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Second Appeal Summary
PA ID# 059-00000; Orange County Environmental Management Agency
DSR ID# 24313,94278,94297 ; Various Flood Control Channels
Citation: FEMA-1044-DR-CA; Orange County EMA; DSRs 24313, 94278, and 94297
Cross Reference: Federal Levee Policy, Eligible Facility
Summary: The winter storms of 1995 (FEMA-1044-DR-CA) caused extensive damage to flood control facilities throughout Orange County. DSRs 24313, 94278, and 94297 were prepared to fund repair of washed out concrete panels in Rosalia Channel and Fullerton Creek, and to repair erosion of the earth slopes in Rossmoor Storm Channel, respectively. All three DSRs were prepared to restore the facilities to pre-disaster condition, though the subgrantee requested that all repairs be performed according to their channel repair codes and standards. During eligibility review, these DSRs were found ineligible on the basis that the channels meet the United States Army Corps of Engineers' (USACE's) definition of a flood control work (FCW), such that restoration funding for the channels would be under the specific authority of the USACE. The subgrantee's first appeal asserted that completed repairs are not eligible for the USACE PL-84-99 Rehabilitation and Inspection Program funding and that the DSRs did not include codes and standards. The Regional Director upheld the initial determination of ineligibility. The issue of the subgrantee's codes and standards for channel repair was not addressed due to the FCW issue. The second appeals challenge the Policy itself as well as FEMA's coordination of disaster assistance as it relates to FCWs and the Policy. As with the first appeals, the subgrantee did not contest that the channels meet the USACE definition of an FCW and also restated that FEMA failed to approve the subgrantee's codes and standards.
- Is permanent restoration of these flood control facilities eligible for FEMA Public Assistance funding?
- Are the subgrantee's codes and standards eligible for funding?
- Yes. The FEMA Director has determined that flood control facilities damaged during the FEMA-1044 disaster event may be considered eligible facilities under the Public Assistance Program; the scope of work in those DSRs may also be considered for permanent restoration funding.
- No. The Director has previously determined that the subgrantee's codes and standards are not eligible for funding.
Rationale: During the FEMA-1044/1046 disaster events, a determination has been made that flood control facilities damaged during these events, and which were found ineligible based on the Federal Levee Policy, may be considered eligible facilities under the Public Assistance Program for these disasters only. Some subgrantees may have relied on previous funding from FEMA and expected disaster related funding in subsequent disasters. FEMA's delay in notifying subgrantees that their facilities were under the authority of the USACE or NRCS may have contributed to a subgrantee's failure to receive Federal funding for disaster related damages.