AEMA State Management Costs availability period, and subgrant POP, extension requests

Appeal Brief

• Issue

AEMA requested extension of the period of availability for State Management Cost (SMC) funds; AEMA requested extension of the Period of Performance (POP) for certain subgrants to enable two subgrantees to be paid for safe room projects. FEMA denied both requests. AEMA appealed both denials and FEMA denied the appeals.

• Reason for Denial

44 CFR provides that the period of availability for SMC funds not allow more than 180 days after the expiration of any POP extensions granted under Public Assistance or HMGP for project completion. The 180 day period in this case spanned from 2-1-2014 to 7-31-2014. No valid basis existed for extension of the POP because the projects had been completed several years prior.

• Reference

 44 CFR 207.8(b)(3)