Appeals, Other Federal Agency, Duplication of Benefits, EHP & Other Compliance

Appeals

HEADNOTES

Applicants must file an appeal in writing through the recipient. For disasters predating January 1, 2022, applicants and recipients are encouraged to use the Grants Portal system to submit appeals. The Applicant submitted appeals electronically through the Recipient’s Public Assistance (PA) platform. FEMA is prohibited from duplicating funding from other sources. Since the NRCS did not provide funding for the Applicant’s June 20, 2018 debris removal from the Palm River, then PA funding would not constitute a duplication of benefits. However, the Applicant’s debris removal from Port Au Prince Canal occurred during the NRCS project period, and the Applicant has not provided documentation verifying NRCS did not provide assistance for the work, so PA is ineligible as a duplication of benefits. EO 11990 requires Federal agencies to minimize or avoid activity that adversely affects wetlands and to encourage the preservation and enhancement of the beneficial functions of wetlands. FEMA verified that the Wiggins DMS is not located in a wetland, so costs associated with transporting debris are eligible.

CONCLUSION

FEMA finds that the Applicant removed debris from the Palm River prior to the start of the NRCS grant, so $63,184.20 is eligible since it does not duplicate funds received by another Federal agency. However, $406,949.40 for debris removal from the Port Au Prince Canal is ineligible as the Applicant has not verified NRCS did not provide assistance for that work, which occurred during the time that the NRCS grant was in effect for that site. Finally, the Applicant has demonstrated that the Wiggins DMS was not located in a wetland, so $309.12 for the cost of transporting debris is eligible. This appeal is partially granted.

AUTHORITIES

Stafford Act §§ 312, 403, 407, 423(a). 44 C.F.R. § 206.206(a), 206.224(a). PAPPG, at 41, 52-53, 133, 169. EO 11990, Protection of Wetlands. FEMA Policy: Public Assistance Appeals and Arbitration, at 2, n.5.

44 C.F.R. § 206.206(a), 206.224(a)
Appeals, Other Federal Agency, Duplication of Benefits, EHP & Other Compliance