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Second Appeal Brief
FEMA-1577-DR-CA, Ventura County Watershed Protection District (Applicant), Project Worksheet (PW) 2819, Wason Barranca and Harmon Barranca Channels
Summary: The Applicant requested funding for repairs to the Wason Barranca and Harmon Barranca Channels. FEMA and the United States Army Corps of Engineers (USACE) determined that the facilities met the definition of a flood control work (FCW). FEMA further determined the completed work restored the facilities to pre-disaster function and capacity and the repairs were Category D (permanent work).
On December 14, 2005, the Applicant submitted its first appeal for Wason Barranca Channel and on January 9, 2006, for Harmon Barranca Channel stating that the costs were eligible because the facilities were not active in the USACE Rehabilitation and Inspection Program (RIP) and were not under the specific authority of the USACE. The Applicant stated that because it had sole responsibility for maintenance, the permanent repairs should be eligible for reimbursement under the FEMA Public Assistance Program. The California Governors Office of Emergency Services (OES) asserted that FEMA may waive its respective administrative conditions on reimbursement of facilities under the authority of another Federal agency. On December 8, 2006, FEMA denied the Applicants first appeals stating the facilities met the USACE definition of an FCW. In accordance with Response and Recovery Policy 9524.3, Rehabilitation Assistance for Levees and Other Flood Control Works, authority for FCWs resides with USACE.
On March 7, 2007, the Applicant submitted its second appeal to FEMA reiterating the position presented in its first appeal and requesting a change in the category of work from Category D (permanent work) to Category B (emergency protective measures).
Issues: 1. Does the facility meet the USACE definition of an FCW?
2. Are permanent repairs of FCWs eligible under the FEMA Public Assistance
Findings: 1. Yes
Rationale: Robert T. Stafford Relief and Emergency Act, Section 403 (a)(3);
44 CFR §§ 206.221(c) 206.225(a)(3) and 206.226; FEMA Response and Recovery Policy 9524.3, Rehabilitation Assistance for Levees and Other Flood Control Works
Second Appeal−Ventura County Watershed Protection District, FEMA-1577-DR-CA, Project Worksheet (PW) 2819
PA ID# 111-UL4GF-00; Ventura County Watershed Protection District
PW ID# Project Worksheet 2819; Wason Barranca and Harmon Barranca Channels