Trump approves Lake Ontario disaster declaration, but omits Monroe County

President Trump has issued a major disaster declaration for Lake Ontario shoreline flooding this past spring and summer, an action that clears the way for some degree of federal recovery aid.

Monroe and Cayuga counties were omitted from a part of the disaster declaration that reimburses local governments for the money spent to address the flooding, however. Neither county met the spending threshold needed to qualify for public assistance, a spokesman for the Federal Emergency Management Agency told the Democrat and Chronicle.

The other shoreline counties — Niagara, Orleans, Wayne, Oswego, Jefferson and St. Lawrence — qualified for that aid.

Gov. Andrew Cuomo said his office would work with FEMA to get Monroe and Cayuga counties added to the program. Monroe County officials said they had been assured that their exclusion was under review in Washington, and FEMA said the list of eligible counties could be expanded pending "the results of further damage assessments."

The entire shoreline also is eligible for another category of FEMA assistance for what are known as hazard mitigation measures — projects aimed at making the shoreline better able to withstand the next bout of high water.

This type of aid has been used after flooding elsewhere to remove or harden structures considered too vulnerable to another disaster, to build natural barriers such as wetlands and to raise or barricade public infrastructure so it can remain in service even during flood events.

It was not clear how much hazard mitigation funding might flow to New York for shoreline projects.

In the wake of Hurricane Sandy in 2012 — a much, much more impactful disaster — the state was awarded more than $500 million in hazard mitigation funding. Another $3 billion in public-assistance funding was used for mitigation work.

FEMA provides up to 75 percent of the cost of eligible mitigation projects, with the state or local communities funding the balance.

The announcement Tuesday did not include any FEMA aid to individual property owners. A background document from the federal agency said the state's request for individual aid remained under review.

Those individual homeowners, as well as businesses, are already eligible for assistance under the state emergency flood recovery program. About 3,500 homeowners have applied for state grants, which can be as large as $50,000 each.

The omission of Monroe County from the public-assistance list marks the third time this year that Monroe has failed to win this type of aid.

In order to qualify, the governments in each county affected by a disaster must spend a predetermined amount based on the county's population— and the statewide total must exceed a per-capital spending threshold as well.

The threshold for Monroe County is about $2.6 million and for the state about $27 million.

FEMA rejected New York's application for a disaster declaration after the March 7-8 windstorm because, while cleanup spending in Monroe exceeded its threshold, the statewide goal wasn't met.

Just the opposite happened when a federal disaster was declared after the massive snowstorm that struck just days after the wind event. Twenty-eight other counties and the state overall surpassed their thresholds, but FEMA said Monroe County had not. The county later said it was challenging that conclusion.

The public assistance grants from FEMA will be used to reimburse state, tribal and local government agencies and some nonprofits for spending on items such as pumping, flood cleanup and infrastructure damage.

FEMA typically covers at least 75 percent of the cost of work. The disaster declaration covers expenses incurred between May 2 and August 6.

In this case, though, it was not clear Tuesday what impact the omission of Monroe and Cayuga would make — because municipalities in those two counties are already able to apply to Albany for reimbursement.

The state flood recovery program set aside $15 million to cover local government costs in the eight shoreline counties. For instance, Monroe County's legislature was to consider a measure Tuesday night related to $1.5 million in aid it expected to receive from the state.

U.S. Rep. Chris Collins, R-Clarence, Erie County, who was otherwise pleased with the White House announcement, issued a statement Tuesday saying that he would work toward a resolution of Monroe County's situation.

“We have witnessed awful devastation along the shoreline and have stayed persistent in our fight to secure federal assistance,” Collins said in his news release. "My constituents desperately need this support and I thank the Trump administration for its commitment to western New York.”

U.S. Sen. Charles Schumer, D-New York, vowed to help Monroe and Cayuga, as did Gov. Cuomo.

"Today’s declaration is a good first step by the federal government and it will supplement the tens of millions of dollars that New York has already invested in the recovery of the Lake Ontario shoreline," the governor said in a prepared statement.

Cuomo submitted a formal request for a major disaster declaration in early July, more than two months after fast-rising waters triggered significant erosion and flooding on the shoreline.

The lake rose 30 inches from April through late May, when the level reached an all-time record high.

Thousands of properties suffered damage, especially during a series of minor to moderate storms that generated waves and pushed water farther onto the land.

In late May, long before the FEMA request went in, Cuomo announced that New York state would provide assistance to property owners. The state commitment has grown to $45 million, though the governor has said another $35 million may be needed.

The lake's levels are regulated by the International Joint Commission, which includes representatives of both Canada and the U.S. The commission and its controversial Plan 2014 for governing Lake Ontario water levels, has been at the center of a raging controversy about whether the plan exacerbated this year's flooding problems.

In an interview with USA TODAY later in the afternoon Tuesday, Collins said he has recommended three people to be IJC commissioners, at the behest of the administration, and the individuals have already been vetted by the FBI. He would not reveal their names but said he believes they will be chosen.

Collins continued to say he believes Plan 2014 played a role, along with Mother Nature, in the flooding.

He said the disaster declaration was delayed because FEMA was swamped with hurricane response.

After noticing Monroe wasn’t on the FEMA release, Collins said his office confirmed there was no “paperwork glitch” from the Governor’s Office — Cuomo’s office did request the money. So Collins’ staff checked on the omission with FEMA.

“They did not have an answer other than saying we will get a final determination in the next couple of weeks,” he said. “I don’t think anyone should be worried right now. There was no explanation but I feel like we’ll be OK. All the other counties were approved.”

SORR@Gannett.com

Includes reporting by correspondent Nicole Gaudiano of USA TODAY Network's Washington Bureau.