Debris Removal from Side Streets

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1246-DR
ApplicantBeau Chene Homeowners Association
Appeal TypeSecond
PA ID#000-00000
PW ID#N/A
Date Signed1999-05-14T04:00:00
Citation: Appeal Analysis; Second Appeal; Beau Chene Homeowners Association; FEMA-1246-DR-LA

Cross Reference: Homeowners association; Debris removal; private non-profit

Facts: Following Hurricane Georges, the applicant submitted a Request for Disaster Assistance requesting reimbursement for debris removal from street sides. The applicant was denied eligibility because it did not meet the regulatory requirements in 44 CFR 206.221(e) which defines those private non-profit (PNP) facilities that are eligible for public assistance funding. In its first appeal, the applicant stated that it provided utility services (water and sewer) which were included in 44 CFR 206.221(e). In addition, the applicant claimed that it provided other essential services including roadside maintenance, security, and garbage/recycling. The Regional Director denied the first appeal on the basis that there was no damage to the applicant's utility services and the homeowners association is not open to the general public. In addition, debris removal is an eligible activity only if a governmental entity at a local or state level undertakes it. In the second appeal, the applicant contends that its facilities are open to their public (homeowners association members). In addition, the applicant contends that their debris removal activities meet the requirements described in 44 CFR 206.224. The applicant asserts that FEMA has made an illogical eligibility interpretation because the applicant is eligible for funding if its utility facilities are damaged, but is not eligible for debris removal activities.

Issue: Is the debris removal eligible?

Findings: No. Roads are not an eligible PNP facility and debris removal from them is not eligible for public assistance funding.

Rationale: 44 CFR 206.221(e)

Appeal Letter

May 14, 1999

Colonel Michael Brown
Deputy Governor's Authorized Representative
Louisiana Office of Emergency Preparedness
PO 44217
Baton Rouge, Louisiana 70804

Re: Second Appeal - Beau Chene Homeowners Association, Inc., Eligibility Determination, FEMA-1246-DR-LA

Dear Colonel Brown:

This is in response to your January 20, 1999, letter forwarding the referenced appeal. The Beau Chene Homeowners Association (applicant) is appealing the Federal Emergency Management Agency's (FEMA's) determination denying the applicant eligibility for disaster assistance. Following Hurricane Georges, the applicant submitted a Request for Public Assistance requesting reimbursement for debris removal from street sides. The applicant was denied eligibility because it did not meet the regulatory requirements for consideration as an eligible private non-profit (PNP) organization. Specifically, FEMA determined that the applicant did not provide any of the services described in 44 CFR 206.221(e).

On November 5, 1998, the applicant submitted its first appeal to the Regional Director stating that it provided utility services (water and sewer) which were included in 44 CFR 206.221(e). In addition, the applicant claimed that it provided other essential services including roadside maintenance, security, and garbage/recycling and, therefore, should be eligible for disaster assistance funding. On December 4, 1998, the Regional Director denied the first appeal on the basis that there was no damage to the applicant's utility services and the homeowners association is not open to the general public. The Regional Director further explained that FEMA would only fund those measures that are necessary to restore the eligible services provided by a PNP organization. In addition, debris removal is an eligible activity only if a governmental entity at a local or state level undertakes it. As the applicant's eligible services (water and sewer) were not affected by the disaster and because the applicant was not a state or local governmental entity, the Regional Director denied the first appeal.

On January 20, 1999, you submitted the applicant's second appeal. In the appeal, the applicant contends that its facilities are open to their public (homeowners association members). To support this, the applicant points out that their public of approximately 5,000 residents is larger than many political subdivisions or other private non-profit entities. In addition, the applicant contends that their debris removal activities meet the requirements described in 44 CFR 206.224 and therefore, they are eligible for public assistance funding. The applicant asserts that FEMA has made an illogical eligibility interpretation because the applicant is eligible for funding if its utility facilities are damaged, but is not eligible for debris removal activities.

Public assistance funding is intended to restore those services provided by PNP organizations which operate facilities as defined in 44 CFR 206.221(e) including educational, utility, emergency, medical, custodial care facilities, and certain other facilities providing essential governmental services to the general public. Public assistance is not intended to restore those services that are not directly related to the facilities defined in 44 CFR 206.221(e). Privately owned roads are not included among these facilities. Therefore, debris removal from these roads is not eligible for disaster assistance funding. Furthermore, to be eligible for public assistance funding, a PNP organization must be open to the general public. As noted by the Regional Director, the homeowners association has member dues and access to the residential area is not permitted to citizens of the community who are not association members. Clearly, the association is not open to the general public and, therefore, is not eligible for public assistance funding.

Therefore, the appeal is denied. Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998, which amends 44 CFR 206.206.

Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

cc: R.L. "Buddy" Young
Regional Director
FEMA Region VI
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