Severe storm surge from Hurricane Isaac during the incident period August 26 to September 10, 2012 caused damage to a beach and dunes on TE-40. FEMA prepared Project Worksheet 1571 to document the repair work, finding the work ineligible due to a lack of a regular maintenance plan, and the work being the responsibility of another federal agency. On first appeal, the Applicant argued that: (1) the work is eligible as there is no other agency with specific authority to repair the damages in question, (2) FEMA’s denial of eligibility on the basis of purported legal authority of another federal agency is contrary to statute, regulation, and policy, and (3) TE-40 is an eligible facility because it is does not require routine maintenance, or FEMA should recognize inspection reports as sufficient to establish pre-disaster condition. The FEMA Region VI Regional Administrator denied the first appeal finding that the natural features of TE-40 were not maintained and thus failed to meet the regulatory requirements to be considered an improved beach, and that FEMA is prohibited from funding the repairs due to the Applicant’s agreement with the Environmental Protection Agency to construct TE-40. On second appeal, the Applicant argues that FEMA’s denial is erroneous because: (1) there is no other federal agency responsible for funding the disaster-related repairs; and (2) FEMA’s denial is incorrect because TE-40 is an eligible “facility.” Authorities and Second Appeals Stafford Act §§ 102(9)(C), 312(a) 705(c). 16 U.S.C. §§ 3502(6)-(7), 3951-3956. 44 C.F.R. §§ 206.201(c), (j), 206.226(a), (j), 206.340, 206.343(a). PA Guide, at 22. FEMA Recovery Policy FP-205-081-2, Stafford Act Section 705, Disaster Grant Closeout Procedures (Mar. 31, 2016). FEMA Second Appeal Analysis, Louisiana Department of Natural Resources Isles Dernieres Restoration Projects, FEMA-1437-DR-LA (Jan. 25, 2005) FEMA Second Appeal Analysis, Ventura County, FEMA-1577-DR-CA (July 7, 2009) Headnotes 44 C.F.R. § 206.201 defines a facility as “any publicly or privately owned building, works, system or equipment, built or manufactured, or an improved and maintained natural feature.” Louisiana’s coastal barrier islands, as a whole, do not qualify as a “system” because they were not “built or manufactured.” The PA Guide states that maintenance must have been done on a regular schedule and to standards to ensure that the improvement performed as designed. TE-40 is not a “facility” because the Applicant failed to demonstrate that the barrier island was maintained. 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.