Application Procedures

Appeal Brief

Appeal Letter

Appeal Analysis

Background

From August 23 through 27, 2020, Hurricane Laura brought heavy rain, flooding, and high winds to the state of Texas.[1] Heavy winds damaged outdoor property in the West Orange Cove Consolidated Independent School District (Applicant), including high school baseball, football and softball fields and elementary school playground equipment. The Applicant submitted a Request for Public Assistance for funding under FEMA’s Public Assistance (PA) program and completed its Recovery Scoping Meeting (RSM) on July 8, 2021. FEMA wrote Grants Manager Project (GMP) 243130 to capture permanent work associated with the claimed damage to outdoor property on athletic fields (Facilities) throughout the Applicant’s district. 

On April 3, 2023, the Texas Division of Emergency Management (Recipient) transmitted the Applicant’s request for a late Damage Inventory (DI) submission to include three items in the DI. The three damage items were two concession stands at the high school football stadium and a concession stand/restrooms at the high school baseball stadium (collectively referred to as concession stands).[2] The request stated those damages were included in the original DI submitted to FEMA. However, the Applicant stated that inaccurate information regarding what qualified as a separate structure and what needed to be classified under a separate damage line-item component led to the creation of a second DI list, which inadvertently omitted these three items. The Applicant explained it did not notice the error until it began answering Essential Elements of Information questions for its projects, at which point it realized that items from its earlier list were no longer included in the new DI. The Applicant also cited communication difficulties with FEMA’s Program Delivery Manager (PDMG).

On August 21, 2023, FEMA denied the DI submission request as untimely, stating that although the Applicant claimed it had previously included the three items in its original DI list, FEMA was unable to find any reference to them when reviewing the DI documents sections of Grants Manager and Grants Portal.

First Appeal

The Applicant appealed on October 10, 2023. The Applicant stated damages were identified and relayed to FEMA and were to be included in a Category G project under DI 467414, but the project was ultimately discarded, and the DI became inactive.^[3] The Applicant expanded on comments made in its initial request regarding language and communication difficulties with the PDMG, which the Applicant claimed contributed to issues with its projects. It also stated that it had provided the PDMG with a comprehensive list of damaged items and locations, including the three at issue on appeal, and reiterated that these items were in the original version of the DI but were not transferred over to the subsequent DI. The Recipient supported the appeal in its December 11, 2023 transmittal. 

FEMA issued a Request for Information (RFI) on January 17, 2024. FEMA requested screenshots of the inactive DI the Applicant referenced in its appeal. FEMA also noted that the Applicant had uploaded a DI onto GM on July 30, 2021, which did not include the three items on appeal. FEMA stated that if any earlier document predating the July 30, 2021 DI list existed that included the three DI items in question, the Applicant should provide evidence of that document and its email transmission, or any other explanation as to how it may have been provided to the PDMG. FEMA offered the opportunity for a facilitated discussion through a conference call with the Recipient and provided a 10-day deadline for response. There is no indication in the administrative record that the Applicant responded to the RFI.

The FEMA Region 6 Regional Administrator denied the appeal on April 10, 2024. FEMA found that the Applicant did not provide documentation that demonstrated the additional damage was identified and reported within the required timeframe or that extenuating circumstances beyond its control justified an extension to the deadline. Specifically, FEMA noted that no active or inactive DI, including DI 467414, referenced the three concession stands, and that the request to add the items was not sent until more 18 months after the DI deadline. Additionally, FEMA found that confusion on the Applicant’s part does not constitute an extenuating circumstance beyond its or the Recipient’s control.

Second Appeal

The Applicant filed a second appeal on June 9, 2024. The Applicant states that during its RSM, it reported that approximately 25 buildings sustained damage from Hurricane Laura, and notes that the appeal names the 24 structures (including the items at issue) that it claims were part of that original list. The Applicant next notes that a damage estimate prepared by its insurance adjuster was uploaded to Grants Manager on July 8, 2021, within the 60-day reporting deadline, and states that this document includes the three damage items at issue on appeal. In response to FEMA’s finding that the items were not noted in any active or inactive DI, the Applicant points out that the concession stands are located at the high school football and baseball fields, which were included in the DIs and discussed during the RSM. The Recipient supported the second appeal by transmittal dated June 11, 2024. 

Discussion

FEMA may provide PA funding to eligible applicants for the repair, restoration, reconstruction, or replacement of public facilities damaged or destroyed by a major disaster.^[4] The applicant is required to identify and report all of its incident-related impacts to FEMA within 60 days of the RSM.^[5] The applicant lists the information by location with a rough estimate of the associated cost.[6] The list does not include detailed descriptions of impacts, damaged components within a facility, or final estimated costs; however, each item in the list must include a unique identifier (e.g., facility name and site), the specific location of facility damage, and an approximate cost.[7] FEMA may extend the deadline for identifying and reporting damage if the Grantee submits a request in writing with justification based on extenuating circumstances beyond the Grantee’s or Applicant’s control.[8]

Here, the Applicant had until September 6, 2021, within 60 days of its July 8, 2021 RSM, to submit its DI to FEMA. The Applicant uploaded a DI within the 60-day deadline, but the record does not demonstrate that this DI referenced the concession stands included in the Applicant’s late DI submission. While the original DI included the high school football and baseball fields in which the concession stands are located, FEMA requires each item in the DI list to include the specific location of facility damage and an approximate cost.[9] Notably, the DI list includes other areas of the Facilities such as a press box, light towers, netting, and goal posts. The Applicant claims that the concession stands were included in the original DI list submitted to FEMA as well as under DI 467414, but that they were omitted inadvertently from a subsequent DI. However, the Applicant has not submitted any documentation showing that the damage to the concession stands was recorded anywhere in a DI, including DI 467414. In addition, the Applicant did not respond to an RFI asking for documentation of the earlier DI, evidence of its timely transmission to FEMA, or any other explanation as to how that DI may have been provided to FEMA. 

On second appeal, the Applicant provides a list of 24 damaged items, including the concession stands, and states that this list is consistent with an earlier statement it provided FEMA during the RSM that approximately 25 buildings sustained damage during the disaster. However, the Applicant has not demonstrated that this specific list of 24 items was provided to FEMA prior to second appeal. In addition, the Applicant points to an insurance adjuster’s document in GM that recorded damage to the concession stands. However, while the document was uploaded prior to the September 6, 2021 deadline, the Applicant has not demonstrated that it communicated to FEMA prior to second appeal that it intended to use the 334-page insurance adjuster’s document, or any of the information contained therein, to meet the 60-day reporting requirement. Therefore, the Applicant did not demonstrate that the damages were identified and reported to FEMA before the deadline. In addition, the Grantee transmitted the DI submission request to FEMA on 

April 3, 2023, more than 18 months after the DI deadline. The Applicant has not provided any justification based on extenuating circumstances beyond its control that would justify an extension of the DI deadline.

Conclusion

The Applicant has not demonstrated that it satisfied the requirement to identify and report the three incident-related items at issue within 60 days of the RSM and has not demonstrated the existence of extenuating circumstances justifying an extension of the deadline. Therefore, the appeal is denied.