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Barnes County, ND - Acquistion

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

ApplicantNorth Dakota Department of Emergency Services
Appeal Type2nd
Date Signed2008-03-06T00:00:00
1st Appeal
• Issue
o Barnes County submitted grant closeout paperwork containing six structures not included in the approved acquisition project application which constituted a change to the approved scope of work (SOW). Approval for these changes was not requested prior to the submittal of closeout paperwork.  Because the Grantee did not comply with the regulatory requirement for prior approval, FEMA requested recoupment of the non-compliant costs. Barnes County Commissioners submitted additional information to Region VIII requesting exceptional circumstances consideration as a result of an illness and subsequent demise of an EM staff person during the management of this project.
• Reason for Denial
o Region VIII based the denial of the 1st appeal on the determination that the costs related to the six structures were not approved by FEMA prior to the acquisition activity.  Based on this determination, the costs were not in compliance with the requirement that a change in SOW must receive approval prior to any activity related to the change. 
• Reference(s)
o 44 CFR 206.434 Eligibility;   44 CFR 206.440 Appeals, 44 CFR 206.436(d) Application Procedures, 44 CFR Part 13.30 Changes
2nd Appeal
• Issue
o The Grantee filed a second appeal through Region VIII, stating that the demise of a county staffer was the primary reason for the lack of formal request for change/approval as well as their request for consideration of the additional properties identified in the closeout documents.  The Grantee also stated that all projects met all project eligibility requirements except for being included in the original SOW. 
• FEMA Findings
o FEMA HQ denied the 2nd appeal, supporting Region VIII’s decision to deny the 1st appeal.
o Rationale: No new or substantive additional information was provided in support of the 2nd appeal and the six structures were acquired and demolished prior to receiving FEMA approval. It was additionally noted that one structure may have required additional EHP evaluation.
o Reference(s):  44 CFR 206.440 Appeals; 44 CFR 206.434 Eligibility; 44 CFR 206.436(d) Application Procedures, 44 CFR Part 13.30 Changes

Appeal Letter

Lonnie G. Hoffer
Alternate Governor's Authorized Representative
State of North Dakota
Office of the Adjutant General
Department of Emergency Services
Post Office Box 5511
Bismarck, North Dakota 58506-5511
 
Dear Mr. Hoffer,
 
I am writing in response to your request dated November 26, 2007 for FEMA to review the second level appeal for Barnes County (Acquisition of 12 Residential Structures in Barnes County DR-1220-ND P17).  This second appeal follows the decision by the FEMA Region VIII Office in Denver for recoupment for the county’s acquisition project submitted under the Hazard Mitigation Grant Program (HMGP).
 
FEMA Headquarters personnel have thoroughly reviewed the information submitted with this second level appeal.  After careful consideration I have concluded that the original determination by Region VIII to disallow non-compliant costs claimed for this project should stand.  The second level appeal does not contain new or substantive information that would provide grounds for overturning the decision made at the Region.
 
The Regional Office found that the costs related to the following addresses were not approved by FEMA prior to the acquisition activity.  Therefore, the costs are not in compliance with the Code of Federal Regulations (44CFR Part 13.30(c)(2)) governing change in scope of work and approval prior to any activity related to the change. 
 
Addresses out of the Scope of Work - Barnes County, ND -  (DR1220-17R)d
House # Street City Pre-Event Fair Market Value
XXXX 127th Ave, SE Fingal $18,250
XXX 101st Ave, SE Marion $17,500
XXX 5th St., SW Valley City $49,000
XXX College St., SE Valley City $20,250
XXX College St., SW Valley City $31,750
XXX College St, SW Valley City $41,250
TOTALS $178,000
 
FEMA is requesting recoupment of the non-compliant costs.  Barnes County has estimated the non-compliant costs to be $195,018 and Region VIII has concurred with the calculation.
 
In conclusion, after review of the second level appeal documentation, FEMA Headquarters concurs with the determination by the Region to disallow seek recoupment of the non-compliant costs from Barnes County, North Dakota.
 
If you have any additional questions regarding this issue, please contact Mike Hillenburg, Chief, Hazard Mitigation Assistance Branch, Region VIII, at (303) 235-4875.
 
       Sincerely,
 

       David I. Maurstad
       Assistant Administrator
       Mitigation Directorate
 
cc:  Douglas A. Gore, Acting Regional Adminstrator, FEMA Region VIII
       Michael Hillenburg, Hazard Mitigation Assistance Branch Chief

 

Appeal Analysis

The costs related to the following addresses were not approved by FEMA prior to the acquisition activity.  Therefore, the costs are not in compliance with the Code of Federal Regulations (44CFR Part 13.30(c)(2)) governing change in scope of work and approval prior to any activity related to the change. 
Addresses out of the Scope of Work - Barnes County, ND -  (DR1220-17R)d
House # Street City Pre-Event Fair Market Value
XXXX 127th Ave, SE Fingal $18,250
XXXX 101st Ave, SE Marion $17,500
XXX 5th St., SW Valley City $49,000
XXX College St., SE Valley City $20,250
XXX College St., SW Valley City $31,750
XXX College St, SW Valley City $41,250
TOTALS $178,000

 

Last updated August 19, 2014