97.039 HAZARD MITIGATION GRANT PROGRAM APRIL 2016 State Project/Program: N.C. MITIGATION Federal Emergency Management Agency Federal Authorization: Robert T. Stafford Disaster Relief and Emergency Assistance Act, Section 404, 42 U.S. C. 1521 et seq., and subpart N of the CFR. N.C. Department of Public Safety Division of Emergency Management Agency Contact Person Program Nicholas M. Burk Section Manager for HM Grants Recovery Section Division of Emergency Management (919) 825-2301 Agency Contact Person Financial Address Confirmation Letters To: Jamelle White NC Department of Public Safety Controller s Office 4220 Mail Service Center Raleigh, NC 27699-4220 919.716.3613 Jamelle.White@ncdps.gov Nicholas M. Burk Section Manager for HM Grants Recovery Section Division of Emergency Management (919) 825-2301 The auditor should not consider the Supplement to be safe harbor for identifying audit procedures to apply in a particular engagement, but the auditor should be prepared to justify departures from the suggested procedures. The auditor can consider the supplement a safe harbor for identification of compliance requirements to be tested if the auditor performs reasonable procedures to ensure that the requirements in the Supplement are current. The grantor agency may elect to review audit working papers to determine that audit tests are adequate. Auditors may request documentation of monitoring visits by the State Agencies. I. PROGRAM OBJECTIVES The purpose of the Hazard Mitigation Grant Program (HMGP) is to provide states and local governments financial assistance to implement measures that will permanently reduce or eliminate future damages and losses from natural hazards through safer building practices and improving existing structures and supporting infrastructure. HMGP is directly tied to disaster-based funding. II. PROGRAM PROCEDURES The HMGP is a state-administered federal program to which local governments submit project applications to FEMA on behalf of the affected citizens in their communities. In North Carolina, the Division of Emergency Management, within the Department of Public Safety administers HMGP. B-4 97.039 1
The State solicits reviews, prioritizes and selects applications from the communities for funding and forwards the applications to FEMA for review. FEMA reviews each project application to ensure that projects meet environmental regulations and minimum eligibility requirements. The amount of funding available for these projects is 20% of the Federal cost share provided during a Disaster Declaration, due to the fact that North Carolina is an Enhanced Mitigation State. Projects are funded on a 75% Federal and 25% State cost share ratio. FEMA approves State grants applications and grants the award through a FEMA Award Letter. The FEMA Guidance document for the HMGP is the Unified Hazard Mitigation Assistance (UHMA) Guidance. III. COMPLIANCE REQUIREMENTS A. Activities Allowed or Unallowed Only relevant and necessary measures taken to eliminate future losses from natural hazards are allowed. The test of eligibility of a given activity will be whether it contributes to a State or Community s capability to reduce losses to disasters. There are many types of HMGP grants, including (1) Planning Grants, (2) Project Grants and (3) Technical Assistance. Planning Grants may be used for the development of an all-hazards mitigation plan that meets the Division s established minimum criteria for local hazard mitigation plans. Project Grants may be used for construction-oriented projects to promote long-term actions that protect people and property. HMGP requirements change on a frequent basis as described in the FEMA Unified Hazard Mitigation Guidance (UHMA). In order to qualify for a Project Grant, an applicant must have an adopted mitigation plan that addresses repetitive loss properties and has been approved by the Division and FEMA for purposes of the HMGP Program. In addition, the project must: Meet UHMA requirements Be cost-effective; Be technically feasible; Conform with the adopted Local Mitigation Plan; Conform with applicable Federal and State regulations; and Be physically located in an eligible community. Review UHMA and Notice of Funds Availability requirements and cross-check against awarded projects. Test expenditures and related records for adherence to approved budget activity. B-4 97.039 2
B. Allowable Costs/Cost Principles Only relevant and necessary costs as authorized by the UHMA Guidance and costs in 2 CFR for local governments are allowed. Review UHMA and Notice of Funds Availability requirements and cross-check against awarded projects. Test expenditures and related records for adherence to approved budget activity. C. Cash Management Funds are submitted to all sub-grantees on a reimbursement basis. The only exception to this is when an acquisition project is being closed on (real estate transaction) and the local government does not have sufficient funds on hand. In this case, a request is made for the exact amount of the closing amount. Review Cost Reports to ensure that all payment requests are made on a reimbursement basis, except in circumstances when an advance has been made for a real estate closing in an acquisition and demolition project. D. Reserve No Longer Applicable E. Eligibility Eligibility for the HMGP program is determined by the current edition of the FEMA Unified Hazard Mitigation Assistance Program. Eligibility for program requirements can change on an annual basis, depending on FEMA policy changes with the HMGP program. Each HMGP program award in a given funding cycle must meet the relevant UHMA requirements. Review UHMA requirements and cross-check against awarded projects. Test expenditures and related records for adherence to approved budget activity. B-4 97.039 3
F. Equipment and Real Property Management Federally-tracked equipment is not purchased under the HMGP for either the passthrough entity nor sub-recipient. Real property is not directly managed by the passthrough entity, although local governments can acquire parcels of land under the HMGP program, which are maintained as open space in perpetuity. Ensure that acquisition projects conform to FEMA open space requirements per the UHMA Guidance by ensuring that monitoring is taking place during project implementation and closeout. G. Matching, Level of Effort, Earmarking Based on UHMA and Notice of Funds Availability requirements, matching for HMGP projects are set with a 75% federal match. There are no HMGP earmark projects at the present time. HMGP funding is based on the number of awarded projects per the allocated FEMA lock-in following a Presidentially-declared federal disaster. 1. Review UHMA Guidance, Notice of Funds Availability, and FEMA Award Letters for matching totals for each project. 2. Verify the source of the non-federal match through Matching Funds letters. H. Period of Performance HMGP projects have traditionally been awarded a 36 month period of performance from the date of the FEMA Award Letter, however, this can change significantly based on changes in the UHMA Guidance and Notice of Funds Availability. The FEMA Award Letter will affirm the assigned Period of Performance for each sub-award. A Grant Agreement between NCEM and the sub-recipient establishes the State Period of Performance either mirroring the Federal PoP, or requiring a shorter timeframe based on programmatic decisions to complete ahead of schedule. Verify Federal Period of Performance in FEMA Award Letters Verify State Period of Performance in Grant Agreements either mirrors or is less than the Federal PoP. B-4 97.039 4
I. Procurement and Suspension and Debarment The HMGP Program follows 2 CFR standards regarding Procurement, Suspension and Debarment. Confirm that sub-recipients have been provided information on CFR 2 Procurement, Suspension, and Debarment standards. Confirm that sub-recipient contracting is being monitored by the pass-through entity throughout the Grants Management life cycle. J. Program Income Program income is not allowed under the FEMA UHMA Guidance for HMGP. In case program income is incurred, it must be reimbursed to FEMA in accordance with UHMA Guidance procedures. Confirm through reporting procedures and monitoring of reimbursement requests that Program Income has not occurred, or if it has, it is being handled according to the UHMA Guidance. K. Reserve No Longer Applicable L. Reporting Each quarter, the State completes and submits to FEMA a Financial Status Report that reveals financial expenditures for all approved projects. Also, the State will submit to FEMA a programmatic quarterly performance report on the implementation progress of all awarded HMGP projects. Confirm that Quarterly Reports are being submitted to FEMA each quarter by DPS-Fiscal (financial) and NCEM (programmatic). B-4 97.039 5
M. Subrecipient Monitoring Sub-recipients are monitored for HMGP projects upon award and following execution of a Grant Agreement (project start-up/ implementation meeting ), and during project closeout, when a final site inspection report is required. Field-based monitoring between these milestones takes place on an as-needed basis. Desk monitoring occurs via regular customer service interactions (Grant Contact Log), as well as by obtaining Monthly Progress Reports (Progress Reports) from sub-recipients. Confirm that Implementation meetings are being conducted during project startup. Confirm that closeout site inspections take place. Confirm desk monitoring via customer service interactions (Contact Log) and monthly Progress Reports. N. Special Tests and Provisions N/A B-4 97.039 6