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Second Appeal Summary
PA ID# 077-91022; Reclamation District #348
DSR ID# 92888,92894; New Hope Tract
Citation: FEMA-1155-DR-CA, PA 077-91022, Reclamation District 348, New Hope Tract, DSRs 92888 and 92894
Cross Reference: Hazard Mitigation Project, Amendment #5, Reclamation Districts, San Joaquin Delta
Summary: Severe storms and flooding in California resulted in a major disaster declaration on January 4, 1997. Damage Survey Reports (DSRs) 92888 and 92894, for $231,215 and $9,870 respectively, were prepared to fund permanent and temporary levee repairs, sandbagging and other flood fighting efforts of Reclamation District 348, New Hope Tract. DSR 92888 was denied on April 11, 1997 and DSR 92894 was deobligated on May 20, 1997 because the District did not comply 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 29, 1987. The District submitted its first appeal on June 23, 1997. FEMA's response, dated July 17, 1998, concluded that the DSRs were ineligible for funding because the District did not meet the September 10, 1991 HMP compliance deadline set forth in Amendment #5. Also, it did not have an approved time extension based on acceptable reasons, and there was no evidence of full compliance prior to DR-1155. The District submitted its second appeal on October 2, 1998, claiming that it has documented evidence of "substantial compliance" prior to DR-1155; it submitted a time extension request prior to the September 10, 1991 deadline; and it has spent millions of dollars in an effort to meet HMP standards.
- Was the District in compliance with the HMP prior to the deadline of September 10, 1991?
- Does the District qualify for a time extension based on acceptable justification outlined by FEMA in Amendment #5?
- Did the District meet HMP compliance standards prior to DR-1155?
- The point is moot based on the requirements of Amendment #5.
Rationale: FEMA/State Agreement, Amendment #5, (A)(1)(a)(b)(e)