Net Small Project Overrun

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-0947-DR
ApplicantBig Bear Senior Center
Appeal TypeSecond
PA ID#071-91123
PW ID#N/A
Date Signed1999-01-04T05:00:00
N/A

Appeal Letter

January 4, 1999

Mr. Gilbert Najera
Governor's Authorized Representative
Disaster Field Office-Public Assistance Section
74 North Pasadena Avenue
West Annex, 2nd Floor
Pasadena, CA 91103-3678

Dear Mr. Najera:

This is in response to your letter dated October 19, 1998, to the Federal Emergency Management Agency (FEMA) forwarding a second appeal under FEMA-947-DR-CA on behalf of Big Bear Senior Center (subgrantee). The subgrantee is appealing the denial of their request for a net small project overrun (NSPO) because FEMA did not receive the NSPO request before the August 31, 1997, deadline.

As stated in FEMA's first appeal response, pursuant to Title 44 of the Code of Federal Regulations (44 CFR) Section 206.204(e)(3), when a subgrantee discovers a significant overrun related to the total final cost for all small projects, the subgrantee may submit an appeal for additional funding within 60 days following the completion of all of its small projects. This deadline was extended, requiring that FEMA receive NSPO requests, through your office, no later than August 31, 1997. Our office did not receive the subgrantee's NSPO request until October 8, 1997. The subgrantee has not provided any additional documentation in their second appeal to justify an exception to the established deadline. Therefore, I have found no basis to overturn the first appeal determination. Accordingly, the second appeal is denied.

Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on
April 8, 1998. It amends 44 CFR 206.206.

Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
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