o According to FEMA’s 2nd Appeal decision letter of September 2, 1993, the County requested a grant under HMGP to purchase and install 26 sirens for its outdoor warning system, pursuant to disaster declaration number FEMA-856-DR-AL. Region IV denied the County’s application for funds by letter on November 22, 1991. That letter stated the proposed project was “more correctly characterized as preparedness or response than mitigation.” Therefore, the “proposed project was inconsistent with the intent and eligibility criteria specified in regulations of the HMGP, as found at 44 CFR Part 206, Subpart N, Sec. 206.434.”
• Reason for Denial
o The proposed project was determined by FEMA Region IV not to be mitigation, and therefore was inconsistent with the intent and eligibility criteria specified in the regulations of the HMGP; and substitution for the funds of other Federal authority is prohibited. HMGP funds would duplicate funding that had been available for the proposed outdoor warning system through other Federal authorities.
o 44 CFR 206.430-440, HMGP minimum criteria for eligibility; 44 CFR 206.434(d), prohibition of substitution for the funds of other primary Federal authority
o The applicant filed a second appeal through Region IV asking for a review of the justification and rationale originally set forth in the first appeal, on June 4, 1992. The applicant on first appeal had responded in opposition to (1) the five reasons for initially denying the application as put forth by Region IV, (2) challenged interpretations under the law and regulations which conclude that the proposed project is not a “mitigation” measure, (3) appealed to logic for approval of the application because the project would save lives and prevent injuries during tornado conditions, and (4) FEMA had approved under the HMGP a similar project in another Alabama County.
• FEMA Findings
o FEMA HQ denied the 2nd Appeal.
o Rationale: The denial was primarily based on the position that the project would duplicate the funding authority of another Federal program (Duplication of Programs).
o Reference(s): 44 CFR 206.434(d)