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Second Appeal Brief
PA ID# 071-99071-00; San Bernardino County
PW ID# SHR-013; Time Limitations
Citation: FEMA-1498-DR-CA; San Bernardino County, Project Worksheet (PW) SHR-013
Cross-reference: Time Limitations
Summary: Wildfires in San Bernardino County (County) in the fall of 2003 resulted in major disaster declaration FEMA-1498-DR-CA on October 27, 2003. As a result of the wildfires, the County requested mutual aid from the Riverside County Sheriffs Office to support evacuations, looter patrols, traffic control, and other emergency police functions for a total of $142,472 for labor and equipment. The County prepared PW SHR-013 on May 26, 2004, for $142,472 to reimburse Riverside County for its aid and sent it to the Federal Emergency Management Agency (FEMA) through the Governors Office of Emergency Services (OES). FEMA denied the request on October 8, 2004, because it had not been made within 60 days following the Countys kickoff meeting with FEMA on November 19, 2003, nor within the extended deadline of March 8, 2004, as approved by the Federal Coordinating Officer (FCO) and the State Coordinating Officer (SCO) in a letter dated February 9, 2004. The County submitted its first appeal on December 13, 2004, claiming that the documentation was delayed due to confusion with the Fire Management Assistance Grant Program being cancelled and all mutual aid costs having to be submitted through the Public Assistance Program. The FEMA Region IX Acting Regional Director denied the appeal on May 13, 2005, because the County did not identify damage within the deadline required by regulation, even with the deadline as extended by the FCO and SCO. The County submitted its second appeal on August 19, 2005, claiming that the delay in submitting the documentation was because of misinformation provided to the County and Riverside County by FEMA. OES does not support the Countys appeal for $142,472.
Issues: Does the Countys appeal present justification for approving its claim?
Findings: No. The Countys appeal does not provide justification for its inability to meet the deadline for identifying damage, even after the deadline was extended by almost two months.
Rationale: 44 CFR §206.202(d)(ii)