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Second Appeal Brief
PA ID# 059-53520-00; City of Ocean Springs
PW ID# 3300; Debris Removal
SECOND APPEAL BRIEF
City of Ocean Springs, PA ID 059-53520-00
Debris Removal, Project Worksheet (PW) 3300
Citation: FEMA-1604-DR-MS, City of Ocean Springs, Debris Removal, PW 3300
Reference: Duplication of Benefits, Other Federal Agency (OFA)
Summary: Following Hurricane Katrina, FEMA prepared PW 3300 for debris removal costs associated with contract work performed from August 29, 2005, through September 30, 2005. FEMA de-obligated $94,461 at final inspection for costs associated with work on roads that are under the authority of the Federal Highway Administration’s (FHWA) Emergency Relief (ER) Program, which was activated on or about August 30, 2005. The Applicant submitted its first appeal on September 12, 2008, asserting that the first pass debris removal is eligible for FEMA funding and does not represent a duplication of benefits because the Applicant has not received funds from FHWA. The Applicant also asserted that $12,321of its initial request was eligible because it represented construction engineering, testing, and contingency costs that were not included in the PW. FEMA approved reinstating this amount in Version 1 of PW3300 on January 16, 2009, but determined that $82,140 remained ineligible. On May 19, 2009, the Mississippi Emergency Management Agency (MEMA) transmitted the Applicant’s second appeal, in which the Applicant again asserted that “potential reimbursement” from another source should not result in deobligation of funding from FEMA.
Issues: Is the Applicant eligible for reimbursement for costs of emergency debris removal work performed on Federal-aid roads for which the Applicant has not received funding under FHWA’s ER program?
Rationale: Robert T. Stafford Disaster and Emergency Assistance Act, Sec. 312(a), Duplication of Benefits; and Recovery Policy 9580.202, Debris Removal Authorities of Federal Agencies.