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Second Appeal Brief
PA ID# 035-05914-00; Lassen Union High School District
PW ID# 2755; Flood Control Work
Citation: FEMA-1628-DR-CA, Lassen Union High School District, PW 2755
Reference: Flood Control Work
Summary: FEMA prepared PW 2755 for $4,092 to repair 50 linear feet (LF) of the Applicant’s levee that was eroded by heavy rains from December 17, 2005, through January 3, 2006. The Applicant claimed that 175 LF of the levee had been eroded and requested $9,449 for associated repair costs. FEMA originally determined that the proposed scope of work constituted an improved project.
The Applicant submitted its first appeal on October 17, 2007. Based on facts presented in the first appeal, the Acting Regional Director determined that the proposed scope of work did not constitute an improved project. However, the Acting Regional Director denied the Applicant’s appeal because the levee meets the U.S. Army Corps of Engineers’ definition of a flood control work and is eligible to participate in the Natural Resource Conservation Service’s (NRCS) Emergency Watershed Program (EWP). In its second appeal, submitted on February 13, 2009, the Applicant contended that repairs to the levee are eligible because the levee is eligible to participate in the NRCS’ EWP program. In accordance with R&R Policy 9524.3, FCWs that are eligible for NRCS’ EWP program are ineligible for FEMA Public Assistance funding for permanent repairs.
Issue: Are permanent repairs to the Applicant’s NRCS EWP-eligible FCW eligible for Public Assistance?
Rationale: Title 44 Code of Federal Regulation (CFR) §206.226(a) and Response and Recovery (R&R) 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works