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Second Appeal Brief
PA ID# 000-UYUB9-00; California Department of Forestry and Fire Protection
PW ID# 70; Eligible Work
Citation: FEMA-3287-EM-CA; California Department of Forestry and Fire Protection (Applicant)
Cross - Eligible Work
Summary: Following the wildfires in the summer of 2008, the California Emergency Management Agency (Cal EMA) requested that the Applicant participate in the multi-agency State Emergency Assessment Teams (SEAT). The SEAT conducted on-site evaluations and developed site specific mitigation measures to address the post fire effects to life, safety, property and natural/cultural resources above and beyond the typical fire suppression repair activities. The Applicant incurred force account labor and equipment support costs for its participation on the SEAT. Cal EMA prepared PW 70 for $191,675 to reimburse the Applicant for their expenses. FEMA did not approve the PW because the Applicant did not perform eligible emergency work.
In its first appeal, the Applicant asserted that similar types of expenses were eligible in a previous disaster, FEMA-1731-DR. FEMA denied the appeal because it determined that the Applicant’s participation in the multi-agency SEAT did not constitute emergency work nor was the Applicant legally responsible to implement emergency protective measures. FEMA requested that the State provide supporting documentation to substantiate specific emergency protective measures implemented by the Applicant which were based on information included in the SEAT report. After review of the supplemental information, FEMA upheld its determination that the scope of work conducted by the Applicant is not eligible for funding. In addition, FEMA did not authorize these types of efforts for federal funding under emergency declaration 3287.
Issues: Did the Applicant perform eligible emergency work as a participant in the SEAT?
Rationale: 44 CFR §206.225 (a)(3) Emergency Work