Eligibility as a Community Center
Appeal Brief
Appeal Letter
Citation: FEMA-1239-DR-TX; PA ID 465-06297.
Cross Reference: Tropical Storm Charley; Community Centers
Summary: The August 1998 Tropical Storm Charley inflicted damages to El Casa de la Cultura, a community center facility belonging to El Comit? Cultural del Pueblo, Inc., a Private Nonprofit Corporation registered in Del Rio, Texas. Casa de la Cultura submitted a Request for Public Assistance, which was denied by the Disaster Recovery Manager because the facility did not provide documentation to show that it met the requirements of any of the eligible facilities in 44 CFR 206.221(e). The Regional Director denied the applicant's first appeal for eligibility as an educational facility because the facility did not meet the requirements of an educational facility. The applicant has submitted a second appeal in which it is claiming eligibility as a community center. The documentation accompanying the appeal included a brochure showing sixteen activities that are regularly conducted at the facility. A request made to the State to determine who conducted the activities resulted in the indication that the applicant budgeted and conducted fifteen of the sixteen activities.
Issue: Is Casa de la Cultura eligible for receiving disaster assistance?
Findings: Based on the State's assurance that the community center-type activities conducted in the facility were budgeted and conducted by the applicant, it was determined that the facility is a community center eligible to apply for and receive disaster assistance to repair damages to the facility.
Rationale: 44 CFR 206.221(e) and FEMA's policy.
Appeal Brief
| Disaster | FEMA-1239-DR |
| Applicant | Casa de la Cultura |
| Appeal Type | Second |
| PA ID# | 465-06297 |
| PW ID# | N/A |
| Date Signed | 1999-10-05T04:00:00 |
Cross Reference: Tropical Storm Charley; Community Centers
Summary: The August 1998 Tropical Storm Charley inflicted damages to El Casa de la Cultura, a community center facility belonging to El Comit? Cultural del Pueblo, Inc., a Private Nonprofit Corporation registered in Del Rio, Texas. Casa de la Cultura submitted a Request for Public Assistance, which was denied by the Disaster Recovery Manager because the facility did not provide documentation to show that it met the requirements of any of the eligible facilities in 44 CFR 206.221(e). The Regional Director denied the applicant's first appeal for eligibility as an educational facility because the facility did not meet the requirements of an educational facility. The applicant has submitted a second appeal in which it is claiming eligibility as a community center. The documentation accompanying the appeal included a brochure showing sixteen activities that are regularly conducted at the facility. A request made to the State to determine who conducted the activities resulted in the indication that the applicant budgeted and conducted fifteen of the sixteen activities.
Issue: Is Casa de la Cultura eligible for receiving disaster assistance?
Findings: Based on the State's assurance that the community center-type activities conducted in the facility were budgeted and conducted by the applicant, it was determined that the facility is a community center eligible to apply for and receive disaster assistance to repair damages to the facility.
Rationale: 44 CFR 206.221(e) and FEMA's policy.
Appeal Letter
October 5, 1999
Mr. Ed Laundy
State Coordination Officer
Texas Division of Emergency Management
P.O. Box 4087
Austin, Texas 78773
Re: Second Appeal - Casa de la Cultura FEMA-1239-DR-TX,
Private Nonprofit Eligibility
Dear Mr. Laundy:
This is in response to your May 1, 1999, letter forwarding the referenced April 30, 1999, second appeal submitted by the Texas Rural Legal Aid, Inc., on behalf of the Casa de la Cultura. The Casa de la Cultura is claiming eligibility as a community center facility of El Comit? Cultural del Pueblo, Inc., a Private Nonprofit (PNP) Corporation and is appealing the Regional Director's denial of its application for disaster assistance. The applicant is requesting assistance to repair damages its facility sustained from the August 1998 floods caused by Tropical Storm Charley.
The Federal Emergency Management Agency's (FEMA's) definition of a community center is "a facility open to the general public, established and primarily used as a gathering place for a variety of social, educational enrichment, and community service activities." The applicant submitted documentation including a brochure showing that a number of community center-type activities were conducted at the facility without specifying who conducted them. However, the State recently was asked and indicated that the applicant actively budgeted and operated all the activities but one shown on that brochure. Based on this assurance, therefore, I find that the applicant meets the requirements for eligibility to receive disaster assistance as a community center.
Please inform the applicant of my determination. By copy of this letter, I am requesting the Regional Director to process the disaster application in accordance with my determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Raymond L. Young
Regional Director
FEMA Region VI
Mr. Ed Laundy
State Coordination Officer
Texas Division of Emergency Management
P.O. Box 4087
Austin, Texas 78773
Re: Second Appeal - Casa de la Cultura FEMA-1239-DR-TX,
Private Nonprofit Eligibility
Dear Mr. Laundy:
This is in response to your May 1, 1999, letter forwarding the referenced April 30, 1999, second appeal submitted by the Texas Rural Legal Aid, Inc., on behalf of the Casa de la Cultura. The Casa de la Cultura is claiming eligibility as a community center facility of El Comit? Cultural del Pueblo, Inc., a Private Nonprofit (PNP) Corporation and is appealing the Regional Director's denial of its application for disaster assistance. The applicant is requesting assistance to repair damages its facility sustained from the August 1998 floods caused by Tropical Storm Charley.
The Federal Emergency Management Agency's (FEMA's) definition of a community center is "a facility open to the general public, established and primarily used as a gathering place for a variety of social, educational enrichment, and community service activities." The applicant submitted documentation including a brochure showing that a number of community center-type activities were conducted at the facility without specifying who conducted them. However, the State recently was asked and indicated that the applicant actively budgeted and operated all the activities but one shown on that brochure. Based on this assurance, therefore, I find that the applicant meets the requirements for eligibility to receive disaster assistance as a community center.
Please inform the applicant of my determination. By copy of this letter, I am requesting the Regional Director to process the disaster application in accordance with my determination.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Raymond L. Young
Regional Director
FEMA Region VI
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