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Second Appeal Brief
PA ID# 000-UCPOY-00; Louisiana Department of Natural Resources
PW ID# 4576; Timbalier Island Sand Fencing
Citation: FEMA-1607-DR-LA, Louisiana Department of Natural Resources, Timbalier Island Sand Fencing, Project Worksheet 4576
Reference: Other Federal Agencies
Summary: PW 4576 was prepared to remove and replace 4,500 linear feet (LF) of sand fencing in the amount of $55,876. On September 28, 2009, FEMA obligated PW 4576 for zero dollars because FEMA determined the repairs were under the specific authority of the Environmental Protection Agency (EPA) and pursuant to Title 44 Code of Federal Regulations (44 CFR) §206.226(a) General work eligibility. General, not eligible for finding under the Public Assistance (PA) program.
In its first appeal the Applicant argued that EPA does not have specific authority for the repair of the sand fencing and provided a letter from the EPA dated August 5, 2009 stating that EPA does not have any specific authority to repair damages caused by Hurricanes Gustav, Ike and Rita. The letter confirms that the EPA does not have any specific authority to repair these damages
The Regional Administrator denied the first appeal because the Cooperative Agreement stated that long term operations and maintenance (O &M) of the project and funding would be through a Memoranda of Agreement (MOA). Furthermore the agencies that are parties to the MOA were responsible for the long term monitoring, maintenance, repair and rehabilitation of authorized project features. The decision also noted that the project completion report submitted in the first appeal established that the repairs have been funded by other federal agencies in the past.
Issue: Is another Federal Agency responsible for funding the repair of the sand fence?
Rationale: 44 CFR § 206.226(a) General work eligibility. General; 44 CFR § 206.206 Appeals.