Bond Act: Proposition 1E
Agency of Appropriation: Department of Water Resources
Bond Statute: 5096.824
Implementing Statute: Water Code Section 79055 - 79057
- Front-end
- In-progress
- Follow-up (Audit)
The Flood Control
Subventions Program is authorized by the California Water Code, Division 6,
Part 6, Chapters 1 through 4. The
Flood Control Subventions Program provides financial assistance to the
non-federal partners (local agencies) cooperating in the construction of
federally authorized flood control projects located outside of the Central
Valley (facilities considered as non- State Plan of Flood Control). DWR is responsible for administering and disbursing
funds for the Flood Control Subventions Program. There are three types of federally authorized
projects that are eligible for the flood control subventions program funding:
·
Major
Flood Control Projects (authorized by USACE and Congress)
·
Small
Flood Control Projects: small USACE projects authorized by Section 205 of
Public Law 80-858 and USACE
·
Watershed
Protection Projects : Natural Resources Conservation Service (NRCS) projects,
authorized by the Administrator of the NRCS after the reports are reviewed by
the Agriculture Committees of Congress and by Water Code Section 12868.
The national flood control program was enacted in 1936, which
required nonfederal interests to pay the costs of rights of way and relocations
for channel improvements and levee projects. State law enacted in 1945 provides
for reimbursements to local flood control agencies for all rights of way and relocation costs of channel improvement and levee projects.
In 1973, state statute was changed to one of State-local cost sharing for flood
damage prevention features of channel improvement and levee projects. State
participation in the nonfederal capital costs of recreation and fish and
wildlife enhancement features was also added to the program in 1973. In 1988,
State statute was modified to reflect the 1986 changes in federal policy.
Statutes of 2000 (pursuant to Assembly Bill No.1147) amended the California Water Code to require flood management projects to meet
prescribed requirements prior to state authorization and created a variable
state cost-share percentage, based on multi-purpose objectives for the projects,
ranging from a minimum of 50 percent to a maximum of 70 percent. Statutes of
2010 (pursuant to Assembly Bill No.1788) amended the process for determining
the percentage of state financial assistance pertaining to economically
disadvantaged areas for the projects.
The cooperating local agency enters into an agreement with the
federal agency constructing the project. The local agency is responsible to the
federal agency for providing the nonfederal share of project costs. If the
local agency complies with the Water Code and guidelines of the Subventions
Program, it can expect reimbursement of the State share of its costs. Any costs
incurred contrary to the Water Code and guidelines must be borne by the local
agency.
Additional information on this program may be found at http://www.fcpsubventions.water.ca.gov/index.cfm."
Once a project is authorized for State financial assistance and a federal construction appropriation has been made, local flood-control agencies are entitled to seek reimbursement for the State share of their expenditures. The Department logs the claims as they are submitted and indicates the date the local agency submits the claim. The claim date sets the priority for the claim, as they are reviewed and paid under a `first in - first out` method. The claims are then reviewed, and the Department presents its determination of eligible costs in engineering reports. Eligible costs are based on the Water Code and the Guidelines for State Reimbursement on Flood Control Projects, dated February 1974. Local agencies also request DWR to make eligibility determinations prior to incurring costs.
Section 12832 of the California Water Code provides for a final audit by the State Controller`s Office (SCO) of the claims received and reviewed by the Department. After the Department determines the eligible costs, ninety percent of the claim is paid to the local agency, and ten percent is withheld pending the final audit by SCO. Once the Controller performs the final audit, any balance due to the local agencies is paid as soon as funds are available. The Department works closely with the Controller’s Office to ensure timely audits of the claims.
Projects within this Program: