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Second Appeal Summary
PA ID# 067-91052; Reclamation District 341
DSR ID# 73948, 73949, and 73950 ; Sherman Island
Citation: FEMA-1203-DR-CA, PA 067-91052, Reclamation District 341, Sherman Island, HMP Compliance
Cross-reference: Amendment #5, Hazard Mitigation Plan, Time Extension
Summary: Severe winter storms and flooding in California resulted in a major disaster declaration on February 9, 1998. Damage Survey Reports (DSRs) 73948, 73949, and 73950 were prepared on July 20, 1998, to fund the slope protection and levee repair and restoration efforts of Reclamation District 341, Sherman Island. The DSRs totaled $911,360, but were found ineligible on December 2, 1998, because the District had not complied with the Sacramento/San Joaquin Hazard Mitigation Plan (HMP) in accordance with Amendment #5 of the FEMA/State Agreement (FEMA-758-DR-CA), signed April 28, 1987. Amendment #5 states that no future disaster assistance will be provided to districts that are not in compliance and do not have approved time extensions prior to September 10, 1991. The District submitted its first appeal on March 22, 1999. It pointed to a June 4, 1991, letter addressed to the Department of Water Resources (DWR), as evidence that it had requested a time extension prior to the HMP compliance deadline. The District also outlined compliance efforts since 1991, stating that it was in substantial compliance with the HMP prior to DR-1203. FEMA denied the appeal on October 4, 1999, because the District was not in compliance with the HMP prior to the 1991 deadline and had no approved time extension. The District submitted its second appeal on December 17, 1999, but did not include new information.
Issues: 1) Did the District meet the HMP compliance deadline of September 10, 1991? 2) Did the District receive an exemption to the implementation schedule according to Amendment #5?
Findings: 1) No. 2) No.
Rationale: FEMA/State Agreement (FEMA-758-DR-CA), Amendment #5, (A)(1)(a)(b)(e)