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Second Appeal Brief
PA ID# 000-39374-00; La Jolla Band of Luiseno Indians
PW ID# 815; La Jolla Band of Luiseno Indians
Citation: FEMA-1731-DR-CA, La Jolla Band of Luiseno Indians, Legal Responsibility, Project Worksheet (PW) 815
Reference: General work eligibility, legal responsibility
Summary: In October 2007, wildfires burned throughout Southern California and the La Jolla Band of Luiseno Indians (Tribe) Reservation. FEMA prepared PW 815 for the set-up of temporary mobile homes for tribal members who lost their homes in the fire. Initially, FEMA denied funding for the PW because the mobile homes were located in the floodplain. On January 14, 2009, the Tribe submitted its first appeal for the reimbursement of $67,636. FEMA acknowledged that it had not completed a floodplain review and it was unnecessary to do so, because the location of the mobile homes did not have a bearing on the eligibility of PW 815. The Acting Regional Administrator denied the appeal because the Tribe did not have legal responsibility for the damaged homes or the provision of temporary housing.
The Tribe submitted its second appeal on March 9, 2009. The Tribe provided its Constitution to support the argument that it has legal responsibility for the destroyed homes. The Tribe also argues that FEMA failed to provide adequate guidance in the process, as well as coordination and communication.
Issue: Is the work eligible for Public Assistance funds?
Finding: No. The Tribe has not demonstrated that it had legal responsibility for the destroyed homes at the time of the disaster.
Rationale: 44 CFR §206.223 (a)(3), General work eligibility