AEMA Sandbagger (5%-lnitiative Program)
Appeal Brief
Appeal Letter
Appeal Analysis
Sandra K. Knight, PhD, PE
Deputy Federal Insurance and Mitigation Administrator, Mitigation
Appeal Brief
Applicant | Alabama Emergency Management Agency |
Appeal Type | 2nd |
Project Number | 1 |
Date Signed | 2011-05-13T00:00:00 |
1st Appeal
• Issue
o The Alabama Emergency Management Agency (AEMA) submitted an HMGP project application under the 5% Initiative for the purchase of three portable, automated sandbag filling machines for deployment during flood fighting activities. Region IV denied the application and 1st appeal, because FEMA does not approve HMGP funding for sandbagging machines and similar activities.
• Reason for Denial
o FEMA could not approve the activity because it did not meet minimum HMGP eligibility criteria, specifically the requirement that any funded activity provide a long-term mitigation solution.
• Reference(s)
o 44 CFR 206.440 Appeals; 44 CFR 206.434(c) Eligibility
2nd Appeal
• Issue
o AEMA argued that sandbaggers offer the same, if not more, mitigation benefits than generators, and that the use of sandbaggers would contribute to Alabama's comprehensive program to mitigate flooding disasters and increase resiliency.
• FEMA Findings
o FEMA HQ upheld Region IV’s decision to deny the 1st appeal.
o The rationale for the 2nd level appeal decision was that the guidelines established for the 5% Initiative provide that projects must meet any other applicable HMGP criteria in force at the time of the disaster declaration on May 8, 2009; Eligible 5% Initiative projects, including warning sirens and generators, have either been designated as eligible via memorandum or are permanent installations requiring no, or minimum, human intervention at the time of disaster to provide mitigation benefits.
o Reference(s): 44 CFR 206.440 Appeals; 44 CFR 206.434(c) Eligibility; HMGP Desk Reference
• Issue
o The Alabama Emergency Management Agency (AEMA) submitted an HMGP project application under the 5% Initiative for the purchase of three portable, automated sandbag filling machines for deployment during flood fighting activities. Region IV denied the application and 1st appeal, because FEMA does not approve HMGP funding for sandbagging machines and similar activities.
• Reason for Denial
o FEMA could not approve the activity because it did not meet minimum HMGP eligibility criteria, specifically the requirement that any funded activity provide a long-term mitigation solution.
• Reference(s)
o 44 CFR 206.440 Appeals; 44 CFR 206.434(c) Eligibility
2nd Appeal
• Issue
o AEMA argued that sandbaggers offer the same, if not more, mitigation benefits than generators, and that the use of sandbaggers would contribute to Alabama's comprehensive program to mitigate flooding disasters and increase resiliency.
• FEMA Findings
o FEMA HQ upheld Region IV’s decision to deny the 1st appeal.
o The rationale for the 2nd level appeal decision was that the guidelines established for the 5% Initiative provide that projects must meet any other applicable HMGP criteria in force at the time of the disaster declaration on May 8, 2009; Eligible 5% Initiative projects, including warning sirens and generators, have either been designated as eligible via memorandum or are permanent installations requiring no, or minimum, human intervention at the time of disaster to provide mitigation benefits.
o Reference(s): 44 CFR 206.440 Appeals; 44 CFR 206.434(c) Eligibility; HMGP Desk Reference
Appeal Letter
MAY 13, 2011
Art Faulkner
Director
Alabama Emergency Management Agency
Post Office Drawer 2160
Clanton, Alabama 35046·2160
Post Office Drawer 2160
Clanton, Alabama 35046·2160
Dear Mr. Faulkner:
Thank you for your letter dated March 11, 2011, to the Department of Homeland Security. Federal Emergency Management Agency (FEMA), to appeal denial of a Hazard Mitigation Grant Program (HMGP) application for funding of the proposed "Sandbagger (5% Initiative Program)" project under DR-1836.
The proposed project consists of the purchase of three portable, automated sandbag filling machines for deployment during flood fighting activities. FEMA does not approve HMGP funding for sandbagging machines and similar activities because they do not meet minimum HMGP criteria, specifically the requirement that any funded activity provide a long-term mitigation solution.
Under the guidelines established for the 5% Initiative, projects must still meet "any other applicable HMGP criteria" per the HMGP Desk Reference, which was the guidance in force at the time of the disaster declaration on May 8, 2009. This includes the general understanding that equipment that fulfills a preparedness or response purpose, and is therefore only used at the time a disaster event is occurring, is not an eligible use of HMGP funding. Other 5% Initiative projects that are eligible, including warning sirens and generators, have either been clearly and specifically designated as eligible via memorandum or are permanent installations that require little, if any, human intervention at the time of disaster to provide mitigation benefits.
After reviewing your letter and the appeal documentation, I must deny this appeal as the proposed project does not fit within the FEMA HMGP funding guidelines.
Sandra K. Knight, PhD, PE
Deputy Federal Insurance and Mitigation Administrator, Mitigation
Appeal Analysis
AEMA argued in its March 2011 2nd Appeal that: "The 5% initiative program was created to allow some flexibility to enhance each states' mitigation philosophy and receive funding to mitigate against each states' unique risk. While the risk of flooding is certainly seen nationwide, each state has its own prionties to mitigate the effects of flooding. While we agree this is not a traditional mitigation activity, we feel that it certainly offers the same, if not more, mitigation benefits than generators. The use of sandbaggers would contribute to Alabama's comprehensive program to mitigate flooding
disasters and increase resiliency.
disasters and increase resiliency.
FEMA HQ argued in its May 2011 denial letter: "Under the guidelines established for the 5% Initiative, projects must still meet "any other applicable HMGP criteria" per the HMGP Desk Reference, which was the guidance in force at the time of the disaster declaration on May 8, 2009. This includes the general understanding that equipment that fulfills a preparedness or response purpose, and is therefore only used at the time a disaster event is occurring, is not an eligible use of HMGP funding. Other 5% Initiative projects that are eligible, including warning sirens and generators, have either been clearly and specifically designated as eligible via memorandum or are permanent installations that require little, if any, human intervention at the time of disaster to provide mitigation benefits."
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