Appeal Summary | Appeal Letter | Appeal Analysis | Back
Second Appeal Summary
PA ID# 101-99101-00; Muskogee County
DSR ID# N/A; Time Limitations
Citation: FEMA-1355-DR-OK; Muskogee County, Time Limitations
Cross-reference: Time Limitations
Summary: Severe winter ice storms occurred during the incident period of December 25, 2000, to January 10, 2001, resulting in major disaster declaration FEMA-1355-DR-OK. Muskogee County District 1 claims there are three Project Worksheets (PWs) for $104,160 that were never paid and has provided three field copies of PWs dated July 7, 2001, for debris cleanup using force account labor and equipment. However, neither FEMA nor the State has any record of these PWs, as they are not entered into NEMIS. The PWs provide a generic description of damage and debris blocking roads but do not contain any specific information of road locations or quantities.
In a letter dated September 29, 2003, Muskogee County submitted a first appeal of FEMAs determination to deny the three referenced PWs. The appeal was transmitted by the State on November 6, 2003. The appeal was denied because the submittal was received well after completion deadlines for project performance and the 60-day appeal time limit, Muskogee County failed to identify eligible work and report additional damage per 44 CFR § 206.202(d), and Muskogee County had already been paid for its debris removal costs. The State transmitted Muskogee Countys second appeal on June 16, 2004, supporting the Countys appeal, although no substantive information was submitted.
Review of all Muskogee County PWs for FEMA-1355-DR-OK shows that 51 PWs were written to reimburse the County a total of $2,216,757 for debris removal. Six of those PWs, totaling $115,874, were specifically for Muskogee County District #1 force account labor and equipment.
Issues: Should FEMA add the three additional PWs claimed by the Applicant?
Findings: No. The appeal was not submitted within the 60-day regulatory timeframe. In addition, Muskogee County did not submit any information, which distinguishes these three PWs in question from the locations and quantities already paid under previous PWs.