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Second Appeal Brief
PA ID# 000-U04DA-00; State of Louisiana Military Department
PW ID# 17699; Jackson Barracks
Citation: FEMA-1603-DR-LA; State of Louisiana Military Department, PW 17699Cross-reference:
General Eligibility, Special ConsiderationsSummary:
Heavy flooding on August 29, 2005, damaged Jackson Barracks. FEMA prepared PW 15065 for $1,023,402 to repair the facilitys electrical infrastructure. Repairs for damages to Jackson Barracks utilities were also funded with Military Construction funding. On February 5, 2007, seven days before work was scheduled to begin, FEMA advised the Applicant that ground-disturbing activity in areas A through E of Jackson Barracks was unauthorized until an historical preservation review had been completed. Upon receipt of this letter, the Applicant halted its operations in these areas. FEMA notified the Applicant on March 10, 2007, that ground-disturbing activities could proceed in areas B through E. Work in areas A1 and A2 was not authorized because area A1 is listed on the National Register of Historic Places and area A2 is located on Native American burial grounds. The Applicant incurred $52,012 for its contractors demobilization and remobilization costs. FEMA determined that these costs, captured on PW 17699, are ineligible.
The Applicant submitted its first appeal on May 19, 2008. The Applicant argued that the costs incurred by the delay are the result of FEMAs interference in the projects progress. The Regional Administrator determined that these costs are ineligible and denied the Applicants appeal on July 25, 2008.
The Applicant submitted its second appeal on November 20, 2008. The Applicant maintained that its delay costs were attributed to FEMAs restriction of ground-disturbing activities. However, FEMAs direction to the Applicant was consistent with practice to ensure compliance with the National Environmental Policy Act. Issues:
Are the Applicants demobilization costs eligible for Public Assistance?Findings:
44 Code of Federal Regulations (CFR) §206.223, General Work Eligibility;
44 CFR Part 10, Environmental Considerations
; Section 106 of the National Historic Preservation Act; and Executive Order 13175, Consultation and Coordination with Indian Tribal Governments