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Second Appeal Summary
PA ID# 000-92012; Mississippi University For Women
DSR ID# 09259,09790; Audit Report No. E-28-98
Citation: FEMA-0967-DR-MS, P.A. 000-92012, Mississippi University for Women, DSRs 09259 and 09790, Audit Report No. E-28-98,
Cross-reference: Duplication of Benefits
Summary: Severe storms in October 1992 damaged buildings and grounds at the Mississippi University for Women (MUW). As a result, Damage Survey Reports (DSRs) were written for debris removal, emergency protective measures, and restoration projects. Public assistance funds awarded to MUW were audited and the results reported in Audit Report No. E-28-98. Finding A of this report stated that with regard to DSRs 09259 and 09790, MUW was not entitled to receive FEMA funding as it would result in a duplication of benefits. These projects were funded through the university's plant fund and the Mississippi Bureau of Building, Grounds and Real Property Management (Bureau), which received proceeds from the sale of State bonds. FEMA deobligated $562,440 (the amount paid by the Bureau), stating that FEMA reimbursement would result in a duplication of benefits. MUW received time extensions to file an appeal, which was submitted March 15, 1999. MUW argued that there was no duplication of benefits and "MUW used its own funds for all storm related repairs," as monies used by the Bureau to pay for the two projects in question were authorized by the Mississippi Legislature for use at MUW.
Issues: Was financial assistance from another program or another source used to fund DSRs 09259 and 09790, thereby constituting a duplication of benefits if FEMA were to fund these projects?
Rationale: Stafford Act Sec. 312(a)