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Second Appeal Brief
PA ID# 029-11000-00; City of Buffalo
PW ID# 263; Snow Removal Costs
Citation: FEMA-3170-EM-NY; City of Buffalo, Emergency Protective Measures, PW 263
Cross-reference: Snow Removal Costs
Summary: A snowstorm dropped 81.5 inches of snow on the City of Buffalo (City) on December 24-29, 2001, resulting in an emergency declaration for a 120-hour period beginning on December 28, 2001. On February 28, 2002, the Federal Emergency Management Agency (FEMA) wrote Project Worksheet (PW) 263 for $382,525 for the storage of snow as submitted by the City. This PW was made ineligible by FEMA on March 4, 2002, because the storage of snow is ineligible per 44 CFR §206.225(a)(3). The City argued in the first appeal that its actions were necessary, done under a contract with the Niagara Frontier Transportation Authority (NFTA), and were reasonable according to the rates published by the NFTA. After seeking guidance from FEMA Headquarters, the Acting Regional Director determined that the storage of snow is not an eligible expense and denied the first appeal. After reviewing the Citys second appeal package, the City did not have the legal responsibility to store snow on NFTAs property. Therefore, the costs incurred by the City for storing snow during the assistance period are not eligible.
Issues: Is the cost for the storage of snow eligible?
Findings: No. The City did not have the legal responsibility to store snow on NFTAs property.
Rationale: 44 CFR §206.225