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Second Appeal Letter
PA ID# 000-U2R7P-00; Kansas Department of Wildlife, Parks and Tourism
PW ID# 82, 168, 171, 212, 214, 266, FEMA-1932-DR-KS, PW 461; Legal Responsibility
Major General Lee Tafanelli
Kansas Division of Emergency Management
2800 SW Topeka Blvd.
Topeka, Kansas 66611-1287
Re: Second Appeal – Kansas Department of Wildlife, Parks and Tourism, PA ID 000-U2R7P-00, FEMA-4010-DR-KS, Project Worksheets (PWs) 82, 168, 171, 212, 214, 266, FEMA-1932-DR-KS, PW 461; Legal Responsibility – Other Federal Agency; Duplication of Benefits; Deferred Maintenance
Dear Major General Tafanelli:
This is in response to your letter dated August 22, 2013, which transmitted the referenced second appeal on behalf of the Kansas Department of Wildlife, Parks and Tourism (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $256,954.80 in funding for damage sustained at Glen Elder Reservoir. The Grantee appealed additional funding on behalf of the Applicant for a total appeal amount of $1,026,389.47.
As explained in the enclosed analysis, I have determined the damaged facilities are the Applicant’s legal responsibility per the lease agreement. Furthermore, the Applicant has provided sufficient documentation to show that it maintained the Waconda Lake shoreline at Glen Elder State Park. While the Bureau of Reclamation does not have explicit authority to provide disaster assistance, it did provide Title 28 funding to repair disaster related damages, and such funding represents a duplication of benefits where the scopes of work overlap with the FEMA PW scopes of work. Accordingly, I am partially granting the appeal for $595,833.76. By copy of this letter, I am requesting the Regional Administrator take appropriate action to implement this determination.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.
cc: Beth Freeman
FEMA Region VII