U.S. flag

An official website of the United States government

Dot gov

The .gov means it’s official.

Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

Https

The site is secure.

The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

Flood Control Work

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1577-DR
ApplicantRiverside County Flood Control and Water Conservation District
Appeal TypeSecond
PA ID#065-22874-00
PW ID#Project Worksheet 2524
Date Signed2008-02-19T05:00:00
Citation: FEMA-1577-DR-CA, Riverside County Flood Control and Water Conservation District, PW 2524

Cross-reference: Flood Control Works; Permanent Work
Summary: 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 Applicant’s 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.

Issues: Are permanent repairs to a facility that meets the USACE definition of a FCW eligible under the Public Assistance Program?

Findings: No.

Rationale: R&R Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, and 44 CFR §206.226(a)(1)

Appeal Letter

February 19, 2008

Mr. Paul Jacks
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655

Re: Second Appeal – Riverside County Flood Control and Water Conservation District,
PA ID 065-22874-00, Flood Control Work, FEMA-1577-DR-CA,
Project Worksheet (PW) 2524

Dear Mr. Jacks:

This letter is in response to your letter dated August 21, 2007, transmitting the second appeal of Riverside County Flood Control and Water Conservation District, (Applicant) dated
June 20, 2007. The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for repair of the San Sevaine Channel.

The storms and heavy rains of December 27, 2004, through January 11, 2005, caused flooding and erosion of concrete along the channel bottom in the San Sevaine Channel from the San Bernardino County Line to the Santa Ana River. The Applicant requested $4,321.62 to repair the damage. In accordance with Response and Recovery (R&R) Policy 9524.3, Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, FEMA denied the request for assistance because the channel meets the U.S. Army Corps of Engineers’ (USACE) definitional criteria of a Flood Control Work (FCW).

The Applicant submitted its first appeal on November 2, 2005. The Applicant claimed 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. Furthermore, the Applicant stated that the purpose of the facility is erosion, not flood control, and it should not be considered an FCW. The Applicant stated that because it has sole responsibility for maintenance, the repairs should be eligible for reimbursement under the Public Assistance Program.
The Deputy Regional Director denied the appeal on April 18, 2007, because the facility met the definition of an FCW. In accordance with R&R Policy 9524.3, disaster assistance authority for permanent work on FCWs resides with another federal agency. The Applicant submitted a second appeal on June 20, 2007.

We have reviewed all information submitted with the appeal and have determined that the Deputy Regional Director’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. Therefore, the appeal is denied.

Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Nancy Ward
Regional Administrator
FEMA Region IX
Last updated February 4, 2020