Net Small Project Overrun

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1577-DR
ApplicantCity of Big Bear Lake
Appeal TypeSecond
PA ID#071-06434-00
PW ID#xxxx
Date Signed2008-09-23T04:00:00

Citation:

FEMA-1577-DR-CA, City of Big Bear Lake, Net Small Project Overrun

Cross-reference:

Net Small Project Overrun, Time Limitations

Summary:

FEMA approved funding for twenty two (22) small projects for the City of Big Bear Lake (Applicant) which totaled $302,238. The Applicant completed its last small project on November 23, 2005. The Applicant submitted an appeal for a net small project overrun (NSPO) to the Governor’s Office of Emergency Services (OES) on January 20, 2006. OES transmitted the Applicant’s appeal to FEMA on September 18, 2006 and recommended additional funding for the NSPO in the amount of $65,543. The Deputy Regional Administrator denied the request, stating that the NSPO was not submitted within 60 days of the completion of the last small project. In the second appeal, OES maintained that the Applicant met the regulatory time limitation and should not be penalized for the delay by OES. Pursuant to 44 Code of Federal Regulations (CFR) §206.204(e)(2), an Applicant must submit an appeal for additional funding within 60 days of the completion of its small projects. Based on information provided with the appeal, the 60-day deadline to submit an NSPO request was January 23, 2006, the Applicant submitted its NSPO request on January 20, 2006.

Issues:

Did the Applicant submit a request for additional funding for a net small project overrun within the regulatory application deadline?

Findings:

Yes.

Rationale:

44 CFR §206.204(e)(2)

Appeal Letter

September 23, 2008

Frank McCarton
Governor’s Authorized Representative
Governor’s Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, California 95655

Re: Second Appeal–City of Big Bear Lake, PA ID 071-06434-00, Net Small Project Overrun, FEMA-1577-DR-CA

Dear Mr. McCarton:

This letter is in response to your letter dated February 14, 2008, which constitutes the referenced second appeal on behalf of the City of Big Bear Lake (Applicant). The Governor’s Office of Emergency Services (OES) is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of the Applicant’s request for a net small project overrun (NSPO) in the amount of $65,543.

FEMA approved funding for twenty two (22) small projects for the Applicant which totaled $302,238. The Applicant completed its last small project on November 23, 2005, and submitted an appeal for an NSPO to OES on January 20, 2006. OES transmitted the Applicant’s appeal to FEMA on September 18, 2006. In a letter dated April 16, 2007, the Deputy Regional Administrator denied the appeal, stating that the NSPO was not submitted within 60 days following completion of the last small project. In the second appeal, OES asserted that the Applicant met the regulatory time limitation and should not be penalized for the delay by OES.

Pursuant to 44 Code of Federal Regulations (CFR) §206.204(e)(2), an Applicant must submit an appeal for additional funding within 60 days following completion of its small projects. Based on information provided with the appeal, the 60-day deadline for the Applicant to submit an NSPO request was January 23, 2006. Although OES delayed its transmittal of the appeal to FEMA, the Applicant satisfied its regulatory time limitation.

I have reviewed the information submitted with the appeal and have determined that the Applicant’s appeal should be granted. By this letter, I am requesting the Regional Administrator to take appropriate action to implement my decision.

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

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