FEMA Public Assistance Appeal Decision: Time Limitations/Extensions
PA ID# 071-78355-00; Village of Warwick
Facts: On second appeal, the Applicant states the New York State Division of Homeland Security and Emergency Services granted a 30-month retroactive time extension to April 16, 2014. The Applicant requests FEMA waive the administrative condition that a project must be completed within POP deadline under section 301 of the Stafford Act. It lists multiple reasons for the delay in completing permanent repairs, including subsequent disasters, newly discovered additional damages, and a lost PW.
Conclusion: The Applicant did not demonstrate that its failure to complete permanent repair work prior to the POP deadline was the result of the disaster. Therefore, the request for the administrative waiver under Stafford Act section 301 is not warranted. Accordingly, this appeal is denied.
- 44 C.F.R. § 206.204(d)(2) provides that if FEMA denies a time extension request, the applicant may still be reimbursed for eligible project costs, but only those incurred up to the latest approved completion date.The Applicant completed the original approved $29,366.84 in repair work after the latest approved project completion date, and so those costs are not eligible for reimbursement.
- Stafford Act § 301 provides that FEMA may also, if so requested by an applicant, modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.The Applicant has not demonstrated the failure to complete the permanent repair work within the POP was a result of this disaster.