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Net Small Project Overrun
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Second Appeal Brief
FEMA-1577-DR
PA ID# 071-06434-00; City of Big Bear Lake
PW ID# xxxx; Net Small Project Overrun
09/23/2008
PA ID# 071-06434-00; City of Big Bear Lake
PW ID# xxxx; Net Small Project Overrun
09/23/2008
Citation:
FEMA-1577-DR-CA, City of Big Bear Lake, Net Small Project OverrunCross-reference:
Net Small Project Overrun, Time LimitationsSummary:
FEMA approved funding for twenty two (22) small projects for the City of Big Bear Lake (Applicant) which totaled $302,238. The Applicant completed its last small project on November 23, 2005. The Applicant submitted an appeal for a net small project overrun (NSPO) to the Governor’s Office of Emergency Services (OES) on January 20, 2006. OES transmitted the Applicant’s appeal to FEMA on September 18, 2006 and recommended additional funding for the NSPO in the amount of $65,543. The Deputy Regional Administrator denied the request, stating that the NSPO was not submitted within 60 days of the completion of the last small project. In the second appeal, OES maintained 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 of the completion of its small projects. Based on information provided with the appeal, the 60-day deadline to submit an NSPO request was January 23, 2006, the Applicant submitted its NSPO request on January 20, 2006.Issues:
Did the Applicant submit a request for additional funding for a net small project overrun within the regulatory application deadline?Findings:
Yes.Rationale:
44 CFR §206.204(e)(2)
