Appeal Summary | Appeal Letter | Appeal Analysis | Back
Third Appeal Summary
PA ID# 027-44350; City of Manning
DSR ID# N/A; Additional Damages
PURPOSE: Respond to third appeal submitted by the City of Manning for funding of additional damages reported five years after the regulatory timeframe for Hurricane Hugo.
DISCUSSION: Hurricane Hugo hit South Carolina on September 21, 1989 (FEMA-0843-DR-SC). Due to the magnitude of damages, the deadline for reporting damages was extended until March 22, 1990. However, on August 1, 1995, the State Public Assistance Program issued Guidance No. 14-95, notifying applicant agents that their entities may be entitled to additional funding due to a recent policy reversal by FEMA. This guidance stated that FEMA's approval of Charleston County's request for Emergency Operation Center costs, more than five years after the disaster, represented a policy change in terms of timeframe for requesting assistance. In response to this Guidance, the applicant submitted a request on November 15, 1995, for additional disaster related costs. FEMA denied funding for these costs on the basis that they were submitted well beyond the regulatory timeframe, and on other issues regarding eligibility. The applicant submitted first and second level appeals stating that due to severe site conditions, it was not possible to properly assess these damages until after the deadline, and that they did notify the Governor's Office of these damages in March, 1991. The applicant has not provided a copy of the referenced letter, nor is there any documentation to support that a formal notification of these damages was made to FEMA prior to 1995. These appeals were denied on the basis that no extraordinary circumstances had been identified to justify an extension for reporting damages at such a late date. The applicant's third appeal restates their earlier appeal positions. The review of this appeal again concludes that there is no justification presented to alter the initial determinations of ineligibility.
RECOMMENDED ACTION: Sign the letter denying the third appeal.