public assistance grant program

New Mexico Department of Homeland Security and Emergency Management

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Public Assistance Grant Public Assistance Grant ProgramProgram

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Public AssistancePublic Assistance

DEFINITION:DEFINITION:

Supplemental financial assistance to State and Supplemental financial assistance to State and local governments and certain private non-local governments and certain private non-

profit organizations for response and profit organizations for response and recovery activities required as a result of a recovery activities required as a result of a

declared disaster.declared disaster.

Funding is cost shared at a federal share of no less Funding is cost shared at a federal share of no less than 75% of eligible costs.than 75% of eligible costs.

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The PA Program is a The PA Program is a PartnershipPartnership

FEMAFEMA – Manages the program, provides – Manages the program, provides technical assistance, approves grantstechnical assistance, approves grants

State of New MexicoState of New Mexico– Identifies – Identifies applicants, works with FEMA to manage the applicants, works with FEMA to manage the program, implements and monitors grants program, implements and monitors grants awardedawarded

LocalLocal – Identifies damage, provides – Identifies damage, provides documentation, manages funded projectsdocumentation, manages funded projects

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FEMA PA Program StaffFEMA PA Program Staff

Public Assistance Group SupervisorPublic Assistance Group Supervisor – – responsible for the entire PA Programresponsible for the entire PA Program

Public Assistance Coordinator Crew Public Assistance Coordinator Crew Leader Leader –works with applicant to ensure –works with applicant to ensure projects are developed and processed projects are developed and processed efficientlyefficiently

PA Project Specialist PA Project Specialist – assists the applicant – assists the applicant with the writing of project worksheetswith the writing of project worksheets

PA Technical SpecialistPA Technical Specialist – has a defined – has a defined area of expertisearea of expertise

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Factors of EligibilityFactors of Eligibility

Applicant

Facility

Work

Cost

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Applicant TerminologyApplicant Terminology

GranteeGrantee – a State or Tribal – a State or Tribal Government that is responsible for Government that is responsible for administering PA grantsadministering PA grants

Sub-granteeSub-grantee – an eligible applicant – an eligible applicant that receives PA fundingthat receives PA funding

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Eligible ApplicantsEligible Applicants

State AgenciesState Agencies CountiesCounties Cities / Towns / VillagesCities / Towns / Villages Other State Political Subdivisions -- Other State Political Subdivisions --

AcequiasAcequias Native American Tribes or Tribal Native American Tribes or Tribal

OrganizationsOrganizations Certain Private Non-Profit OrganizationsCertain Private Non-Profit Organizations

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Private Non-Profit Private Non-Profit Entities (PNP)Entities (PNP)

Must submit a tax exempt certificate Must submit a tax exempt certificate and organization charter or bylawsand organization charter or bylaws

Must be open to the general publicMust be open to the general public

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Private Non-Profit EntitiesPrivate Non-Profit EntitiesProviding Providing Critical ServicesCritical Services

Eligible for both Eligible for both Emergency WorkEmergency Work and and Permanent WorkPermanent Work::

Fire/Emergency RescueFire/Emergency Rescue Medical TreatmentMedical Treatment Power, Water, & Sewer UtilitiesPower, Water, & Sewer Utilities Communications SystemsCommunications Systems Educational FacilitiesEducational Facilities

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Private Non-Profit EntitiesPrivate Non-Profit EntitiesProviding Providing Essential ServicesEssential Services

Eligible for Eligible for Emergency Emergency Work only*Work only* when when open to the general open to the general publicpublic

* Must apply to the SBA * Must apply to the SBA before being eligible before being eligible for for Permanent WorkPermanent Work under PAunder PA

MuseumsMuseums LibrariesLibraries ZoosZoos Community CentersCommunity Centers Homeless SheltersHomeless Shelters Rehabilitation Rehabilitation

FacilitiesFacilities Senior Citizen/Day-Senior Citizen/Day-

care Centerscare Centers

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Facility Eligibility Facility Eligibility RequirementsRequirements

•Must be damaged as a result of a declared event

•Located within an area declared by the President

•The legal responsibility of an eligible applicant at the time of the disaster

•In active use at the time of the disaster

•Not under the authority of another federal agency

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Eligible WorkEligible Work

Must:Must: Be disaster relatedBe disaster related Be located in the designated disaster Be located in the designated disaster

areaarea Be the applicant’s responsibility, at Be the applicant’s responsibility, at

the time of the declarationthe time of the declaration Not be under the authority of another Not be under the authority of another

federal agencyfederal agency1313


Types of WorkTypes of Work

Emergency WorkEmergency WorkA. Debris RemovalA. Debris RemovalB. Emergency Protective MeasuresB. Emergency Protective Measures

Permanent WorkPermanent WorkC. Roads and BridgesC. Roads and Bridges

D. Water Control FacilitiesD. Water Control FacilitiesE. Public Buildings / EquipmentE. Public Buildings / EquipmentF. Public UtilitiesF. Public UtilitiesG. Other (Parks, Recreation, etc.)G. Other (Parks, Recreation, etc.)

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Category A – Debris RemovalCategory A – Debris Removal Clearance, removal, and/or Clearance, removal, and/or

disposal of items such as disposal of items such as trees, building trees, building components, etc.components, etc.

Must eliminate immediate Must eliminate immediate threat to lives, health and threat to lives, health and safety, and improved safety, and improved public and private propertypublic and private property

Must insure the economic Must insure the economic recovery of the communityrecovery of the community

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Private Property Debris RemovalPrivate Property Debris Removal

Generally, the Generally, the responsibility of the responsibility of the property ownerproperty owner

However, if debris is so However, if debris is so widespread that it widespread that it threatens the public threatens the public health, safety, or health, safety, or economic recovery of the economic recovery of the community, removal community, removal from private property from private property maymay be eligible be eligible

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Category B – Emergency Category B – Emergency Protective MeasuresProtective Measures

Actions taken by applicants before, Actions taken by applicants before, during, and after a disaster to save lives, during, and after a disaster to save lives, protect public health and safety, and protect public health and safety, and prevent damage to improved property. prevent damage to improved property. Includes, but not limited to:Includes, but not limited to: Search and rescueSearch and rescue Warning devices (such as barricades)Warning devices (such as barricades) EOC activationEOC activation ShelteringSheltering

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Permanent WorkPermanent Work

Must repair, restore or replace disaster-Must repair, restore or replace disaster-damaged facilities in accordance with damaged facilities in accordance with applicable codes and standardsapplicable codes and standards

Must restore facilities to pre-disaster Must restore facilities to pre-disaster design, capacity and functiondesign, capacity and function

Must be required as a result of a declared Must be required as a result of a declared disasterdisaster

May include cost effective hazard May include cost effective hazard mitigation measures.mitigation measures.

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Category C- Road Category C- Road SystemsSystems

ROADSROADS

-Road Surface-Road Surface

-Bases-Bases

-Shoulders-Shoulders

-Ditches-Ditches

BRIDGESBRIDGES

-Decking-Decking

-Abutments-Abutments

-Wing Walls-Wing Walls

-Approaches-Approaches

DRAINAGE STRUCTURESDRAINAGE STRUCTURES

-Culverts-Culverts

-Cross Drains-Cross Drains

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Category D- Water Control Category D- Water Control FacilitiesFacilities

Facilities built for the following Facilities built for the following purposes:purposes:

PumpingPumping DrainageDrainage IrrigationIrrigation

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Category E- Category E- Buildings/EquipmentBuildings/Equipment

BUILDINGSBUILDINGS

- 50% Rule- 50% Rule

- Codes/Standards- Codes/Standards

- Equipment- Equipment

- Vehicles- Vehicles

- Supplies- Supplies

DEDUCT INSURANCE SETTLEMENT DEDUCT INSURANCE SETTLEMENT AND SALVAGE VALUEAND SALVAGE VALUE

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Category F- UtilitiesCategory F- Utilities

Repair or replace to pre-disaster design or Repair or replace to pre-disaster design or function:function:

Power generation and distribution centersPower generation and distribution centers Water and sewer treatment plantsWater and sewer treatment plants Telecommunication systemsTelecommunication systems Other public utilitiesOther public utilities

Damage must be disaster-related.Damage must be disaster-related.

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Category G- Category G- Parks/Recreational/OtherParks/Recreational/Other

PlaygroundsPlaygrounds Swimming poolsSwimming pools BallparksBallparks Grass seed or sod Grass seed or sod

for erosion protection onlyfor erosion protection only

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Eligible CostsEligible Costs

Costs must:

• Be reasonable and necessary to accomplish eligible work

• Comply with federal, state, and local laws and regulations

• Include deductions of insurance proceeds, salvage value, and purchase discounts

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Eligible Direct CostsEligible Direct Costs

Salaries, wages and fringe benefits Salaries, wages and fringe benefits

For emergency work (Cat A & B), only overtime For emergency work (Cat A & B), only overtime (including fringe benefits) is eligible(including fringe benefits) is eligible

MaterialsMaterials

Applicant owned equipmentApplicant owned equipment

FEMA provides equipment ratesFEMA provides equipment rates

Contract costs Contract costs

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Types of ProjectsTypes of Projects

Small ProjectsSmall Projects Large ProjectsLarge Projects Alternate ProjectsAlternate Projects Improved ProjectsImproved Projects

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Small ProjectsSmall Projects

Cost less than $63,200 (FY 2010)Cost less than $63,200 (FY 2010) Funding based on work completed (if Funding based on work completed (if

available) or initial cost estimateavailable) or initial cost estimate Federal cost share paid upon project Federal cost share paid upon project

approvalapproval When the cost of work is less than When the cost of work is less than

$1,000, not eligible$1,000, not eligible

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Large ProjectsLarge Projects

Cost at or above $63,200 (FY 2010)Cost at or above $63,200 (FY 2010) Initially approved based on estimated costsInitially approved based on estimated costs Funding based on documented actual costsFunding based on documented actual costs Federal cost share paid as work is Federal cost share paid as work is

accomplishedaccomplished

Note:Note: Any costs above what is approved on Any costs above what is approved on the PW must be authorized by the State.the PW must be authorized by the State.

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All large project All large project costs are subject to costs are subject to a final State/FEMA a final State/FEMA

reviewreview..

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Alternate ProjectsAlternate Projects

Approval by FEMA must be Approval by FEMA must be obtainedobtained prior to construction prior to construction

A request for the Alternate A request for the Alternate Project must be madeProject must be made within 12 within 12 monthsmonths of the Kick-off Meetingof the Kick-off Meeting

SCHOO

L

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Alternate Projects (cont.)Alternate Projects (cont.)

For State Agencies and Local For State Agencies and Local GovernmentsGovernments Federal funding will be 90% of the federal Federal funding will be 90% of the federal

share of the original project estimate share of the original project estimate oror the the actual Alternate Project cost (whichever is actual Alternate Project cost (whichever is less) less)

For PNPsFor PNPs The reduction is 75% rather than 90%The reduction is 75% rather than 90%

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Improved ProjectsImproved Projects Improvements Improvements must be approved by the Statemust be approved by the State

prior to constructionprior to construction

Improvements may require an environmental and Improvements may require an environmental and historical assessment by FEMAhistorical assessment by FEMA

Sub-grantee responsible for the cost of the Sub-grantee responsible for the cost of the improvements above the original projectimprovements above the original project

SCHOOL

SCHOOL

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Project Completion Project Completion DeadlinesDeadlines

Time limits for all projects begin the Time limits for all projects begin the date of the disaster declarationdate of the disaster declaration

Emergency work – 6 monthsEmergency work – 6 months

Permanent work – 18 monthsPermanent work – 18 months

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Project Completion Project Completion ExtensionsExtensions

Emergency work---------Up to 6 monthsEmergency work---------Up to 6 months Permanent work---------Up to 30 monthsPermanent work---------Up to 30 months

The FEMA Regional Administrator may increase these The FEMA Regional Administrator may increase these time extensions on a case-by-case basis.time extensions on a case-by-case basis.

NOTE:NOTE: If the deadline for any project is reached, If the deadline for any project is reached, no work past that date will be funded!no work past that date will be funded!

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Special ConsiderationsSpecial Considerations

Issues other than program Issues other than program eligibility that could affect the eligibility that could affect the scope of work and funding of scope of work and funding of

a project.a project.

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SpecialSpecial ConsiderationsConsiderations

Insurance Requirements

Environmental Requirements

Historic Preservation & Cultural Resources

Hazard Mitigation

Special Flood Hazard Areas

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Hazard MitigationHazard Mitigation

Cost effective measures that reduce or Cost effective measures that reduce or eliminate the potential for damages eliminate the potential for damages to a facility from a future eventto a facility from a future event

For a hazard mitigation proposal to be For a hazard mitigation proposal to be eligible under PA, the measure must eligible under PA, the measure must apply only to the damaged elements apply only to the damaged elements of the eligible facilityof the eligible facility

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Disaster damage

Larger culvert withconcrete wing-walls

New upstream retention pond

Pre-disaster

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Environmental ProtectionEnvironmental Protection

Ensures that all practical means are used Ensures that all practical means are used to protect, restore, and enhance the to protect, restore, and enhance the environmentenvironment

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Historic Preservation and CulturalHistoric Preservation and Cultural ResourcesResources

Property eligible for listing on the Property eligible for listing on the National Register of Historic Places National Register of Historic Places requires special consideration under requires special consideration under the National Historic Preservation Actthe National Historic Preservation Act

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Floodplain ManagementFloodplain Management

Any project within or affecting the Any project within or affecting the floodplain must be reviewed to floodplain must be reviewed to ensure that it meets the ensure that it meets the requirements of the Executive Orders requirements of the Executive Orders on Floodplain Management and the on Floodplain Management and the Protection of Wetlands.Protection of Wetlands.

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InsuranceInsurance

1. Actual or anticipated insurance proceeds will be deducted from the eligible project costs for facilities that are insured.

2. All applicants are required to obtain and maintain insurance coverage on all insurable facilities, as a condition of Public Assistance funding.

3. For flood damaged facilities located within a Special Flood Hazard Area that are not covered by flood insurance, FEDERAL ASSISTANCE WILL BE REDUCED BY THE MAXIMUM FLOOD INSURANCE PROCEEDS THAT WOULD HAVE BEEN PAYABLE HAD THE FACILITY BEEN INSURED.

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Obtaining A Public Obtaining A Public

Assistance Program GrantAssistance Program Grant

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Steps to Getting AssistanceSteps to Getting Assistance

•Applicant must submit a Request for Public Assistance (RPA) within 30 days of the designation of a declared disaster area

•Applicant must attend a kick-off meeting with their assigned PAC Crew Leader and submit project worksheets within 60 days of the kick-off meeting.

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Request for Public Assistance Request for Public Assistance (RPA)(RPA)

Applicant’s official notification to Applicant’s official notification to FEMA of intent to apply for PAFEMA of intent to apply for PA

Identifies the Applicant (including Identifies the Applicant (including name and address) and the Primary name and address) and the Primary and Secondary contacts for the and Secondary contacts for the ApplicantApplicant

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Kick-off MeetingKick-off Meeting

Scheduled within one week of FEMA’s Scheduled within one week of FEMA’s receipt of an applicant’s RPAreceipt of an applicant’s RPA

Provides an opportunity for the Public Provides an opportunity for the Public Assistance Coordinator Crew Leader (PAC) Assistance Coordinator Crew Leader (PAC) and the State Liaison to meet with the and the State Liaison to meet with the applicant to determine disaster-related applicant to determine disaster-related damage, eligibility, and documentation damage, eligibility, and documentation requirementsrequirements

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Project Worksheet (PW)Project Worksheet (PW)

Form used to document the scope of work and cost Form used to document the scope of work and cost estimate for a project. Any damage not estimate for a project. Any damage not documented in the PW will not be considered documented in the PW will not be considered eligible.eligible.

Supplies FEMA with the information necessary to Supplies FEMA with the information necessary to approve the scope of work and fund the project. approve the scope of work and fund the project. Applicants are responsible to insure PW includes all Applicants are responsible to insure PW includes all information.information.

The Project Worksheet is a legally binding document.The Project Worksheet is a legally binding document.

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Life of a Project WorksheetLife of a Project Worksheet

1.1. Applicant provides list of damages to the PAC at Applicant provides list of damages to the PAC at the Kick-off meetingthe Kick-off meeting

2.2. Eligibility of damage is determinedEligibility of damage is determined3.3. Special considerations are discussedSpecial considerations are discussed4.4. Appropriate documentation is provided by the Appropriate documentation is provided by the

Applicant and reviewedApplicant and reviewed5.5. The PW is written by the Project Officer and The PW is written by the Project Officer and

submitted within 60 days of the Kick-off Meetingsubmitted within 60 days of the Kick-off Meeting6.6. The PW is reviewed by the State and FEMA for The PW is reviewed by the State and FEMA for

approvalapproval

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Life of a Project Worksheet Life of a Project Worksheet (cont.)(cont.)

7.7. Funds are “obligated” by FEMA to the Funds are “obligated” by FEMA to the State based on the approved PWState based on the approved PW

8.8. Funds are drawn by the State (Grantee) Funds are drawn by the State (Grantee) and paid to the Applicant (Sub-grantee) and paid to the Applicant (Sub-grantee) based on approved actual or estimated based on approved actual or estimated costs (for small projects) or on costs (for small projects) or on documented actual costs (for large documented actual costs (for large projects)projects)

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Life of a Project Worksheet Life of a Project Worksheet (cont.)(cont.)

10.10. When the project is complete, a final When the project is complete, a final inspection and review of a large inspection and review of a large project costs (desk audit) is project costs (desk audit) is conductedconducted

11.11. The balance of the State cost share The balance of the State cost share is paid to the Applicantis paid to the Applicant

12.12. The project is closedThe project is closed13.13. Documentation is maintained by Documentation is maintained by

Applicant for 6 years minimumApplicant for 6 years minimum5050


Direct Administrative CostsDirect Administrative Costs

A separate line item in a Project WorksheetA separate line item in a Project Worksheet Includes labor, benefits, equipment, Includes labor, benefits, equipment,

materials, contracts, etc., for administering materials, contracts, etc., for administering that particular project onlythat particular project only

Costs must be separated from other projectsCosts must be separated from other projects Direct Admin Costs will be audited along with Direct Admin Costs will be audited along with

the other project costs at the time of the desk the other project costs at the time of the desk auditaudit

There are no other Admin costs for applicantsThere are no other Admin costs for applicants

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Record KeepingRecord Keeping

Applicants are required to maintain Applicants are required to maintain complete and accurate complete and accurate documentation, documentation, byby projectproject, for all , for all disaster-related costs.disaster-related costs.

Documentation must be maintained a Documentation must be maintained a minimum of six yearsminimum of six years after project after project close-out.close-out.

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AppealsAppeals

Any determination related to Federal assistance may Any determination related to Federal assistance may be appealedbe appealed..

The appeal must be submitted in writing to the State (Grantee) within The appeal must be submitted in writing to the State (Grantee) within 60 days60 days of receipt of notice of the action being appealed. of receipt of notice of the action being appealed.

State has State has 60 days60 days from receipt of appeal letter to forward it to FEMA from receipt of appeal letter to forward it to FEMA FEMA has FEMA has 90 days90 days to render a decision. to render a decision.

These are maximum time limits. Hopefully appeals will be processed These are maximum time limits. Hopefully appeals will be processed faster that that.faster that that.

Two levels of appeal are available: 1) to the Two levels of appeal are available: 1) to the Regional DirectorRegional Director and 2) and 2) to the to the Executive Associate DirectorExecutive Associate Director..

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Public Assistance Public Assistance SummarySummary

The Public Assistance Program assists in the The Public Assistance Program assists in the

restoration of community infrastructure.restoration of community infrastructure.

It is a supplemental cost reimbursement program It is a supplemental cost reimbursement program

with specific eligibility requirements.with specific eligibility requirements.

The FEMA share of eligible costs will be awarded The FEMA share of eligible costs will be awarded

to the State for disbursement to the applicantto the State for disbursement to the applicant..

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NEED INFORMATION?NEED INFORMATION? Bill Ewing, Recovery Unit ManagerBill Ewing, Recovery Unit Manager

[email protected]@state.nm.us

505-476-9615505-476-9615 Brian Williams, Recovery OfficerBrian Williams, Recovery Officer


505-476-9601505-476-9601 Yvonne Crawford, Recovery SpecialistYvonne Crawford, Recovery Specialist


505-476-9630505-476-96305555


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public assistance grant program

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