Non-Eligible Facility

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-DR-1044
ApplicantHumboldt County Department of Public Works
Appeal TypeSecond
PA ID#023-92030
PW ID#N/A
Date Signed1997-10-02T04:00:00

Citation: Appeal Brief; Second Appeal; Humboldt County; FEMA-1044-DR-CA, PA# 023-92030

Cross-Reference: Exhibit B; Private Property

Summary: Following the winter storms of 1995, in California, the Sherwood Forest Motel (Motel) was damaged due to the failure of a storm drain located on the Motel's property. A DSR was not prepared because the facility is private and not the legal responsibility of Humboldt County (County). The Motel has filed a lawsuit against the County to recover the cost to repair the damages. The State submitted the first appeal to the Regional Director on June 20, 1996. The subgrantee did not request funding at that time. However, it contended that if the court finds the repair costs to be the subgrantee's legal responsibility, the repair costs should be eligible for FEMA reimbursement. The Regional Director denied the appeal on November 19, 1996, based on section 406 (a)(1) of the Stafford Act. The State submitted the second appeal on May 1, 1997. Again, the subgrantee has not requested funding at this time, and submitted a reiteration of the first appeal. No additional documentation was provided to support the claim that the damages should be eligible for funding.

Issues: Should FEMA agree to fund a project based on a future court decision that could potentially hold the applicant responsible for repairs?

Findings: No. FEMA will defer a determination until after the court renders a decision.

Rationale: Presently, the damages are not eligible because they are on private property and the repairs are not the responsibility of an eligible applicant, pursuant to Stafford Act Section 406 (a)(1) and 44 CFR 206.223 (a)(3). The applicant may appeal to FEMA after the court decides the case.

Appeal Letter

October 2, 1997

Ms. Nancy Ward
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 239013
Sacramento, California 95823

Dear Ms. Ward:

This letter is in response to your May 1, 1997, submittal of Humboldt County Department of Public Works' (County) second appeal to the Federal Emergency Management Agency (FEMA). The appeal relates to a privately owned motel that was damaged during the 1995 flood (FEMA-1044-DR-CA). The County is not requesting funding at this time. Rather, it is asking FEMA to determine if the repairs to a privately owned motel are eligible for FEMA funding if the court finds the County legally responsible for the repairs.

Following the winter storms of 1995, the Sherwood Forest Motel was damaged after a County storm drain culvert failed. A damage survey report was not prepared because the damage occurred on private property. The County has denied responsibility for the damages. The motel's owners have filed a lawsuit against the county to recover the cost of the damages. In the first appeal, the County requested a determination of eligibility so that if the court finds the County legally responsible for the damages, the repair costs would be eligible for FEMA reimbursement. The Regional Director denied the first appeal because the damages were not the legal responsibility of the subgrantee, pursuant to Title 44 of the Code of Federal Regulations, section 206.223.

In the second appeal, the subgrantee has again requested a determination of eligibility in the event the court finds it legally responsible for the damages. I have reviewed the appeal and have determined that it is not appropriate to make a determination on this issue until after the court renders a decision. The County may submit an appeal for consideration at that time. Please inform the County of my determination.

Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

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