FEMA PA APPEAL SHORT SUMMARY & LINKS TO FEMA PA APPEAL WEBSITE

This is in response to a letter from your office dated September 30, 2016, which transmitted the referenced second appeal on behalf of the Town of Owego, New York (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $95,766.88 in Public Assistance (PA) funding associated with Project Worksheet (PW) 657 for repairs to the Highway Garage (Facility). As explained in the enclosed analysis, I have determined that the request to modify PW 2535 under FEMA-1650-DR-NY is untimely under Title 44 Code of Federal Regulations (44 C.F.R.) § 206.206(c)(1). Regardless, I also find that for PW 2535, FEMA correctly applied the insurance requirements under the Robert T. Stafford Disaster Relief and Emergency Assistance Act § 311(a) and 44 C.F.R. § 206.252. As such, the Applicant was required to obtain and maintain flood insurance for the Facility. The Applicant concedes it knew of the insurance requirement and the Facility did not possess flood insurance at the time of Tropical Storm Lee. 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.