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

This is in response to a letter from your office dated December 26, 2016, which transmitted the referenced second appeal on behalf of the Omaha Tribe of Nebraska and Iowa (Tribe). The Tribe is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of its request for approval of an alternate project and a time extension to complete the alternate project. As explained in the enclosed analysis, I have determined that the Tribe failed to demonstrate the delay in completing the permanent work was due to extenuating circumstances beyond its control, and consequently, the Regional Administrator properly denied the Tribe’s request for a time extension. Additionally, as the period of performance has expired, I also find that the Tribe is not eligible for approval of an alternate project. Lastly, the Tribe’s second appeal was not submitted within the timeframes established by the Robert T. Stafford Disaster Relief and Emergency Assistance Act § 423(a) and Title 44 Code of Federal Regulations (C.F.R.) § 206.206(c)(1). Accordingly, I am denying the appeal. This determination is the final decision on this matter pursuant to 44 C.F.R. § 206.206, Appeals.