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B-176872 1 (1973-12-14)

handle is hein.gao/gaobaadsg0001 and id is 1 raw text is: 


                            COMPTROLLER GENERAL OF THE UNITED -IATES
                                      WAHINGTON D.CI ROJS


            -476872                 tDecember 14, 1973



rs Kay Marten
            1550 North Yoiusettia Place
            Los Anols, Cal~fornia   90046

            Dear lre. artetn

                Aftor recaiving your latter of Septeznber 6, 1973  vith nclosurest
           requesting, in effect, a reousideratUm of our priordsallovancee of
           _y(Etaa  for dabbri renval w]penso!Jincurred by you as a recult of
           floods of Jtnuary and Fobriary 1969, wo wrote to the Secretary of htouaing
           and Urban Developmnt requesting that ho ravioe your correspondence to
           determine if he felt there was any basis to increase tho amount of the
           allolticos of your claim.

                We ight point out that vcently the responelbilitios of the Directort,
           Office of Emorgancy Preparednesu (UEP) have bea tranoforred to the Secre-
           tary and that the functions of OR? am now handled by the Federal Disaster
           Assistance Adtinistratiom (FD ) within tho Department of foting and
           Urban Davolopment.

                In a letter to us dated October 16, 1973, the A&'initrator of PDM
           sated that ho han baen unable to find any basis fur disputinS the OW
           enainear's repbrt uiichi calculeted the dimensions of tho urea aligible  *
           for debris clearance under exioting OEP critaria. 1urthleor, ha stated
           that the  DAA concurred with tho.,oiginsl 0EV findin3 that the renoval,
           much of it by hand, of debris and olut from around treas, shrubbery and
           hedges was not necessary to mintatu the public health and safety.
           Accordingly, ho felt that ho could not find any 1rounds for revarsing,
           in whole or in part, the actions taken by the OP Director.

                Mout of tho  ount disallowad by OP (now  DM) concerns finding
           of fact, such as the dcpth of the debris and the avunt of ama cleared.
           This .Of fLe is not equipped, espetally four years after the floods , to
           inks an independent determination as to the correctness of the factual
       *   aflegatiorn asserted by you and by tha agency. Therefore, following the
           long-standing and consistently appliod policy of the Rucounting officers
           of the Government in cases o dinoputed facts betweem an agency of the
           Covermaeut and claimats, vs wast accept the agency's determinations.








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