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Second Appeal Summary
PA ID# 059-68028; San Juan Capistrano
DSR ID# 89546; Flood Control Channels
Citation: FEMA-1046-DR-CA; San Juan Capistrano, San Juan Creek
Cross-Reference: Flood Control Works, Permanent Restoration, Other Federal Agencies, Coordination of Federal Disaster Assistance
Summary: The City of San Juan Capistrano is requesting funding of $326,000 for permanent repairs to San Juan Creek. The creek is a flood control channel, which suffered bank erosion during the 1995 winter storms. The channel meets the USACE definition of a flood control work (FCW). Therefore, in accordance with the FEMA Levee Policy, the channel was under the specific authority of another federal agency, and ineligible for FEMA funding. The basis of the applicant's second appeal is that FEMA failed to perform its obligation to coordinate federal disaster assistance, resulting in the loss of federal assistance to the applicant, and that in the absence of funding from other federal agencies, FEMA should fund the repairs. The applicant does not contest that the channel is an FCW.
- Is the flood control channel eligible for FEMA assistance?
- Did FEMA fail to adequately coordinate Federal disaster assistance, resulting in the applicant's loss of assistance from the USACE?
- No. The channel meets the USACE definition of an FCW and is, therefore, ineligible for FEMA assistance.
- No. The determination of ineligibility for the channel is not due to a lack of coordination of Federal disaster assistance on FEMA's part. Rather, it is due to the fact that the USACE has responsibility for repairing the facilities.
Rationale: Under the current FEMA Levee Policy, permanent restoration of facilities meeting the USACE definition of a "flood control work" is considered to be within the specific authority of either the USACE or the NRCS. Therefore, this work is not eligible for FEMA assistance. This is true whether or not USACE or NRCS provides any funding for the project.