FEMA OIG Audit W-10-01
Appeal Brief
Appeal Letter
Citation: FEMA-1153-DR-NV; Storey County Building Department, DSRs 19472, 19474, 56414, and 08255
Cross-reference: Audit, Debris Removal, Culvert Replacement
Summary: During December 1996 and January 1997, a series of winter storms, flooding, mud and landslides impacted Storey County. The County required federal assistance for costs related to emergency response, debris removal, and repair of waterways and infrastructure. FEMA OIG Audit Report W-10-01 dated February 26, 2001, found ineligible non-disaster related and improved project costs totaling $61,591. Storey County is appealing the deobligation of $57,416 in funding related to Part A of the audit addressing non-disaster related costs. The State was notified on June 20, 2001, of the funding deobligation based on the audit report. The City submitted a first appeal on January 29, 2003, 20 months after the County was notified of the deobligation. The County claimed it was never informed of the regulatory timeline for appeals. However, FEMA in its deobligation and first appeal denial letters notified the State and applicant of the 60-day deadline for appeal submissions. FEMA denied the appeal in a response dated July 14, 2003, because it was submitted beyond the 60-day regulatory time limit for appeals as outlined in 44 CFR § 206.206 (c)(1). The City submitted the first part of its second appeal on September 17, 2003, which was supplemented with by documentation in a letter dated November 12, 2003.
Issues: Did the County submit the appeal within the regulatory timeframe?
Findings: No. The appeal was submitted approximately 20 months after FEMA deobligated the funds.
Rationale: 44 CFR § 206.206; Section 423 of the Stafford Act
Appeal Brief
| Disaster | FEMA-1153-DR |
| Applicant | Storey County Building Department |
| Appeal Type | Second |
| PA ID# | 029-00000 |
| PW ID# | 19472, 19474, 56414, and 08255 |
| Date Signed | 2004-05-18T04:00:00 |
Appeal Letter
May 18, 2004
Mr. Frank Siracusa
Governors Authorized Representative
State of Nevada Department of Public Safety
Division of Emergency Management
2525 South Carson St.
Carson City, Nevada 89711
Re: Second Appeal Storey County Building Department, PA ID: 029-00000, FEMA OIG Audit W-10-01, FEMA 1153-DR-NV, Damage Survey Reports (DSRs) 19472, 19474, 56414, and 08255
Dear Mr. Siracusa,
This is in response to your letter of November 24, 2003, forwarding an amended second appeal for Storey County Building Department, dated November 12, 2003. During December 1996 and January 1997, a series of winter storms, flooding, mud and landslides impacted Storey County. The County received federal assistance for costs related to emergency response, debris removal, and repair of waterways and infrastructure. A FEMA OIG Audit Report W-10-01 dated February 26, 2001, found ineligible non-disaster related and improved project costs totaling $61,591. Storey County is appealing the deobligation of $57,416 in funding related to Part A of the Audit addressing non-disaster related costs pertaining to DSR 08255 and DSR 56414.
DSR 56414 The DSR was approved for the replacement of three culverts. The audit report identified $2,470 in ineligible costs for the purchase of flatcars that were not used in the project, which was deobligated under DSR 19472.
DSR 08255 The DSR was approved for Category A debris removal from a flooded County riverbed at a cost of $62,499. The audit report identified eligible actual costs of $7,553. Per the audit recommendation DSR 19474 was prepared to deobligate $54,946 in estimated funding to recover costs related to unapproved permanent work.
The State was notified on June 20, 2001, of the funding deobligation based on the audit report. The City submitted a first appeal on January 29, 2003, 20 months after the County was notified of the deobligation. The County submitted no explanation of why the appeal was submitted after the regulatory deadline. FEMA denied the appeal in a response dated July 14, 2003, because it was submitted beyond the 60-day regulatory time limit for appeals as outlined in 44 CFR § 206.206 (c)(1).
The City submitted the first part of its second appeal on September 17, 2003, which was supplemented with documentation in a letter dated November 12, 2003. A review of the documentation submitted showed that it did not refute the audit findings. The City claimed that it was never notified of the appeal time limits and did not dispute FEMAs determination that the first appeal was not filed within the 60-day regulatory time limit. FEMA in its deobligation and first appeal denial letters informed the State that the applicant has 60 days to appeal within receipt of notice of the action. The State, as Grantee, is responsible under 44 CFR Parts 13, 14, and 206 to ensure that subgrantees are aware of requirements imposed upon them by Federal statute and regulation.
After reviewing the second appeal package, I have determined that the City failed to submit the first appeal within the 60-day regulatory timeframe specified in 44 CFR § 206.206. Therefore, the appeal is denied.
Please inform the City of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR § 206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Jeff Griffin
Regional Director
FEMA Region IX
Mr. Frank Siracusa
Governors Authorized Representative
State of Nevada Department of Public Safety
Division of Emergency Management
2525 South Carson St.
Carson City, Nevada 89711
Re: Second Appeal Storey County Building Department, PA ID: 029-00000, FEMA OIG Audit W-10-01, FEMA 1153-DR-NV, Damage Survey Reports (DSRs) 19472, 19474, 56414, and 08255
Dear Mr. Siracusa,
This is in response to your letter of November 24, 2003, forwarding an amended second appeal for Storey County Building Department, dated November 12, 2003. During December 1996 and January 1997, a series of winter storms, flooding, mud and landslides impacted Storey County. The County received federal assistance for costs related to emergency response, debris removal, and repair of waterways and infrastructure. A FEMA OIG Audit Report W-10-01 dated February 26, 2001, found ineligible non-disaster related and improved project costs totaling $61,591. Storey County is appealing the deobligation of $57,416 in funding related to Part A of the Audit addressing non-disaster related costs pertaining to DSR 08255 and DSR 56414.
DSR 56414 The DSR was approved for the replacement of three culverts. The audit report identified $2,470 in ineligible costs for the purchase of flatcars that were not used in the project, which was deobligated under DSR 19472.
DSR 08255 The DSR was approved for Category A debris removal from a flooded County riverbed at a cost of $62,499. The audit report identified eligible actual costs of $7,553. Per the audit recommendation DSR 19474 was prepared to deobligate $54,946 in estimated funding to recover costs related to unapproved permanent work.
The State was notified on June 20, 2001, of the funding deobligation based on the audit report. The City submitted a first appeal on January 29, 2003, 20 months after the County was notified of the deobligation. The County submitted no explanation of why the appeal was submitted after the regulatory deadline. FEMA denied the appeal in a response dated July 14, 2003, because it was submitted beyond the 60-day regulatory time limit for appeals as outlined in 44 CFR § 206.206 (c)(1).
The City submitted the first part of its second appeal on September 17, 2003, which was supplemented with documentation in a letter dated November 12, 2003. A review of the documentation submitted showed that it did not refute the audit findings. The City claimed that it was never notified of the appeal time limits and did not dispute FEMAs determination that the first appeal was not filed within the 60-day regulatory time limit. FEMA in its deobligation and first appeal denial letters informed the State that the applicant has 60 days to appeal within receipt of notice of the action. The State, as Grantee, is responsible under 44 CFR Parts 13, 14, and 206 to ensure that subgrantees are aware of requirements imposed upon them by Federal statute and regulation.
After reviewing the second appeal package, I have determined that the City failed to submit the first appeal within the 60-day regulatory timeframe specified in 44 CFR § 206.206. Therefore, the appeal is denied.
Please inform the City of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR § 206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Jeff Griffin
Regional Director
FEMA Region IX
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