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.