Appeals

James W. Remillard

Acting Director

Missouri Department of Public Safety, State Emergency Management Agency

2302 Militia Drive, P.O. Box 116

Jefferson City, Missouri 65102

Re:

Second Appeal – Metropolitan St. Louis Sewer District, PA ID: 510-U02ZP-00,

FEMA-4250-DR-MO, Project Worksheet (PW) 593 – Appeals

Dear Mr. Remillard:

This is in response to a letter from your office dated November 13, 2020, which transmitted the referenced second appeal on behalf of the Metropolitan St. Louis Sewer District (Applicant).  The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $338,158.51 in Public Assistance funding for claimed emergency overtime costs and direct administrative costs.

Section 423(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance (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)(1), requires that applicants must file appeals within 60 days after receipt of a notice of the action that is being appealed.  Alternatively, pursuant to section 423(d)(1) of the Stafford Act, applicants may request arbitration to dispute the eligibility for assistance or repayment of assistance provided for a dispute of more than $500,000.00 for any disaster that occurred after January 1, 2016.  Applicants that wish to pursue an appeal or an arbitration must file a second-level appeal or section 423 arbitration request within 60 days after receipt of the first appeal decision.[1]

According to the Administrative Record, the Applicant received notice of FEMA’s denial by way of a first appeal decision on March 30, 2020.  In lieu of requesting a second appeal, the Applicant chose to file for arbitration pursuant to section 423(d) of the Stafford Act.  In a September 24, 2020 decision, the U.S. Civilian Board of Contract Appeals dismissed the arbitration.  On November 5, 2020, the Applicant then filed a second appeal, after the expiration of the 60-day timeframe provided for requesting a second appeal, in accordance with 44 C.F.R. § 206.206(c)(1).[2]  As the Applicant elected to file for arbitration rather than request a second-level appeal, this appeal is untimely and is therefore 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.

                                                                         Sincerely,

                                                                              /S/

                                                                          Tod Wells

                                                                          Deputy Director, Policy and Strategy

                                                                          Public Assistance Division

cc: Paul Taylor

      Regional Administrator

      FEMA Region VII

[1] See FEMA Fact Sheet, Public Assistance Appeals & Arbitration under the Disaster Recovery Reform Act, at 2 (Feb. 2020).

[2] Additionally, the Applicant did not file its second appeal before expiration of the filing extension deadline provided by FEMA in response to the ongoing Coronavirus Disease 2019 pandemic.  See Memorandum from Assistant Adm’r, Recovery Directorate, to Reg’l Adm’rs, FEMA Regions I-X (May 28, 2020) (extending the appeal filing deadline for applicants who had original deadlines from April 1 – May 31, 2020, to June 30, 2020).