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Second Appeal Summary
PA ID# 073-53322; City of Oceanside
DSR ID# 97949; Buena Vista Creek Channel Lining Repairs
Citation: FEMA-1046-DR-CA; City of Oceanside; DSR 97949
Buena Vista Creek Channel Lining Repairs
Reference: Flood control works, permanent restoration, coordination of Federal Disaster Assistance with other Federal agencies
Summary: The City of Oceanside is requesting funding for permanent restoration of the
Buena Vista Creek, which suffered damage to its channel lining during the February 1995 winter storm. The channel was found to meet the U. S. Army Corps of Engineers' (USACE's) definition of a flood control work (FCW). Therefore, in accordance with the Federal Emergency Management Agency (FEMA) Levee Policy, the channel was under the specific authority of other Federal agencies, and ineligible for FEMA permanent restoration funding. The basis of the subgrantee's second appeal was that FEMA failed to perform its obligation to coordinate Federal disaster assistance, resulting in the loss of Federal assistance to the subgrantee. The subgrantee maintained that in the absence of funding from other Federal agencies, FEMA has the authority to fund permanent repairs on FCWs. The subgrantee does not contest that the channel is an FCW.
Issues: 1) Is the Buena Vista Creek channel eligible for FEMA assistance?
2) Did FEMA fail to adequately coordinate Federal disaster assistance, resulting in the subgrantee's loss of assistance from the USACE?
Findings: 1) No, the channel meets the USACE's definition of an FCW and is therefore ineligible for FEMA assistance.
2) No, the determination of ineligibility for the channel is not due to a lack of coordination of Federal disaster assistance on FEMA's part, but rather due to the subgrantee's failure to adhere to the USACE's design and maintenance standards for FCWs, and/or failure to apply to the USACE PL 84-99 Rehabilitation and Inspection Program.
Rationale: Under the current FEMA Levee Policy, permanent restoration of facilities
that meet the USACE definition of an FCW is work that is considered to be within the specific authority of either USACE or the Natural Resources Conservation Service (NRCS), and, therefore, not eligible for FEMA assistance. This is true whether or not USACE or NRCS provides any funding for the project.
(Title 44 of the Code of Federal Regulations, 206.226(a))