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. Stafford Act Section 312 specifically prohibits applicants from receiving duplicate financial assistance. The cost share agreement between the Applicant and NRCS creates a potential duplication of benefits.

CONCLUSION

: Funding is precluded because another Federal program is specifically charged with the restoration of these islands. Funding is also precluded because there is a potential duplication of benefits.

AUTHORITIES

Stafford Act § 312(a). 16 U.S.C. § 3951-3956. 44 C.F.R. §§ 206.201(c), (j), 206.226(a), (j). PA Guide, at 22, 29, 33. FEMA Second Appeal Analysis, Louisiana Department of Natural Resources, FEMA-1792-DR-LA, PW 1545 (Nov. 26, 2012). FEMA Second Appeal Analysis, Office of Coastal Protection and Restoration, FEMA-4080-DR-LA, at 8-9 (Dec. 23, 2016). FEMA Second Appeal Analysis, Louisiana Department of Natural Resources, FEMA-1607-DR-LA, PW 4576, at 2 (Mar. 12, 2012)

44 C.F.R. §§ 206.201(c), (j), 206.226(a), (j)
Legal Responsibility – Other Federal Agency – Duplication of Benefits