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Second Appeal Brief
PA ID# 000-UTFMG-00; Office of Coastal Protection and Restoration
PW ID# PW 1456; Direct Result of Disaster, Immediate Threat
Conclusion: Office of Coastal Protection and Restoration (Applicant) has not demonstrated either that debris resulted directly from Hurricane Isaac (Isaac) or that the debris removal was in the public interest.
During an incident period from August 28, 2012 to September 10, 2012, Isaac impacted coastal waterways in Louisiana. The Applicant requested funding to remove waterway debris. In response, FEMA prepared Project Worksheet (PW) 1456, but did not award funding, finding the debris removal ineligible because the Applicant did not demonstrate the debris resulted from Isaac or that the removal was cost effective. On August 16, 2013, the Applicant filed an appeal, arguing it was improper for FEMA to deny eligibility without inspecting Bayous Yscloskey and LaLoutre and that it was willing to work with FEMA to adjudicate the origin of reported debris. The FEMA Regional Administrator denied the appeal, finding that the Applicant did not demonstrate that the debris resulted from Isaac or that debris posed an immediate threat requiring removal. On March 24, 2016, the Applicant filed a second appeal, arguing debris removal is required as a direct result of the disaster and requesting FEMA to make its final determination only after reviewing a comprehensive debris analysis and inspecting the Yscloskey and LaLoutre Bayous. Additionally, the Applicant argues it provided sufficient documentation of an immediate threat, asserting historical data indicates a major storm occurs every five years.
Authorities and Second Appeals
Stafford Act §§ 403(a)(3)(A), 407(a), 502(a)(5).
44 C.F.R. § 206.206(a), 206.223(a)(1), 206.224(a).
RP9523.5, at 4, 5, 7.
PA Guide, at 66-68.
Pursuant to 44 C.F.R. § 206.223(a)(1) , an item of work must be the result of a major disaster. Additionally, RP9523.5, requires that the debris from waterways be a direct result of the major disaster.
As outlined in 44 C.F.R. § 206.224(a), FEMA must determine that debris removal is in the public interest. Such removal is in the public interest when it eliminates threats to lives, public health and safety, or improved public or private property; or ensures the economic recovery of the affected community.