Disaster Specific Guidance #1 and #1A
Appeal Brief
Appeal Letter
Citation: FEMA-1624-DR-TX, Karnes County, Texas, DSG #1 and #1A
Cross-reference: Threat of Wildfire Major Disaster Declaration
Summary: FEMA-1623-DR-TX was declared for the severe weather and fire threat conditions throughout the State of Texas, from December 27, 2005, through
May 14, 2006. In a letter dated May 30, 2006, Karnes County waived its right to a first appeal and submitted a second appeal for the criteria under DSG #1 for the week of December 27, 2006, and #1A for the weeks of January 22, through May 14, 2006. The County argued that during the week of December 27, 2006, the Predictive Service Area (PSA), in which it is located, did not meet the weather and fire severity criteria for weekly reimbursement eligibility under DSG #1. The County requested that it be treated on its own merits without regard for the surrounding counties. During the weeks of January 22, through May 14, 2006, the South Texas PSA, in which Karnes County is located, did not meet the reimbursement criteria under DSG 1a. The County stated that the wildfire threat did not subside during this period, but worsened, and alleged that DSG #1A penalized [local governments] that shared assets on a local basis to lessen and prevent a fire from spreading thereby [averting] the need for State assistance.
Issues: 1. Can Karnes County be exempted from the weekly eligibility criteria under DSG #1 and #1A?
Findings: 1. No.
Rationale: Presidents disaster declaration letter dated January 11, 2006,
FEMA-1624-DR-TX DSG #1 and DSG #1A
Appeal Brief
| Disaster | FEMA-1624-DR |
| Applicant | Karnes County, TX |
| Appeal Type | Second |
| PA ID# | 255-99255-00 |
| PW ID# | xxx-xxxxx |
| Date Signed | 2006-09-12T04:00:00 |
May 14, 2006. In a letter dated May 30, 2006, Karnes County waived its right to a first appeal and submitted a second appeal for the criteria under DSG #1 for the week of December 27, 2006, and #1A for the weeks of January 22, through May 14, 2006. The County argued that during the week of December 27, 2006, the Predictive Service Area (PSA), in which it is located, did not meet the weather and fire severity criteria for weekly reimbursement eligibility under DSG #1. The County requested that it be treated on its own merits without regard for the surrounding counties. During the weeks of January 22, through May 14, 2006, the South Texas PSA, in which Karnes County is located, did not meet the reimbursement criteria under DSG 1a. The County stated that the wildfire threat did not subside during this period, but worsened, and alleged that DSG #1A penalized [local governments] that shared assets on a local basis to lessen and prevent a fire from spreading thereby [averting] the need for State assistance.
FEMA-1624-DR-TX DSG #1 and DSG #1A
Appeal Letter
September 12, 2006
Ms. Kathy Woodard
State Public Assistance Officer
Division of Emergency Management
P.O. Box 4087
Austin, Texas 78773-0220
Re: Second Appeal, Karnes County, PA ID: 255-99255-00,
Disaster Specific Guidance #1 and #1A, FEMA-1624-DR-TX
Dear Ms. Woodard:
This letter is in response to the June 2, 2006, letter from Duke Mazurek, former State Coordinating Officer, forwarding the above referenced second appeal on behalf of Karnes County (County), June 2, 2006. The County is appealing Disaster Specific Guidance (DSG) #1 and #1A, which set forth weekly criteria for reimbursement eligibility under the Public Assistance Program.
FEMA-1624-DR-TX was declared for the severe weather and fire conditions that overwhelmed the State of Texas from December 27, 2005 through May 14, 2006. In its second appeal letter dated May 30, 2006, Karnes County waived its right to a first appeal and appealed the criteria under DSG #1 for the week of December 27, 2006, and #1A for the weeks of January 22 through May 14, 2006.
During the week of December 27, 2006, the South Texas Predictive Service Area (PSA) in which Karnes County is located did not meet the weather and fire severity criteria for weekly reimbursement eligibility under DSG #1. The County requested that it be treated on its own merits without regard for the surrounding counties for the following reasons:
During this period the Keetch Byram Drought Index (KDBI) for Karnes County was between the 700-800 range, while surrounding counties were in the 600-700 range.
In order to reduce the incidence of fires, Karnes County instituted a burn ban on December 13, 2005.
Ms. Kathy Woodard
Page Two
During the weeks of January 22 through May 14, 2006, the South Texas PSA did not meet the reimbursement criteria under DSG #1A. The County stated that the wildfire
threat did not subside during this period, but worsened, and alleged that DSG #1A penalized [local governments] that shared assets on a local basis to lessen and prevent a fire from spreading thereby [averting] the need for State assistance.
Development of the DSGs stemmed from the disaster declaration letter dated January 11, 2006, from the President of the United States to Texas Governor Rick Perry. The letter included the following statement, Designation of specific counties will be made on a weekly basis for the duration of the incident, and those designated for approved reimbursements will be made based on measurable weather and fire conditions that identify areas threatened by an urgent danger from wildfires. DSG #1 and #1A were developed to establish the policy by which affected counties would demonstrate that they qualify for assistance under this provision of the Presidents major disaster declaration.
Week of December 27, 2006
FEMAs decision to use weather and fire threat data at the PSA level instead of the county level to determine weekly reimbursement eligibility was made after coordinating with the State and the US Forest Service (USFS). Remote Automated Weather Stations (RAWS) which gather much of the data do not exist in every county. To accommodate this limitation, the State and USFS use the PSA as the lowest level of geography, over which RAWS data is interpolated and interpreted to assess fire threat. The area within a PSA shares similar geography and climatology, and reacts similarly to changes in weather. Because Karnes County does not have its own RAWS, weather and fire threat information is interpolated from RAWS one to five counties away.
DSG #1 required that a county meet the severity conditions of the highest or next highest level of at least two out of five of the following weather and fire threat indicators: Drought/drought severity index; Latest Temperature and Precipitation Outlook (30-90 days); Departure from Normal Precipitation; Departure from Normal Temperature; and Trend Graphs for National Fire Danger Ratings System (NFDRS) or equivalent indices (such as the 1000-hr fuel moisture and Energy Release Component graphs). The State was responsible for selecting the variables that it determined to be most representative of weather and fire threat in Texas and submitting to FEMA a weekly listing of counties that met two or more of the criteria. The State did not select the KBDI as a fire threat indicator.
Weeks of January 22, through May 14, 2006
FEMA developed DSG #1A after we determined that DSG #1 provided very broad and somewhat redundant criteria which did not accurately identify areas where weather and
Ms. Kathy Woodard
Page Three
fire threat conditions could potentially generate fires that would constitute a major disaster. DSG #1A recognized severe fire threat through the Energy Release Component
(ERC), actual fire occurrences, as well as incident commanders decisions for strategically prepositioning and deploying fire suppression resources.
The USFS provided technical assistance to FEMA to identify the NFDRS indicator that was the most predictive of weather and fire threat conditions in Texas. Using over 20 years of historical data, the ERC was shown to be the best indicator for Texas.
In addition to a having an ERC in the 90th percentile or higher, the weekly eligibility determination was also based on identifying where the ability to respond to wildfires was beyond local government capabilities, as indicated by where the Incident Commander determined State, out-of-State or Federal fire suppression resources were to be pre-positioned or actually directed to respond to fires. Under both DSGs, the State retained the option to request a Fire Management Assistance declaration for fires that threatened to become a major disaster and did make such requests.
We have reviewed the appeal and determined that there are no compelling reasons to revise the evaluation criteria used in DSG #1 and #1A. Therefore, I am denying the appeal.
Please inform County of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR § 206.206.
Sincerely,
/ s /
John R. DAraujo, Jr.
Director of Recovery
cc: William Peterson
Regional Director
FEMA Region VI
Ms. Kathy Woodard
State Public Assistance Officer
Division of Emergency Management
P.O. Box 4087
Austin, Texas 78773-0220
Re: Second Appeal, Karnes County, PA ID: 255-99255-00,
Disaster Specific Guidance #1 and #1A, FEMA-1624-DR-TX
Dear Ms. Woodard:
This letter is in response to the June 2, 2006, letter from Duke Mazurek, former State Coordinating Officer, forwarding the above referenced second appeal on behalf of Karnes County (County), June 2, 2006. The County is appealing Disaster Specific Guidance (DSG) #1 and #1A, which set forth weekly criteria for reimbursement eligibility under the Public Assistance Program.
FEMA-1624-DR-TX was declared for the severe weather and fire conditions that overwhelmed the State of Texas from December 27, 2005 through May 14, 2006. In its second appeal letter dated May 30, 2006, Karnes County waived its right to a first appeal and appealed the criteria under DSG #1 for the week of December 27, 2006, and #1A for the weeks of January 22 through May 14, 2006.
During the week of December 27, 2006, the South Texas Predictive Service Area (PSA) in which Karnes County is located did not meet the weather and fire severity criteria for weekly reimbursement eligibility under DSG #1. The County requested that it be treated on its own merits without regard for the surrounding counties for the following reasons:
During this period the Keetch Byram Drought Index (KDBI) for Karnes County was between the 700-800 range, while surrounding counties were in the 600-700 range.
In order to reduce the incidence of fires, Karnes County instituted a burn ban on December 13, 2005.
Ms. Kathy Woodard
Page Two
During the weeks of January 22 through May 14, 2006, the South Texas PSA did not meet the reimbursement criteria under DSG #1A. The County stated that the wildfire
threat did not subside during this period, but worsened, and alleged that DSG #1A penalized [local governments] that shared assets on a local basis to lessen and prevent a fire from spreading thereby [averting] the need for State assistance.
Development of the DSGs stemmed from the disaster declaration letter dated January 11, 2006, from the President of the United States to Texas Governor Rick Perry. The letter included the following statement, Designation of specific counties will be made on a weekly basis for the duration of the incident, and those designated for approved reimbursements will be made based on measurable weather and fire conditions that identify areas threatened by an urgent danger from wildfires. DSG #1 and #1A were developed to establish the policy by which affected counties would demonstrate that they qualify for assistance under this provision of the Presidents major disaster declaration.
Week of December 27, 2006
FEMAs decision to use weather and fire threat data at the PSA level instead of the county level to determine weekly reimbursement eligibility was made after coordinating with the State and the US Forest Service (USFS). Remote Automated Weather Stations (RAWS) which gather much of the data do not exist in every county. To accommodate this limitation, the State and USFS use the PSA as the lowest level of geography, over which RAWS data is interpolated and interpreted to assess fire threat. The area within a PSA shares similar geography and climatology, and reacts similarly to changes in weather. Because Karnes County does not have its own RAWS, weather and fire threat information is interpolated from RAWS one to five counties away.
DSG #1 required that a county meet the severity conditions of the highest or next highest level of at least two out of five of the following weather and fire threat indicators: Drought/drought severity index; Latest Temperature and Precipitation Outlook (30-90 days); Departure from Normal Precipitation; Departure from Normal Temperature; and Trend Graphs for National Fire Danger Ratings System (NFDRS) or equivalent indices (such as the 1000-hr fuel moisture and Energy Release Component graphs). The State was responsible for selecting the variables that it determined to be most representative of weather and fire threat in Texas and submitting to FEMA a weekly listing of counties that met two or more of the criteria. The State did not select the KBDI as a fire threat indicator.
Weeks of January 22, through May 14, 2006
FEMA developed DSG #1A after we determined that DSG #1 provided very broad and somewhat redundant criteria which did not accurately identify areas where weather and
Ms. Kathy Woodard
Page Three
fire threat conditions could potentially generate fires that would constitute a major disaster. DSG #1A recognized severe fire threat through the Energy Release Component
(ERC), actual fire occurrences, as well as incident commanders decisions for strategically prepositioning and deploying fire suppression resources.
The USFS provided technical assistance to FEMA to identify the NFDRS indicator that was the most predictive of weather and fire threat conditions in Texas. Using over 20 years of historical data, the ERC was shown to be the best indicator for Texas.
In addition to a having an ERC in the 90th percentile or higher, the weekly eligibility determination was also based on identifying where the ability to respond to wildfires was beyond local government capabilities, as indicated by where the Incident Commander determined State, out-of-State or Federal fire suppression resources were to be pre-positioned or actually directed to respond to fires. Under both DSGs, the State retained the option to request a Fire Management Assistance declaration for fires that threatened to become a major disaster and did make such requests.
We have reviewed the appeal and determined that there are no compelling reasons to revise the evaluation criteria used in DSG #1 and #1A. Therefore, I am denying the appeal.
Please inform County of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR § 206.206.
Sincerely,
/ s /
John R. DAraujo, Jr.
Director of Recovery
cc: William Peterson
Regional Director
FEMA Region VI
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