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Request for Public Assistance

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1699-DR
ApplicantSpringdale Township
Appeal TypeSecond
PA ID#XXX-XXXXX
PW ID#XXXX
Date Signed2008-07-29T04:00:00
Assistance (RPA)
Citation FEMA-1699-DR-KS, Springdale Township
Cross-reference: Request for Public Assistance (RPA); Time Limitations
Summary: Springdale Township (Township) is located in Sumner County, Kansas, and was impacted by severe storms, tornadoes and flooding from May 4-6, 2007. The President declared a major disaster for Kansas on May 6, 2007. The Township submitted its RPA to the State on October 24, 2007, 85 days after Sumner County was added to the President’s declaration. On October 28, 2007, Kansas Department of Emergency Management stated that the Township’s RPA was not submitted within the regulatory timeframe and there was no indication of extenuating circumstances. In a letter dated January 28, 2008, the Regional Administrator agreed with this determination in his decision on the first appeal. The Township submitted its second appeal on April 1, 2008, requesting that FEMA review and accept the justification it provided.
Issues: Has the Township provide information to support its request to accept its RPA after the regulatory application deadline?
Findings: No.
Rationale: 44 CFR §206.202(c) and 44 CFR §206.202(f) (2)

Appeal Letter

July 29, 2008

Angee Morgan State Coordinating OfficerKansas Division of Emergency Management 2800 SW Topeka Boulevard Topeka, Kansas 66611-1287 Re: Second Appeal–Springdale Township, Request for Public Assistance FEMA-1699-DR-KSDear Ms. Morgan: This is in response to your letter dated April 11, 2008, which transmitted the referenced second appeal on behalf of Springdale Township (Township). The Township is located in Sumner County, Kansas, and was impacted by severe storms, tornadoes and flooding from May 4, 2007, through May 6, 2007. The Township is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision not to accept its Request for Public Assistance (RPA) that was submitted after the regulatory application deadline. The President declared Sumner County as a part of a major disaster for Kansas on July 31, 2007. The Township submitted its RPA to the State on October 24, 2007, 85 days after Sumner County was added to the President’s declaration. On October 28, 2007, the Kansas Department of Emergency Management stated that the Township’s RPA was not submitted within the regulatory timeframe and there was no indication of extenuating circumstances beyond the State’s or the Township’s control as required under 44 CFR §206.202(c) and 44 CFR §206.202(f)(2). In a letter dated January 28, 2008, the Regional Administrator denied the Township’s first appeal.

The Township submitted its second appeal on April 1, 2008. The Township requested that FEMA review and accept the justification provided, reiterating that it did not receive the memorandum from Sumner County about the Applicants’ Briefing. FEMA has noted that other townships in the county did receive information and were present at the Applicants’ Briefing. In addition, public notices provided adequate information on Public Assistance eligibility requirements during the specified time period.
Based on my review of the information provided, I have determined that the Township has not identified extenuating circumstances for submitting the RPA after the established deadline. Therefore, the second appeal is denied. Please inform the Township of this determination. This determination constitutes the final decision of this matter pursuant to 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo Assistant Administrator Disaster Assistance Directorate
Last updated February 4, 2020