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Appeals

Appeal Brief Appeal Letter

Appeal Brief

Disaster4421
ApplicantWatkins Drainage District
Appeal TypeSecond
PA ID#129-U1NNT-00
PW ID#GMP 108422
Date Signed2021-08-24T16:00:00

N/A

Appeal Letter

John Benson

Interim Director

Iowa Department of Homeland Security and Emergency Management

7900 Hickman Road

Suite 500

Windsor Heights, Iowa 50324-4402

 

Re:

Second Appeal – Watkins Drainage District, PA ID: 129-U1NNT-00, FEMA-4421-DR-IA, Grants Manager Project (GMP) 108422 – Appeals

 

Dear Mr. Benson:

This is in response to a letter from your office dated May 26, 2021, which transmitted the referenced second appeal on behalf of Watkins Drainage District (Applicant).  The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $501,442.00 in costs pertaining to repairs to its levee system along the Missouri River after flood damage caused systemic failure of the facility.

Section 423(a) of the 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, section 206.206(c), requires that applicants must file appeals within 60 days after receipt of a notice of the action that is being appealed.  Grantees must then review and forward appeals within 60 days after receipt of the appeal from the applicant.

According to the Administrative Record, the Applicant filed its second appeal on March 7, 2021.  However, the Iowa Department of Homeland Security and Emergency Management did not transmit the appeal until May 27, 2021.  This was after the 60-day timeframe required by FEMA’s regulations, making the second appeal untimely.  Therefore, this appeal is 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/

                                                                      Ana Montero

                                                                     Division Director

                                                                     Public Assistance Division

 

cc: Kathy D. Fields

Acting Regional Administrator

FEMA Region VII

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