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Second Appeal Brief
PA ID# 037-99037-00; Los Angeles County
PW ID# Project Worksheet 1174; Newhall Creek Channel
FEMA-1577-DR-CA, Los Angeles County, PW 1174, Newhall Creek Channel
Flood Control Works; Permanent Work; Immediate Threat
As a result of the January 2005 Winter Storms, Los Angeles County (Applicant) requested funding for debris removal from Newhall Creek Channel. FEMA and the United States Army Corps of Engineers (USACE) determined that the facility met the definition of a Flood Control Work (FCW), and that the debris did not pose an immediate threat to life, public health and safety, or improved property. Therefore, FEMA obligated Project Worksheet (PW) 1174 for zero dollars ($0).
The Applicant submitted the first appeal on October 19, 2005, stating that the costs were eligible because the accumulated debris did not meet the eligibility threshold for assistance through the USACE Rehabilitation and Inspection Program (RIP). The Applicant stated that because it had sole responsibility, the debris removal should be eligible for reimbursement under the Public Assistance program. On January 30, 2007, FEMA denied the Applicants first appeal stating the facility met the USACE definition of an FCW. In accordance with 44 CFR§206.224(a), debris removal is eligible if there is an immediate threat to life, public health and safety, or improved property.
On April 19, 2007, the Applicant filed a second appeal with FEMA reiterating its position presented in its first appeal.
Is debris removal that does not pose an immediate threat to life, public health and safety, or improved property, from a facility that meets the USACE definition of a FCW, eligible under the Public Assistance program?
Stafford Action Section 403 (a) (3); 44 CFR §206.221(c); 44 CFR §206.224(a); 44 CFR §206.226; FEMA R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works