Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 073-U4G30-00; Iron Sorings Water Group
PW ID# Project Worksheet 706; Irrigation and Storage Water Lines
FEMA-1498-DR-CA, Iron Springs Water Group (Applicant), Irrigation and Storage Water Lines, Project Worksheet (PW) 706Cross-reference:
Private Nonprofit (PNP)Summary:
As a result of the Cedar Fire in October 2003, the majority of the Applicants water system was damaged or destroyed. FEMA prepared PW 706 for $25,172. On March 14, 2007, the California Office of Emergency Services (OES) informed FEMA that the Applicant had never established itself as a PNP in accordance with 44 CFR §206.221(f). Subsequently, FEMA de-obligated funding through PW 706 version 1. The Applicant returned $4,856 to FEMA and submitted its first appeal on August 10, 2007. The Applicant stated that expecting repayment of the balance, which was received and spent in good faith, was unreasonable. The Applicant also stated that it was not previously advised by FEMA or OES that PNPs are required to have a not-for-profit tax identification number. The Deputy Regional Administrator denied the Applicants appeal on December 4, 2007.
In its second appeal, submitted February 27, 2008, the Applicant reiterates the claims stated in its first appeal.Issues:
Did the Applicant establish that it is an eligible PNP organization? Findings:
44 CFR §206.221(f).