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Second Appeal Brief
PA ID# 051-99051-00; Jefferson Parrish
PW ID# 12665; Alternate Project
Citation: FEMA-1603-DR-LA, Jefferson Parish, Hazard Alternate Project
Project Worksheet (PW) 12665
Reference: Alternate Project
Summary: On October 18, 2007, the Jefferson Parish (Applicant) requested an alternate project to demolish the Jefferson Parrish Courthouse, over two years after the kick-off meeting. The State sent the letter to FEMA on March 12, 2008. On
May 12, 2008, the State of Louisiana Division of Historic Preservation determined that the Jefferson Parish Courthouse was eligible for listing on the National Register for Historic Places. FEMA de-obligated PW 12665 on
June 9, 2008, because the Applicant demolished the Jefferson Parish Courthouse in April 2008, before FEMA could complete the statutory required review under Section 106 of the National Historic Preservation Act. The Regional Administrator sustained that finding on October 21, 2008. The Applicant contended that FEMA knew about the demolition since August 2007, delayed the review and did not inform it that there were historic preservation issues prior to demolishing the Jefferson Parish courthouse. The Applicant said it relied on general comments that the historical preservation specialists made and comments that FEMA officials made in meeting notes and the case management file to support its argument that FEMA knew about the demolition. The Applicant did not provide any new information in the second appeal.
Issue: Is the Applicant eligible for reimbursement for funds to demolish the Jefferson Parish Courthouse?
Rationale: Section 406 (c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR § 206.203(d)(2) Alternate Project; Section 106 of the National Historic Preservation Act Historic Preservation