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Irrigation and Storage Water Lines

Appeal Brief

DisasterFEMA-1498-DR
ApplicantIron Sorings Water Group
Appeal Type2nd
PA ID#073-U4G30-00
PW ID#Project Worksheet 706
Date Signed
Citation: FEMA-1498-DR-CA, Iron Springs Water Group (Applicant), Irrigation and Storage Water Lines, Project Worksheet (PW) 706 Cross-reference: Private Nonprofit (PNP) Summary: As a result of the Cedar Fire in October 2003, the majority of the Applicant’s water system was damaged or destroyed. FEMA prepared PW 706 for $25,172. On March 14, 2007, the California Office of Emergency Services (OES) informed FEMA that the Applicant had never established itself as a PNP in accordance with 44 CFR §206.221(f). Subsequently, FEMA de-obligated funding through PW 706 version 1. The Applicant returned $4,856 to FEMA and submitted its first appeal on August 10, 2007. The Applicant stated that expecting repayment of the balance, which was received and spent in good faith, was unreasonable. The Applicant also stated that it was not previously advised by FEMA or OES that PNPs are required to have a not-for-profit tax identification number. The Deputy Regional Administrator denied the Applicant’s appeal on December 4, 2007. In its second appeal, submitted February 27, 2008, the Applicant reiterates the claims stated in its first appeal. Issues: Did the Applicant establish that it is an eligible PNP organization? Findings: No. Rationale: 44 CFR §206.221(f).

Appeal Letter

September 2, 2008 Frank McCarton Governor’s Authorized Representative Governor’s Office of Emergency Services Response and Recovery Division 3650 Schriever Avenue Mather, CA 95655 Re: Second Appeal–Iron Springs Water Group, PA ID 073-U4G30-00, Irrigation and Storage Water Lines, FEMA-1498-DR-CA, Project Worksheet (PW) 706 Dear Mr. McCarton: This letter is in response to your letter dated April 3, 2008, which transmitted the referenced second appeal on behalf of the Iron Springs Water Group (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding due to its status as an ineligible private nonprofit (PNP) organization. The Applicant has provided water to property owners in Harrison Park, south of Julian, CA, since its establishment in 1929. As a result of the Cedar Fire in October 2003, the majority of the Applicant’s water system was damaged or destroyed. The Applicant’s Request for Public Assistance was approved on January 23, 2004, and FEMA prepared PW 706 for $25,172. On March 14, 2007, the California Office of Emergency Services (OES) informed FEMA that the Applicant had never established itself as a PNP in accordance with 44 CFR §206.221(f). Subsequently, FEMA de-obligated funding through PW 706 version 1. The Applicant returned $4,856 to FEMA and submitted its first appeal on August 10, 2007. The Applicant stated that expecting repayment of the balance, which it received and spent in good faith, was unreasonable. The Applicant also stated that it was not previously advised by FEMA or OES that PNPs are required to have a not-for-profit tax identification number. The Deputy Regional Administrator denied the Applicant’s appeal on December 4, 2007. In its second appeal, submitted February 27, 2008, the Applicant reiterates the claims stated in its first appeal. The Applicant has not provided any new or additional information to support its position or demonstrate that it qualifies as a PNP in accordance with 44 CFR §206.221(f). I have reviewed all information submitted with the Applicant’s second appeal and have determined that the Deputy Regional Administrator’s decision in the first appeal is consistent with Public Assistance Program regulations and policies. Accordingly, I am denying the second appeal. Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206. Sincerely, /s/ Carlos J. Castillo Assistant Administrator Disaster Assistance Directorate cc: Nancy Ward Regional Administrator FEMA Region IX

Appeal Analysis

Last updated Feb 4, 2020

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