Request for Public Assistance (RPA)

July 29, 2008

Ms. Angee Morgan
Alternate Governor Authorized Representative
Kansas Division of Emergency Management
2800 SW Topeka Boulevard
Topeka, Kansas 66611-1287

Re: Second Appeal–Pottawatomie Creek Watershed Joint District No. 90,
Request for Public Assistance (RPA), FEMA-1711-DR-KS

Dear Ms. Morgan:

This letter is in response to your letter dated March 18, 2008, which transmitted the referenced second appeal on behalf of the Pottawatomie Creek Watershed Joint District No. 90 (District). The District’s facilities are located in Franklin County, Kansas, which was impacted by severe flooding from June 26, 2007, through July 25, 2007. The District is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision not to accept its RPA, which was submitted after the regulatory application deadline.
The President declared a major disaster for Franklin County on July 18, 2007. The regulatory deadline for submitting RPAs was August 17, 2007. The District submitted its RPA on
October 16, 2007, 90 days after the President’s declaration. On October 20, 2007, the Regional Administrator denied the District’s RPA because it was not submitted within the regulatory timeframe and there were no extenuating circumstances beyond the District’s control as required under 44 CFR §206.202(c) and (f)(2). The District appealed this decision on October 25, 2007, stating that it was not informed of the 30-day deadline or of the Applicants’ Briefing held in Franklin County on July 16, 2007. However, FEMA issued multiple public notices that advised potential applicants to submit their RPAs prior to the deadline. Additionally, as evidenced by an email from the District dated October 10, 2007, the District decided to forego FEMA assistance until after it received an estimate of $250,000 for repairs. The Regional Administrator denied the first appeal on January 8, 2008.
In its second appeal, submitted January 31, 2008, the District reiterated the claims stated in its first appeal. The District has not provided any new or additional information to support its position.

I have reviewed all information submitted with the District’s second appeal and have determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. Therefore, the appeal is denied.

Please inform the Applicant of my decision. This determination constitutes the final decision of this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate

cc: Richard Hainje
Regional Administrator
FEMA Region VII