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Second Appeal Brief
PA ID# 045-78200-00; City of Waveland
PW ID# 6364; Time Extension
Conclusion: The Applicant requested and was granted numerous time extensions to complete its water tank repair project. The Applicant repeatedly delayed putting out bids for the project and had not begun work on it when it submitted its final time extension request. The Regional Administrator properly exercised his discretion in denying the additional request and, in denying it, properly determined that no federal funding would be provided for the project, per 44 C.F.R. § 206.204(d)(2).
FEMA wrote Project Worksheet (PW) 6364 to document the estimated costs of repairing a City of Waveland (Applicant) water tank damaged by Hurricane Katrina in 2005. The Applicant initially planned to demolish the structure and build a new one as an improved project. The Applicant requested and was granted several time extensions for the project in the ensuing years. In 2011, in response to a state agency’s fire rating assessment, the Applicant decided to restore the tank. It submitted a revised cost estimate much higher than the one originally included in PW 6364. FEMA issued an eligibility determination stating that the original PW 6364 cost estimate, adjusted for anticipated insurance proceeds, would constitute eligible funding for the project, not the Applicant’s new, higher estimate. The Applicant submitted a first appeal related to the eligibility determination, as well as another time extension request, stating that FEMA’s eligibility determination prevented it from moving forward on the project. The Regional Administrator denied the request, and the Applicant filed a separate first appeal asserting that its time extension request should be accepted. The FEMA Region IV Regional Administrator denied the appeals, noting that the Applicant had repeatedly delayed putting out bids on the project and had failed to begin the project. The Regional Administrator deobligated all funding under PW 6364.
Authorities and Previous Appeals Discussed
- 44 C.F.R. § 206.204(d)(2)
- FEMA-1604-DR-MS, Hancock County Board of Supervisors, Time Extension (June 21, 2012)
- FEMA-1008-DR-CA, Los Angeles Brotherhood Crusade, African American Unity Center (Aug. 13, 2009)
- FEMA-1033-DR-GA, City of Albany, Turner Boat Pavilion (Sept. 10, 2003)
- A permanent work project must be completed within 18 months of the applicable major disaster or emergency declaration. A Grantee may extend this deadline for 30 months if warranted by extenuating circumstances or unusual project requirements beyond the subgrantee’s control.
Any time extension requests beyond the Grantee’s authorized extension must be submitted to the Regional Administrator. If the Regional Administrator approves a request, the approval letter will reflect the approved completion date and any other requirements necessary to ensure that the new completion date is met. If the Regional Administrator denies the time extension request, reimbursement for eligible project costs is available for costs incurred only up to the latest approved completion date. If the project is not completed, no Federal funding will be provided for the project.