Snow Removal
Appeal Brief
Appeal Letter
Citation: FEMA-1203-DR-CA; San Bernardino County Department of Transportation; DSR 50781
Cross- Reference: Snowstorm; Snow Removal; Interim Snow Policy; Emergency Protective Measures
Summary: Following the El Nino storms of 1998, San Bernardino County Department of Transportation (subgrantee) removed snow from approximately 410 miles of roads. FEMA prepared DSR 50781 for $214,786 to fund snow removal from County- maintained roads. FEMA determined the eligible costs over a three- month period ($649,786) and reduced this amount by the County's snow removal budget for the same three- month period ($435,000). By this approach, FEMA funded the eligible costs above the amount that had been budgeted for by the County. The subgrantee submitted a first appeal disagreeing with FEMA's methodology for determining the approved eligible cost. The subgrantee asserted that the budgeted amount FEMA used in its calculation included eligible and ineligible costs and, therefore, resulted in a higher reduction to the final approved amount. The subgrantee proposed a different methodology and requested that DSR 50781 be revised to increase the approved amount to $538,840. FEMA's Regional Director denied the appeal because the subgrantee did not provide documentation to support its request. In the second appeal, the subgrantee reiterates its disagreement with FEMA's methodology. The Governor's Office of Emergency Services supports the subgrantee's second appeal, but suggests a smaller increase in eligible funding.
Issues: Is the applicant eligible for any additional funding for snow removal?
Findings: No. The disaster was not based on snowfall. Therefore, only limited assistance for snow removal is eligible based on a determination by the Federal Coordinating Officer.
Rationale: 44 CFR 206.227; FEMA's Interim Snow Policy dated December 3, 1997
Appeal Brief
| Disaster | FEMA-1203-DR |
| Applicant | San Bernardino County Department of Transportation |
| Appeal Type | Second |
| PA ID# | 071-00000 |
| PW ID# | 50781 |
| Date Signed | 2000-06-29T04:00:00 |
Cross- Reference: Snowstorm; Snow Removal; Interim Snow Policy; Emergency Protective Measures
Summary: Following the El Nino storms of 1998, San Bernardino County Department of Transportation (subgrantee) removed snow from approximately 410 miles of roads. FEMA prepared DSR 50781 for $214,786 to fund snow removal from County- maintained roads. FEMA determined the eligible costs over a three- month period ($649,786) and reduced this amount by the County's snow removal budget for the same three- month period ($435,000). By this approach, FEMA funded the eligible costs above the amount that had been budgeted for by the County. The subgrantee submitted a first appeal disagreeing with FEMA's methodology for determining the approved eligible cost. The subgrantee asserted that the budgeted amount FEMA used in its calculation included eligible and ineligible costs and, therefore, resulted in a higher reduction to the final approved amount. The subgrantee proposed a different methodology and requested that DSR 50781 be revised to increase the approved amount to $538,840. FEMA's Regional Director denied the appeal because the subgrantee did not provide documentation to support its request. In the second appeal, the subgrantee reiterates its disagreement with FEMA's methodology. The Governor's Office of Emergency Services supports the subgrantee's second appeal, but suggests a smaller increase in eligible funding.
Issues: Is the applicant eligible for any additional funding for snow removal?
Findings: No. The disaster was not based on snowfall. Therefore, only limited assistance for snow removal is eligible based on a determination by the Federal Coordinating Officer.
Rationale: 44 CFR 206.227; FEMA's Interim Snow Policy dated December 3, 1997
Appeal Letter
June 29, 2000
Mr. D. A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Assistance Program Branch, Public Assistance Section
PO Box 419023
Rancho Cordova, CA 95741-9023
Re: Second Appeal; San Bernardino County - Transportation Department; FEMA-1203-DR-CA; DSR 50781
Dear Mr. Christian:
This is in response to your February 17, 2000, letter transmitting the San Bernardino County Transportation Department's (subgrantee's) above referenced second appeal. The subgrantee disagrees with the Federal Emergency Management Agency's (FEMA's) method for determining the eligible cost for Damage Survey Report (DSR) 50781.
On October 26, 1998, FEMA prepared DSR 50781 for $214,786 to fund snow removal from County-maintained roads. FEMA determined the eligible costs over a three-month period ($649,786) and reduced this amount by the County's snow removal budget for the same three-month period ($435,000). By this approach, FEMA funded the eligible costs above the amount that had been budgeted for by the County.
By a letter dated March 29, 1999, the Governor's Office of Emergency Services (OES) transmitted the subgrantee's first appeal. The subgrantee disagreed with FEMA's methodology for determining the approved eligible cost. The subgrantee asserted that the budgeted amount FEMA used in its calculation included eligible and ineligible costs and, therefore, resulted in a higher reduction to the final approved amount. The subgrantee proposed a different methodology and requested that DSR 50781 be revised to increase the approved amount to $538,840. In a letter dated August 16, 1999, the Regional Director denied the appeal because the subgrantee did not submit documentation to support its request. The subgrantee submitted a second appeal on October 20, 1999, which reiterates the information contained in the first appeal. OES supports the appeal, but suggests a smaller increase in eligible funding.
On December 3, 1997, FEMA published its Interim Snow Policy. This policy provided procedures and guidance relating to 44 CFR 206.227, Snow assistance, which states, "(e)mergency or major disaster declarations based on snow or blizzard conditions will be made only for cases of record or near record snowstorms, as established by official government records. Federal assistance will be provided for all costs eligible under 44 CFR 206.225 for a specified period of time which will be determined by the circumstances of the event." The policy states that a major disaster based on snowfall could be declared if the affected counties experienced a record or near record snowfall based on historical snowfall information. FEMA recognizes that response to normal snowstorms is within State and local capability; therefore, Federal assistance is necessary only when snowfall reached record or near record levels. If the affected counties received those levels of snowfall and a declaration was made, then 48 hours of assistance would be provided for snow removal and other emergency protective measures.
This assistance was intended to cover force account overtime and equipment costs, contract costs, and other related costs for a 48-hour period for the purpose of opening access to critical facilities and for movement of emergency vehicles. The 48-hour period is an approximation of the time that is necessary to open such access and it was not intended to cover the total snow removal costs or any specific portion of the costs expended by or budgeted by State and local governments. While it may be necessary for snow removal efforts to extend beyond a 48-hour period, Federal assistance was intended to be limited in nature to provide for only the most critical emergency needs. Any requests for additional assistance were to be evaluated on a case by case basis.
Disaster DR-1203 was based on severe winter storms and flooding, not record or near record snowfall. Therefore, the provision of 48 hours of assistance does not apply. However, the Interim Snow Policy allows the Federal Coordinating Officer to provide limited assistance for snow removal when it is incidental to the recovery effort. Specifically, paragraph 8.f. of the policy states that, "(e)mergencies and major disasters declared for infrastructure damage may also require the removal of snow (e.g. to access debris). In those cases, a very limited level of snow assistance, incidental to the recovery, will be eligible for reimbursement. This limitation does not countervail the exercise of public health and safety measures by the Federal Coordinating Officer."
The Federal Coordinating Officer determined that some snow removal was necessary to eliminate immediate threats to public health and safety and to open emergency access routes. I support that determination. However, since the disaster was not based on snowfall, additional assistance for snow removal is not eligible. Therefore, I am denying the appeal. Eligible funding remains at the approved amount of $ 214,786.
Please inform the applicant of my decision. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Whetstone
Regional Director
FEMA Region IX
Mr. D. A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Disaster Assistance Program Branch, Public Assistance Section
PO Box 419023
Rancho Cordova, CA 95741-9023
Re: Second Appeal; San Bernardino County - Transportation Department; FEMA-1203-DR-CA; DSR 50781
Dear Mr. Christian:
This is in response to your February 17, 2000, letter transmitting the San Bernardino County Transportation Department's (subgrantee's) above referenced second appeal. The subgrantee disagrees with the Federal Emergency Management Agency's (FEMA's) method for determining the eligible cost for Damage Survey Report (DSR) 50781.
On October 26, 1998, FEMA prepared DSR 50781 for $214,786 to fund snow removal from County-maintained roads. FEMA determined the eligible costs over a three-month period ($649,786) and reduced this amount by the County's snow removal budget for the same three-month period ($435,000). By this approach, FEMA funded the eligible costs above the amount that had been budgeted for by the County.
By a letter dated March 29, 1999, the Governor's Office of Emergency Services (OES) transmitted the subgrantee's first appeal. The subgrantee disagreed with FEMA's methodology for determining the approved eligible cost. The subgrantee asserted that the budgeted amount FEMA used in its calculation included eligible and ineligible costs and, therefore, resulted in a higher reduction to the final approved amount. The subgrantee proposed a different methodology and requested that DSR 50781 be revised to increase the approved amount to $538,840. In a letter dated August 16, 1999, the Regional Director denied the appeal because the subgrantee did not submit documentation to support its request. The subgrantee submitted a second appeal on October 20, 1999, which reiterates the information contained in the first appeal. OES supports the appeal, but suggests a smaller increase in eligible funding.
On December 3, 1997, FEMA published its Interim Snow Policy. This policy provided procedures and guidance relating to 44 CFR 206.227, Snow assistance, which states, "(e)mergency or major disaster declarations based on snow or blizzard conditions will be made only for cases of record or near record snowstorms, as established by official government records. Federal assistance will be provided for all costs eligible under 44 CFR 206.225 for a specified period of time which will be determined by the circumstances of the event." The policy states that a major disaster based on snowfall could be declared if the affected counties experienced a record or near record snowfall based on historical snowfall information. FEMA recognizes that response to normal snowstorms is within State and local capability; therefore, Federal assistance is necessary only when snowfall reached record or near record levels. If the affected counties received those levels of snowfall and a declaration was made, then 48 hours of assistance would be provided for snow removal and other emergency protective measures.
This assistance was intended to cover force account overtime and equipment costs, contract costs, and other related costs for a 48-hour period for the purpose of opening access to critical facilities and for movement of emergency vehicles. The 48-hour period is an approximation of the time that is necessary to open such access and it was not intended to cover the total snow removal costs or any specific portion of the costs expended by or budgeted by State and local governments. While it may be necessary for snow removal efforts to extend beyond a 48-hour period, Federal assistance was intended to be limited in nature to provide for only the most critical emergency needs. Any requests for additional assistance were to be evaluated on a case by case basis.
Disaster DR-1203 was based on severe winter storms and flooding, not record or near record snowfall. Therefore, the provision of 48 hours of assistance does not apply. However, the Interim Snow Policy allows the Federal Coordinating Officer to provide limited assistance for snow removal when it is incidental to the recovery effort. Specifically, paragraph 8.f. of the policy states that, "(e)mergencies and major disasters declared for infrastructure damage may also require the removal of snow (e.g. to access debris). In those cases, a very limited level of snow assistance, incidental to the recovery, will be eligible for reimbursement. This limitation does not countervail the exercise of public health and safety measures by the Federal Coordinating Officer."
The Federal Coordinating Officer determined that some snow removal was necessary to eliminate immediate threats to public health and safety and to open emergency access routes. I support that determination. However, since the disaster was not based on snowfall, additional assistance for snow removal is not eligible. Therefore, I am denying the appeal. Eligible funding remains at the approved amount of $ 214,786.
Please inform the applicant of my decision. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Whetstone
Regional Director
FEMA Region IX
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