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Second Appeal Brief
PA ID# 000-U0FD2-00; California Department of Water Resources
PW ID# 99; Eligible Work
Citation: FEMA-1810-DR-CA; California Department of Water Resources
Cross - Eligible Work
Summary: Following the wildfires in November of 2008, the California Emergency Management Agency (Cal EMA) requested that the Applicant participate in the California Burn Area Recovery Teams (BART). The BART formed to evaluate the need for on-site evaluations to determine potential site specific mitigation measures to address post-fire effects to life, safety, property and natural/cultural resources above and beyond the typical fire suppression repair activities. The California Department of Water Resources (Applicant) incurred force account labor costs for its participation on the BART. FEMA prepared PW 99 in the amount of $165,000 for force account labor and travel expenses and 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 BART did not constitute emergency work nor was the Applicant legally responsible to implement emergency protective measures. The Applicant submitted its second appeal on February 23, 2010, reiterating the arguments from the first appeal. The Applicant provided additional information and stated that pursuant to California Water Code Section 128, Executive Order S-15-08, the Governor’s Proclamation and the Department of Water Resources Administrative Order it had the authority to perform the assessments associated with the BART.
Issue: Did the Applicant perform eligible emergency work as a participant in the BART?
Rationale: 44 CFR §206.225 (a)(3) Emergency Work