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Second Appeal Summary
PA ID# 065-22874-00; Riverside County Flood Control and Water Conservation District
DSR ID# Project Worksheet 2524; Flood Control Work
FEMA-1577-DR-CA, Riverside County Flood Control and Water Conservation District, PW 2524
Flood Control Works; Permanent Work
As a result of the storms and heavy rains of December 27, 2004, through
January 11, 2005, the Riverside County Flood Control and Water Conservation District (Applicant) requested funding for permanent repair of the concrete channel bottom of the San Sevaine Channel from the San Bernardino County line to the Santa Ana River. The U.S. Army Corps of Engineers (USACE) determined that the facility met the definition of a Flood Control Work (FCW). Therefore, FEMA obligated Project Worksheet (PW) 2524 for zero dollars ($0).
The Applicant submitted its first appeal on November 2, 2005. The Applicant stated that the costs were eligible because the facility was not active in the USACE Rehabilitation and Inspection Program (RIP), and was not under the specific authority of the USACE. The Applicant stated that because it has sole responsibility for maintenance, the repairs should be eligible for reimbursement under the FEMA Public Assistance Program.
FEMA denied the Applicants first appeal on April 18, 2007, stating that the facility met the USACE definition of a FCW. In accordance with FEMA Response and Recovery (R&R) Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works,
disaster assistance authority for permanent work on FCWs reside with another federal agency.
On June 20, 2007, the Applicant filed a second appeal with FEMA reiterating the position presented in its first appeal.
Are permanent repairs to a facility that meets the USACE definition of a FCW eligible under the Public Assistance Program?
R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works,
and 44 CFR §206.226(a)(1)