Legal Responsibility – Other Federal Agency – Duplication of Benefits

Legal Responsibility - Federal

HEADNOTES

44 C.F.R. § 206.226(a) limits PA funding where there is another Federal authority to restore facilities. CWPPRA creates an ongoing Federal program to specifically address restoration of the barrier islands and wetlands. Stafford Act § 312 specifically prohibits applicants from receiving duplicate financial assistance. The cooperative agreement between the Applicant and USGS creates a duplication of benefits. The PA Guide, at 33, maintains that for facilities that require routine maintenance to maintain their designated function, FEMA may review the predisaster maintenance or inspection reports to verify the predisaster condition and assess eligible disaster damage. The Applicant has not provided predisaster maintenance or inspection reports to document routine maintenance of the CRMS sites.

CONCLUSION

: Funding is precluded because another Federal program is specifically designated to address the maintenance and restoration of the CRMS sites and there is a duplication of benefits. The Applicant also failed to provide documentation, such as predisaster maintenance or inspection reports, demonstrating that the damage sustained by the CRMS sites was a result of the declared disaster.

AUTHORITIES

Stafford Act § 312(a). 16 U.S.C. §§ 3951-3956. 44 C.F.R. §§ 206.223(a)(1), 206.226(a). PA Guide, at 29, 33, 41. FEMA Second Appeal Analysis, Louisiana Department of Natural Resources, FEMA-1792-DR-LA, PW 1545 (Nov. 26, 2012). FEMA Second Appeal Analysis, Louisiana Department of Natural Resources, FEMA-1607-DR-LA, PW 4576, at 2 (Mar. 12, 2012)

44 C.F.R. §§ 206.223(a)(1), 206.226(a)
Legal Responsibility – Other Federal Agency – Duplication of Benefits