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Yellow Creek Volunteer Fire Department
Appeal Brief
| Applicant | Alabama Emergency Management Agency |
| Appeal Type | 2nd |
| Project Number | 563 |
| Date Signed | 2016-02-04T00:00:00 |
Ist Appeal
Issue - The subapplicant objected to an AEMA decision to administer grant requirements affecting award of funding for a saferoom project.
Reason for Denial - AEMA is responsible for administering grant requirements. In this case, discretion involved four key issues involving valuation of in-kind land donation, withholding of 25% of funds until project completion, prompt payment of invoices and requirement for State Fire Marshal inspection.
Reference (s) - 44CFR § 13.37 Subgrants
2nd Appeal
Issue - AEMA applied authority under FEMA's subgrant regulations to require the subapplicant to meet HMGP grant requirements involving valuation of in-kind land donation, withholding of 25% of funds until project completion, prompt payment of invoices and requirement for State Fire Marshal inspection. At issue was whether FEMA is justified to intercede on behalf of a subapplicant to control the State's administration of the specific grant requirements as an HMGP Recipient.
FEMA Findings - AEMA has acted properly as an HMGP Recipient consistent with FEMA's regulations on subgrants, authorizing the Recipient's discretion over administration of the Federal subaward. A primary rationale for this determination is that AEMA has consistently applied the limitations in question across the award. Reference (s) - 44CFR § 13.37 Subgrants
Appeal Letter
S. Wayne Ford, President
Board of Directors
Yellow Creek Volunteer Fire Department
10561 Turner Spur
Tuscaloosa, AL 35406
RE: Second Appeal – Yellow Creek Volunteer Fire Department
DR-1971-AL Project #563
Dear Mr. Ford:
This is in response to your letter dated November 12, 2015. The Yellow Creek Volunteer Fire Department is appealing the Alabama Emergency Management Agency’s (AEMA) management of Hazard Mitigation Grant Program (HMGP) funding for a safe room project in Tuscaloosa, Alabama.
Background:
On November 17, 2015, a Congressional aide for Congressman Robert Aderholt, emailed FEMA on behalf of the Yellow Creek Volunteer Fire Department, the subrecipient, to inquire about a second level appeal regarding certain policies by AEMA, the Recipient, that were in conflict with FEMA regulations. The subrecipient specifically requests FEMA to grant it relief in the form of directing AEMA to revise its decisions on four key issues. The key issues in the appeal are valuation of in-kind land donation, withholding of 25% of funds until the project is completed, prompt payment of invoices and requirement for a State Fire Marshal inspection.
Analysis:
The primary issue is whether or not FEMA is willing to intercede on behalf of the Yellow Creek Volunteer Fire Department on the four key issues. FEMA finds that the Recipient (AEMA) has acted properly as an HMGP Recipient consistent with Title 44 Code of Federal Regulations Part 13.37 Subgrants. These regulations authorize the Recipient the discretion to administer the Federal subaward. AEMA is within its proper discretion to place certain limitations on projects. AEMA has consistently applied these grant requirements across the given Award (HMGP DR-1971-AL). FEMA sees no reason to overturn the State’s decision on the four issues at question in this appeal.
Conclusion:
I have reviewed all documentation submitted by the Yellow Creek Volunteer Fire Department in connection with this appeal and have determined that the original appeal decision by the FEMA Regional office stands.
FEMA encourages the Recipient and subrecipient to work constructively with each other to address these and other issues that may arise in the future. By copy of this letter, I request the Regional Administrator to take appropriate action to implement this determination.
My determination is the final decision on this issue in accordance with 44 CFR 206.440, Appeals.
Sincerely,
Roy E. Wright
Deputy Associate Administrator
for Insurance and Mitigation
cc: Gracia Szczech (via email)
Regional Administrator
FEMA Region IV
Jesse Munoz (via email)
Director
Mitigation Division
FEMA Region IV
Appeal Analysis
AEMA applied administrative discretion affecting award of a Federal subgrant. AEMA's action was based on grant requirement-related issues involving valuation of in-kind land donation, withholding of 25% of funds until project completion, prompt payment of invoices and requirement for State Fire Marshal inspection. At issue was whether FEMA is justified to intercede on behalf of a subapplicant to control the State's administration of the specific grant requirements as an HMGP Recipient. FEMA determined that AEMA acted properly as an HMGP Recipient consistent with FEMA's regulations on subgrants. 44CFR § 13.37 authorizes Recipient discretion to administer the Federal subaward.