Marilyn Gally, Director
Colorado Division of Homeland Security and Emergency Management
9195 E. Mineral Avenue, Suite 200
Centennial, CO 80112
Re: Second Appeal – Town of Lyons, PA ID 013-47070-00, FEMA-4145-DR-CO, Project Worksheet (PW) 552 – Force Account Labor – Emergency Labor
Dear Ms. Gally:
This is in response to a letter from your office dated October 6, 2016, which transmitted the referenced second appeal on behalf of the Town of Lyons (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding in the amount of $114,877.29 in costs for straight-time salaries and benefits of the Applicant’s permanently employed personnel performing emergency protective measures.
Stafford Act § 403(d), as amended by the Sandy Recovery Improvement Act, provides FEMA with discretionary authority to reimburse straight-time salaries and benefits for employees performing emergency protective measures. The Agency’s regulations remain in place and still represent its discretion to not fund these costs pursuant to 44 C.F.R. § 206.228(a)(2)(iii). Consequently, as explained in the enclosed analysis, the appeal is denied.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.
Public Assistance Division
cc: Nancy Dragani
Acting Regional Administrator
FEMA Region VIII