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Second Appeal Summary
PA ID# 071-91103; San Bernardino County
DSR ID# 50764 and 50765; San Bernardino County
Citation: FEMA-1203-DR-CA; San Bernardino County; PA ID 071-91103; DSRs 50764 and 50765.
Cross-reference: El Ni?o storms and floods; Flood Control Works (FCWs); eligible facility repairs.
Summary: San Bernardino County requested federal assistance following the 1998 storms caused by El Ni?o for damages the Etiwanda Spreading Grounds and the Etiwanda Conservation Basin sustained. Damage Survey Report (DSR) 50764 was written for $2,467 to repair the Etiwanda Spreading Grounds and DSR 50765 included $8,506 to repair the Etiwanda Conservation Basin. Information available to FEMA at the time suggested that these facilities were Flood Control Works (FCWs) under the jurisdiction of the U.S. Army Corps of Engineers (USACE) and were not eligible for FEMA funding. The DSRs were, therefore, not approved. In this second appeal, the County has submitted a May 22, 2000, letter from USACE that clearly stated that because these facilities were for water conservation, they were not classified as FCWs. Since the only obstacle that was preventing the County from receiving FEMA assistance for these facilities was their apparent classification as FCWs, now that the USACE has clarified their status, the appeal is approved.
Issues: Are the Etiwanda Spreading Grounds and the Etiwanda Conservation Basin Water Conservation facilities eligible for federal disaster assistance for damages incurred from El Ni?o?
Findings: Yes. The USACE has removed the only reason for the earlier denial by indicating that the facilities were not FCWs but rather water conservation facilities.
Rationale: FEMA Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, August 17, 1999.