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 cost share agreement between the Applicant and USFWS creates a duplication of benefits.

CONCLUSION

: Funding is precluded because another Federal program is specifically designated to address the maintenance and restoration of TE-44 and there is a duplication of benefits.

AUTHORITIES

Stafford Act § 312(a). 16 U.S.C. § 3951-3956. 44 C.F.R. § 206.226(a). PA Guide, at 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. § 206.226(a)
Legal Responsibility – Other Federal Agency – Duplication of Benefits