Request for Public Assistance

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1607-DR
ApplicantWest Cameron Port Commission
Appeal TypeSecond
PA ID#xxx-xxxxx
PW ID#xxx
Date Signed2008-09-03T04:00:00

Citation:

FEMA-1607-DR-LA; West Cameron Port Commission; Request for Public Assistance

Cross- Request for Public Assistance; Time Limitations
Reference:
 

Summary:

The President declared a major disaster in Louisiana for Hurricane Rita on September 24, 2005. The deadline to submit a Request for Public Assistance (RPA) was March 1, 2006. Cameron Parish filed an RPA in October 2005, which was intended to cover all components of the parish government. The West Cameron Port Commission (Applicant) is affiliated with Cameron Parish, but submitted a separate RPA on March 1, 2007, to seek funding for dredging of the Calcasieu Pass (Cameron Loop), for which it has maintenance responsibility. The RPA was not accepted by FEMA because the deadline had expired. In its appeal, the Applicant identified that it initially functioned as a single entity with Cameron Parish to seek FEMA reimbursement for this work. However, it was later determined by the State that funding for dredging could not be pursued through Cameron Parish because the parish does not have legal responsibility for the work; and a separate RPA for the Applicant was required. The need for a separate RPA was not recognized earlier because the Applicant was involved in 2006 in disputes over waterway control and maintenance responsibility with Lake Charles Port Authority and United States Army Corps of Engineers (USACE).
 

Issues:

Did the Applicant identify extenuating circumstances that warrant acceptance of a late RPA?
 

Findings:

Yes.
 

Rationale:

44 Code of Federal Regulations §206.202(f)(2)

Appeal Letter

September 3, 2008

Colonel Thomas Kirkpatrick
State Coordinating Officer
Governor’s Office of Homeland Security and Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, Louisiana 70806

Re: Second Appeal – West Cameron Port Commission, PA ID Unassigned,
Request for Public Assistance, FEMA-1607-DR-LA

Dear Colonel Kirkpatrick:

This is in response to your letter dated March 3, 2008, transmitting the referenced second appeal on behalf of West Cameron Port Commission (Applicant). The Applicant is appealing the denial by the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) to accept a Request for Public Assistance (RPA) submitted after the established time limitation for Hurricane Rita. The President declared a major disaster in Louisiana on September 24, 2005. The application deadline for submittal of RPAs was March 1, 2006. Cameron Parish and the Cameron Parish Policy Jury filed RPAs with FEMA in October 2005. The Applicant is affiliated with the Cameron Parish Police Jury, which appoints commissioners and provides ongoing technical assistance for the West Cameron Port Commission. Cameron Parish officials determined that only one RPA was needed with respect to components of the parish government and withdrew the RPA for Cameron Parish Policy Jury on February 4, 2006. The Applicant submitted a separate RPA on March 1, 2007, to seek funding for dredging of the Calcasieu Pass (Cameron Loop), for which it has maintenance responsibility. The RPA was not accepted by FEMA because the deadline had expired one-year prior.

The Applicant submitted its first appeal on April 19, 2007, citing extenuating circumstances that caused the late RPA submittal. The Applicant identified that it initially functioned as a single entity with Cameron Parish to seek FEMA funding for the dredging project. As stated in the appeal, Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP) later determined that funding for dredging could not be pursued through Cameron Parish because the parish does not have legal responsibility for the work. Therefore, GOHSEP recommended that the Applicant submit a separate RPA. GOHSEP indicated that the need for a separate RPA was not recognized earlier because the Applicant was involved in 2006 in disputes over waterway control and maintenance responsibility with Lake Charles Port Authority and United States Army Corps of Engineers (USACE). The Regional Administrator denied the appeal in a letter dated October 18, 2007, stating that the cited extenuating circumstances lacked merit and that the cost of dredging would not be eligible because it is under the authority of USACE.

The Applicant submitted its second appeal on January 7, 2008. The Applicant reiterated extenuating circumstances cited in the first appeal and mentioned that Cameron Parish was in disarray for many months after Hurricane Rita. In your transmittal letter of the Applicant’s second appeal, you added that FEMA’s determination that the proposed dredging work is ineligible should not be a basis for denial of the RPA.

Based on my review of the information provided, I have determined that the extenuating circumstances identified by the Applicant warrant acceptance of a late RPA, in accordance with 44 Code of Federal Regulations (CFR) §206.202(f)(2). Therefore, the appeal is approved and the Regional Director will be advised to accept the Applicant’s RPA. The Applicant may request funding for eligible work through the Project Worksheet process. However, acceptance of the RPA does not imply eligibility of the proposed dredging work. FEMA cannot provide funding for a facility that is under the authority of another Federal agency, even if the authorized agency decides not to provide assistance for the work.

Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.

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

cc: William Peterson, Regional Administrator
FEMA Region VI

James Stark, Director
Louisiana Transitional Recovery Office

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