 for aerial photomapping. This cost has been determined to be ineligible because the primary use of the photomapping was for damage identification rather than providing essential assistance to meet immediate threats to life and property.
The County has requested reimbursement of $4,000 for a "grabber" device that was on standby to recover potentially hazardous materials from the flooded rivers. The requirement to have this piece of equipment on standby in order to complete emergency response work has not been established. Further, this equipment was never utilized. Therefore, the standby costs are ineligible.
The County has requested reimbursement of $360 to provide an aerial overview to congressional representatives. The OES agrees with the determination that this cost is ineligible because the activity is not directly related to providing essential assistance.
The remaining $17,898 of the second appeal is eligible for reimbursement because the activities are allowed by the above-referenced section of the Stafford Act. The activities included SAR, and the transport of medicine, food, and essential personnel. The costs are for room and board for the CNG and Navy helicopter pilots, and lubricating oil for the helicopters.
CONCLUSION
A portion of the second appeal should be granted beyond the supplemental DSR for $1,760 granted by the Regional Director. As discussed above, an additional $17,898 of eligible costs has been identified during this review. A supplemental DSR will be written for this amount.
Appeal Brief
| Disaster | FEMA-DR-1046 |
| Applicant | MONTEREY COUNTY |
| Appeal Type | Second |
| PA ID# | 053-00000 |
| PW ID# | 73432 |
| Date Signed | 1997-10-28T05:00:00 |
Cross-Reference: Aerial photomapping, Lodging and food for helicopter flight crews, Search and rescue, Transport of essential supplies and personnel
Summary: Late winter storms in March of 1995 caused flooding in Monterey County, California. DSR 73432 (Category B) was prepared for $38,218 for aerial photomapping, and for food and lodging for helicopter flight crews used for search and rescue missions and related services. The DSR was denied because the activities were not emergency protective measures. The County submitted a first appeal contending that the work described in the DSR was eligible because it was for protection of life and property. The first appeal was denied because insufficient information was provided to justify the reimbursement of funds as emergency protective measures. The County filed a second appeal providing additional data that showed a portion of the reimbursement would be for emergency protective measures. Accordingly, the Regional Director prepared DSR 16778 authorizing $1,760. The balance of the claimed amount was considered to be ineligible.
Issues:
- Are costs incurred by the County for aerial photography, equipment standby, and congressional tours eligible?
- Are costs incurred by the County for commercial helicopter services (excluding aerial photography), and for lodging and food for the crews of government-owned helicopters eligible?
- No. These are not essential services that eliminate or lessen immediate threat to life, public health or safety, or significant damage to improved property.
- Yes. The helicopters were used to perform search and rescue missions, and to transport essential supplies and personnel.
Appeal Letter
October 28, 1997
Ms. Nancy Ward
Governor's Authorized Representative
California Office of Emergency Services
P.O. Box 239013
Sacramento, California 95823
Dear Ms. Ward:
This letter is in response to your January 24, 1997, transmittal of the Monterey County's second appeal of DSR 73432 under FEMA-1046-DR-CA. The applicant is requesting reimbursement for photo-mapping damaged areas, helicopter support, and related expenses.
Based on a review of the documentation submitted, I have granted a portion of this appeal for the reasons explained in the enclosed appeal analysis. Specifically, I have determined that the costs for certain commercial helicopter services, lodging and food for the crews of government-owned helicopters, and oil for these helicopters that were previously denied are eligible for reimbursement. I have requested that the Regional Director prepare a supplemental DSR for $17,898 for these items. However, the appeal for the aerial mapping and the standby grabber costs is denied.
Please inform the applicant of this determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
Ms. Nancy Ward
Governor's Authorized Representative
California Office of Emergency Services
P.O. Box 239013
Sacramento, California 95823
Dear Ms. Ward:
This letter is in response to your January 24, 1997, transmittal of the Monterey County's second appeal of DSR 73432 under FEMA-1046-DR-CA. The applicant is requesting reimbursement for photo-mapping damaged areas, helicopter support, and related expenses.
Based on a review of the documentation submitted, I have granted a portion of this appeal for the reasons explained in the enclosed appeal analysis. Specifically, I have determined that the costs for certain commercial helicopter services, lodging and food for the crews of government-owned helicopters, and oil for these helicopters that were previously denied are eligible for reimbursement. I have requested that the Regional Director prepare a supplemental DSR for $17,898 for these items. However, the appeal for the aerial mapping and the standby grabber costs is denied.
Please inform the applicant of this determination. The applicant may submit a third appeal to the Director of FEMA. The appeal must be submitted through your office and the Regional Director within 60 days of receipt of this determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
Appeal Analysis
DISCUSSIONA review of the documentation provided with the second appeal has resulted in the determination that some of the cost items being claimed are ineligible and others are eligible as discussed below. The reference for these determinations is section 403 (a)(3)(B) of the Stafford Act.
TheBACKGROUND
During the March 1995 floods, Monterey County, California sustained damage county-wide to its roadways. Residents were stranded and had to be rescued by air. To assess the damage and assist in the rescue of residents, the County (the subgrantee) deployed helicopters from the California National Guard (CNG) and the US Navy. Costs associated with these operations were incurred by the county. These government resources were supplemented by the County through hiring of helicopter services from commercial sources. The County hired aerial photomapping services from commercial sources to provide accurate county-wide intelligence.
Damage survey report (DSR) 73432 (Category B) was prepared for $38,218 for the following incurred expenses:
$ 8,460.00 | |
$ 14,200.00 | |
$ 607.31 | |
$ 14,951.54 |
Upon review by the Federal Emergency Management Agency (FEMA), the entire DSR amount was determined to be ineligible unless the County demonstrated that there were costs incurred for search and rescue (SAR) operations.
First Appeal
The County submitted their first appeal to the California Office of Emergency Services (OES) on November 21, 1995, contending that the work described in the DSR was eligible per 44 CFR 206.225 because the costs incurred were for emergency protective measures. OES forwarded the County's first appeal to the Regional Director on February 12, 1996, concurring with the County. FEMA denied the appeal in a letter to OES dated July 17, 1996 on the basis that the incurred costs were not for SAR missions but rather were to assess and document the damage.
Second Appeal
A second appeal was filed by the County on September 26, 1996, again citing 44 CFR 206.225 and Section 403 of the Stafford Act and providing data to support that some of the incurred costs were for SAR missions. By letter dated January 24, 1997, OES forwarded the County's second appeal to the Regional Director, concurring with the County except for the aerial overview provided to congressional representatives. The Regional Director agreed with OES that a portion of the DSR was eligible for reimbursement under 44 CFR 206.225, and prepared DSR 16778 to reimburse the County for $1,760 for transportation of response personnel. The remaining $36,458 of the second appeal was forwarded to the Executive Associate Director for resolution in a memorandum dated May 21, 1997.
County has requested reimbursement of $14,200 for aerial photomapping. This cost has been determined to be ineligible because the primary use of the photomapping was for damage identification rather than providing essential assistance to meet immediate threats to life and property.
The County has requested reimbursement of $4,000 for a "grabber" device that was on standby to recover potentially hazardous materials from the flooded rivers. The requirement to have this piece of equipment on standby in order to complete emergency response work has not been established. Further, this equipment was never utilized. Therefore, the standby costs are ineligible.
The County has requested reimbursement of $360 to provide an aerial overview to congressional representatives. The OES agrees with the determination that this cost is ineligible because the activity is not directly related to providing essential assistance.
The remaining $17,898 of the second appeal is eligible for reimbursement because the activities are allowed by the above-referenced section of the Stafford Act. The activities included SAR, and the transport of medicine, food, and essential personnel. The costs are for room and board for the CNG and Navy helicopter pilots, and lubricating oil for the helicopters.
CONCLUSION
A portion of the second appeal should be granted beyond the supplemental DSR for $1,760 granted by the Regional Director. As discussed above, an additional $17,898 of eligible costs has been identified during this review. A supplemental DSR will be written for this amount.
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