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Second Appeal Summary
PA ID# 071-00000; San Bernardino County
DSR ID# 95376; Prado Tiro Shooting Range - Sites 39, 41, 43, and 45
Citation: Appeal Brief; Second Appeal; San Bernardino County; PA ID #071-00000; FEMA-1203-DR-CA
Cross-reference: DSR 95376; Legal Responsibility; Flood; Equipment; Negligence
Summary: San Bernardino County requested federal assistance following the 1998 storms caused by El Ni?o for flood damages sustained to the Prado Tiro Shooting Range. Damage Survey Report (DSR) 95376 was written for $133,943 to repair the range. Information available to FEMA at the time the DSR was reviewed, suggested that part of the damage was due to Concessionaire negligence and reduced the eligible costs for the DSR to $106,790. In the first appeal, the County stated the reduction in the scope of work without any substantiation or evidence is unreasonable, and there still remains no evidence that the damages resulted from negligence on the part of the County or its employees. During the appeal review, the Lease Agreement between the County and the Concessionaire was examined and FEMA determined that the County was not legally responsible for the repairs, and the Regional Director denied the request in accordance with Title 44 CFR 206.223 (a)(3). The previously approved $106,790 in funding was therefore deobligated in its entirety. In the second appeal, the County stated that the Lease Agreement places legal and financial responsibility for the disaster related damages on the County. The State partially supports the second appeal.
Issues: Is the shooting range facility eligible for Federal disaster assistance?
Findings: No. The County's Lease Agreement with the U. S. Department of the Army explicitly precludes the Federal Government from providing assistance in specified situations.
Rationale: 44 CFR 206.223.