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Private Drain 704 Whites Canyon Channel and CDR 523.071 C&D
Appeal Brief
Appeal Letter
Summary: As a result of heavy rainfall during the January 2005 Winter Storms, Los Angeles County (Applicant) requested funding for debris removal from Private Drain (PD) 704 Whites Canyon Channel and CDR 523.071 C&D in Los Angeles County. The United States Army Corps of Engineers (USACE) determined the facilities met the definition of a flood control work (FCW). FEMA obligated Project Worksheet (PW) 1171 for zero dollars ($0).
The Applicant submitted its first appeal on October 18, 2005, stating that the facility was not active in USACEs Rehabilitation and Inspection Program (RIP) and was not under the specific authority of USACE. The Applicant has sole responsibility for maintenance and the FEMA Public Assistance program should reimburse the Applicant for the debris removal as permanent work in accordance with 44 CFR §206.226, Restoration of Damaged Facilities.
The Applicant submitted the second appeal on April 9, 2007. The package included two letters from the USACE dated March 27, 2007, and April 2, 2007. Those letters state the facilities were local drainage and are not FCWs. Since the facilities are not FCWs, the scope of work is eligible. The second appeal is granted.
Issues: 1) Are the PD 704 Whites Canyon Channel and CDR 523.071 C&D facilities eligible for federal disaster assistance as a result of the disaster?
Findings: 1) Yes. The USACE stated the facilities are local drainage and not FCWs.
Rationale: 44 CFR §206.226; FEMA Response and Recovery Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works
Appeal Brief
| Desastre | 1577 |
| Applicant | Los Angeles County |
| Appeal Type | Second |
| PA ID# | 111-ul4gf-00 |
| PW ID# | 1171 |
| Date Signed | 2007-12-21T05:00:00 |
The Applicant submitted its first appeal on October 18, 2005, stating that the facility was not active in USACEs Rehabilitation and Inspection Program (RIP) and was not under the specific authority of USACE. The Applicant has sole responsibility for maintenance and the FEMA Public Assistance program should reimburse the Applicant for the debris removal as permanent work in accordance with 44 CFR §206.226, Restoration of Damaged Facilities.
The Applicant submitted the second appeal on April 9, 2007. The package included two letters from the USACE dated March 27, 2007, and April 2, 2007. Those letters state the facilities were local drainage and are not FCWs. Since the facilities are not FCWs, the scope of work is eligible. The second appeal is granted.
Appeal Letter
December 21, 2007
Mr. Paul Jacks
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal Los Angeles County, PA ID 037-99037-00, Private Drain 704 Whites Canyon Channel and CDR 523.071 C&D, FEMA-1577-DR-CA, Project Worksheet (PW) 1171
Dear Mr. Jacks:
This is in response to your letter dated June 7, 2007, which transmitted the referenced second appeal on behalf of Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) determination that the facilities described in PW 1171 meet the United States Army Corps of Engineers (USACE) definition of a flood control work (FCW); thereby making the facilities ineligible for FEMA funding.
The Applicant submitted its first appeal to the California Governors Office of Emergency Services stating that the facilities were not active in the USACE Rehabilitation and Inspection Program (RIP) and were not under the specific authority of USACE. The Deputy Regional Director denied the Applicants appeal on January 30, 2007, stating that the facilities met the definition of an FCW. In accordance with FEMA R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, disaster authority resides with another Federal agency and Public Assistance is limited to the work necessary to reduce an immediate threat to life, public health and safety or improved property.
The Applicant submitted its second appeal claiming again that the facilities are not FCWs and should be eligible for debris removal reimbursement. The Applicant provided two letters dated March 27, 2007, and April 2, 2007, from USACE stating that after review of the Applicants FCW forms, the facilities do not qualify for the RIP because their primary purpose is local drainage.
I have reviewed the letters from USACE and determined that the Applicants facilities are eligible for Public Assistance funding. Therefore, I am approving the appeal. By copy of this letter, I am requesting the Regional Administrator take appropriate action to implement my determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
cc: Nancy Ward
Regional Administrator
FEMA Region IX
Mr. Paul Jacks
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal Los Angeles County, PA ID 037-99037-00, Private Drain 704 Whites Canyon Channel and CDR 523.071 C&D, FEMA-1577-DR-CA, Project Worksheet (PW) 1171
Dear Mr. Jacks:
This is in response to your letter dated June 7, 2007, which transmitted the referenced second appeal on behalf of Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) determination that the facilities described in PW 1171 meet the United States Army Corps of Engineers (USACE) definition of a flood control work (FCW); thereby making the facilities ineligible for FEMA funding.
The Applicant submitted its first appeal to the California Governors Office of Emergency Services stating that the facilities were not active in the USACE Rehabilitation and Inspection Program (RIP) and were not under the specific authority of USACE. The Deputy Regional Director denied the Applicants appeal on January 30, 2007, stating that the facilities met the definition of an FCW. In accordance with FEMA R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, disaster authority resides with another Federal agency and Public Assistance is limited to the work necessary to reduce an immediate threat to life, public health and safety or improved property.
The Applicant submitted its second appeal claiming again that the facilities are not FCWs and should be eligible for debris removal reimbursement. The Applicant provided two letters dated March 27, 2007, and April 2, 2007, from USACE stating that after review of the Applicants FCW forms, the facilities do not qualify for the RIP because their primary purpose is local drainage.
I have reviewed the letters from USACE and determined that the Applicants facilities are eligible for Public Assistance funding. Therefore, I am approving the appeal. By copy of this letter, I am requesting the Regional Administrator take appropriate action to implement my determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
cc: Nancy Ward
Regional Administrator
FEMA Region IX