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Second Appeal Summary
PA ID# 095-91045; Reclamation District #1607
DSR ID# 96640,96641,96642; VAN SICKLE ISLAND - Hazard Mitigation Plan Compliance
Citation: FEMA-1155-DR-CA, P.A. 095-91045, Reclamation District 1607, Van Sickle Island, DSRs 96640, 96641 and 96642, Hazard Mitigation Plan Compliance
Cross-reference: Amendment #5, Reclamation Districts
Summary: Severe storms and flooding in California resulted in a major disaster declaration on January 4, 1997. Damage Survey Reports (DSRs) 96640, 96641 and 96642, were prepared for a total of $46,788 to fund levee repair, sandbagging and other flood-fighting efforts of Reclamation District 1607, Van Sickle Island. Each DSR was obligated for $0 on November 14, 1997, because the District did not comply with the state's 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 February 6, 1998. FEMA's response dated October 20, 1998, concluded that the District was ineligible for funding because it had not met 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 compliance efforts since 1991. The District submitted its second appeal on December 18, 1998, claiming that subsoil instability prevented it from meeting the September 10, 1991, compliance deadline; and it spent more than $1.3 million in levee maintenance and repair from 1991 to 1998. In its submittal letter, the Governor's Office of Emergency Services (OES) states that the amount in contention is $606,805, though there is no indication as to how it calculated this figure.
- Did the District comply with the requirements of the HMP prior to the September 10, 1991, deadline?
- Did the District qualify for an exemption to the implementation schedule according to Amendment #5?
Rationale: FEMA/State Agreement (FEMA-758-DR-CA), Amendment #5, (A)(1)(a)(e)