o The State of Kansas, on behalf of Resurrection Catholic School in Wichita, Kansas submitted a sub-application to harden four classrooms and a hallway in a new addition to serve as a community safe room. Approval was granted on the condition that the design conforms to FEMA 361 and that no construction takes place until FEMA had reviewed and approved the design. The FEMA review of the design exceeded initial time frame estimates and construction was initiated approximately 5 months prior to receipt of design approval from FEMA. Subsequently, the Regional Office informed the State that it was de-obligating funds for construction due to noncompliance with the conditions of the award. Region VII approved the design costs but denied the construction costs.
• Reason for Denial
o Region VII based the denial of the 1st appeal on the fact that the project construction costs were ineligible because construction had been initiated prior to grant approval.
o 44 CFR 206.434 Eligibility; 44 CFR 206.440 Appeals, 44 CFR 206.436Application Procedures; 44 CFR Part 13.30 Changes; 44 CFR 13.43 Remedies for Noncompliance
o The subgrantee filed a second appeal asking for a review of the justification and rationale set forth in the first appeal. The subgrantee stated that following preliminary approval, delays in final design approval far exceeded FEMA estimates and the safe room was constructed in accordance with FEMA requirements. The primary issue for review was whether the School is eligible for the grant when it did not comply with a condition of the grant award.
• FEMA Findings
o FEMA HQ granted the 2nd appeal, overturning the 1st appeal denial.
o Rationale: A remedy for noncompliance, per 44 CFR 13.43 is to allow the subgrantee to correct the deficiency. FEMA determined that the School's safe room design was in compliance with FEMA 361.
o Reference(s): 44 CFR 206.440 Appeals; 44 CFR 206.434 Eligibility; 44 CFR 206.436 Application Procedures; 44 CFR 13.43 Remedies for Noncompliance