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Second Appeal Brief
PA ID# 037-UXKB6-00; Los Angeles Retarded Citizens Foundation
PW ID# 486; Mud Debris Removal
SECOND APPEAL BRIEF
Los Angeles Retarded Citizens’ Foundation; PA ID 037-UXKB6-00
Mud Debris Removal; Project Worksheet (PW) 486
Citation: FEMA-1731-DR-CA, Los Angeles Retarded Citizens’ Foundation,
Mud Debris Removal, Project Worksheet (PW) 486
Reference: Debris Removal
Summary: On January 4, 2008, FEMA amended the wildfire declaration to expand the incident type for the disaster to include flooding, mudflows, and debris flows directly related to the wildfires. The amendment stated that only those areas that the Federal Coordinating Officer (FCO) determined on a case-by-case basis were damaged or adversely affected would be eligible. FEMA prepared PW 486 for the Los Angeles Retarded Citizens’ Foundation (Applicant) for $1,106 to remove debris from its irrigation system destroyed by the wildfires. However, FEMA determined $38,894 associated with mud and debris flows ineligible.
In its first appeal dated May 7, 2008, the Applicant argued that the removal of mudflow debris was a direct result of the wildfires. The removal of the mudflow debris was necessary for safe access to its facility and necessary to protect its facility from further damage. The Applicant asserted that it was not reasonable for FEMA to determine that only the La Jolla and Rincon Band of Luiseno Indians warranted inclusion under the amendment. FEMA’s denial of mud removal costs caused severe financial hardship to its organization, which included a residential program that cared for developmentally challenged adults. In a letter dated October 29, 2008, the Acting Regional Administrator denied the first appeal. The Acting Regional Administrator determined that the Applicant did not provide sufficient documentation to establish that the event affected the Applicant to such an extent and intensity to warrant inclusion under the amendment.
In a letter dated February 11, 2009, the Applicant submitted its second appeal stating that personnel changes in its management delayed its submittal of its second appeal and reiterates its request for mud debris removal costs.
Issue: Is the post-fire debris removal work that the Applicant performed eligible under the amended declaration for Public Assistance?
Rationale: 44 CFR §206.31-40; 44 CFR §206.223