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Second Appeal Summary
PA ID# 000-90710; American Red Cross
DSR ID# 47460; American Red Cross
Citation: Appeal Brief; Second Appeal; American Red Cross; FEMA-1062-DR-FL; PA# 000-90710.
Reference: DSR 47460; Non Eligible Facility
Summary: Following Hurricanes Erin and Opal in 1995, FEMA prepared DSR 47460 to cover damage to an American Red Cross facility. Upon review, FEMA determined the applicant ineligible because the damaged facility was not an eligible facility, and reduced the DSR to $0. On December 17, 1996, the State submitted the subgrantee's first appeal to reinstate the funding associated with DSR 47460. The basis of the appeal was that the facility was maintained by an eligible PNP, provided essential services of a governmental nature during the disasters, and is eligible for reimbursement. On February 7, 1997, pursuant to 44 CFR 206.221 (e), the Regional Director denied the appeal because essential services of a governmental nature were not the primary services provided in the damaged facility, and no justification was provided that the applicant was otherwise eligible. The State submitted the second appeal on July 1, 1997. The subgrantee contends that the ARC facility is eligible because it provides health and safety services of a governmental nature, pursuant to 44 CFR 206.221 (e)(6).
Issues: Does the American Red Cross facility qualify as an eligible facility?
Findings: No, the primary services performed by the American Red Cross at this location are not essential health and safety services of a governmental nature.
Rationale: The facility does not meet the eligibility criteria set forth in 44 CFR 206.221 (e)(6). To be eligible, the facility must provide essential health and safety services of a governmental nature to the general public.