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Third Appeal Summary
PA ID# 000-00000; San Bernardino Flood Control District
DSR ID# 17600 and 17598,; 25899 and 26554
1. PURPOSE: Respond to third appeals submitted by the San Bernardino Flood Control District for permanent restoration of portions of Cable and Oak Creek.
2. DISCUSSION: The winter storms of January 1995 (FEMA-1044-DR-CA) caused damage to water control facilities throughout San Bernardino County. The FEMA inspector prepared Damage Survey Reports (DSRs) 25899 and 26554 on behalf of the San Bernardino Flood Control District (subgrantee) to provide permanent restoration of portions of Cable Creek and Oak Creek Channels. However, FEMA determined that these specific channels met the United States Army Corps of Engineers' (USACE's) definition of Flood Control Works (FCWs) and were, therefore, ineligible for Public Assistance funding. DSRs 17598 and 17600 were prepared to deobligate funding for DSRs 25899 and 26554, respectively. The subgrantee submitted and second appeals, primarily challenging the Federal Levee Policy but did not provide adequate documentation to support the contention that the channels did not meet the USACE's definition of an FCW. The appeals were denied. In support of their third appeal, the subgrantee has submitted a letter from the USACE, dated June 8, 1998, which states that the improvements to Oak Creek and Cable Creek do not meet USACE engineering criteria and are not FCWs. Therefore, the damaged facilities are eligible for permanent restoration assistance. The Regional Director should prepare supplemental DSRs to fund the eligible scope of work for each DSR, as described in the third appeal analysis. The question of eligible equipment rates also was reviewed, and there is no basis for not using FEMA equipment rates.
3. RECOMMENDED ACTION: Sign the letter granting this appeal.