Appeal Timeliness – Net Small Project Overrun

Ron Walker

Director, State Emergency Management Agency

Missouri Department of Public Safety

2302 Militia Drive, P.O. Box 116

Jefferson City, MO 65102

Dear Mr. Walker,

This is in response to a letter from your office dated April 30, 2019, which transmitted the referenced second appeal on behalf of the City of Meta (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $6,066.84 for a small project cost overrun claimed for PW 398 (the Applicant’s only small project).

Section 423(a) of the Stafford Act provides that any decision regarding eligibility for assistance may be appealed within 60 days after the date on which the applicant is notified of the award or denial of assistance.  Implementing this provision, Title 44 of the Code of Federal Regulations (44 C.F.R.) section 206.206(c) requires that applicants must file appeals within 60 days after receipt of notice of the action that is being appealed.  Recipients must then review and forward appeals within 60 days after receipt of the appeal from the applicant.  Under 44 C.F.R. § 206.204(e)(2), when discovering a significant cost overrun, an applicant may appeal for additional small project funding within 60 days following the completion of all its small projects. The appeal must contain the documentation necessary to support the eligibility of all work and costs.

According to the Administrative Record, the Applicant notified the Missouri State Emergency Management Agency (Recipient) on June 2, 2017 of a cost overrun for PW 398.  The Applicant certified completion of PW 398 on June 29, 2017, but did not provide the Recipient with its final cost documentation to support the first appeal until January 29, 2018, more than 60 days later.  Additionally, the Recipient did not transmit the appeal until August 8, 2018.  Accordingly, both the Applicant and the Recipient did not meet the 60-day timeframe required by FEMA’s regulations, making the first appeal untimely.  For this reason I am denying this appeal.

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.

Sincerely,

       /S/   

Tod Wells

Acting Director

Public Assistance Division