PA ID# 071-06434-00; City of Big Bear Lake
PW ID# xxxx; Net Small Project Overrun
September 23, 2008
Frank McCarton Governor’s Authorized Representative Governor’s Office of Emergency Services Response and Recovery Division 3650 Schriever Avenue Mather, California 95655
Re: Second Appeal–City of Big Bear Lake, PA ID 071-06434-00, Net Small Project Overrun, FEMA-1577-DR-CA
Dear Mr. McCarton:
This letter is in response to your letter dated February 14, 2008, which constitutes the referenced second appeal on behalf of the City of Big Bear Lake (Applicant). The Governor’s Office of Emergency Services (OES) is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of the Applicant’s request for a net small project overrun (NSPO) in the amount of $65,543.
FEMA approved funding for twenty two (22) small projects for the Applicant which totaled $302,238. The Applicant completed its last small project on November 23, 2005, and submitted an appeal for an NSPO to OES on January 20, 2006. OES transmitted the Applicant’s appeal to FEMA on September 18, 2006. In a letter dated April 16, 2007, the Deputy Regional Administrator denied the appeal, stating that the NSPO was not submitted within 60 days following completion of the last small project. In the second appeal, OES asserted that the Applicant met the regulatory time limitation and should not be penalized for the delay by OES.
Pursuant to 44 Code of Federal Regulations (CFR) §206.204(e)(2), an Applicant must submit an appeal for additional funding within 60 days following completion of its small projects. Based on information provided with the appeal, the 60-day deadline for the Applicant to submit an NSPO request was January 23, 2006. Although OES delayed its transmittal of the appeal to FEMA, the Applicant satisfied its regulatory time limitation.
I have reviewed the information submitted with the appeal and have determined that the Applicant’s appeal should be granted. By this letter, I am requesting the Regional Administrator to take appropriate action to implement my decision.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206.
Sincerely, /s/ Carlos J. Castillo Assistant Administrator Disaster Assistance Directorate
cc: Nancy Ward Regional Administrator FEMA Region IX