Eligibility Determination

Appeal Brief Appeal Letter

Appeal Brief

Disaster1379-DR-TX
ApplicantSociety for the Performing Arts
Appeal TypeSecond
PA ID#201-UEUBR-00
PW ID#N/A
Date Signed2002-07-17T04:00:00

Citation:

FEMA-1379-DR-TX, Society for the Performing Arts

Cross-reference:

Performing Arts, Recreation, educational facility

Summary:

The Society for the Performing Arts is a non-profit arts-presenting organization that brings the world’s best artists and companies to Houston. It sought eligibility under the Public Assistance Program as an educational facility. The regional staff denied the request because the Society for the Performing Arts did not meet the requirements of an educational facility as defined in 44 CFR 206.221. The Regional Director denied the Society’s first appeal for the same reason.

Issues:

Is the Society for the Performing Arts eligible for Public Assistance funding as an educational facility?

Findings:

No. The Society for the Performing Arts does not own or operate an eligible educational facility.

Rationale:

44 CFR §206.221.

Appeal Letter

July 17, 2002

Mr. E.C. Smith
State Coordinating Officer
Division of Emergency Management
Texas Department of Public Safety
2575 West Bellfort Street
Houston, Texas 77054-5025

Re: Second Appeal: Society for the Performing Arts, PA ID 201-UEUBR-00,
Eligibility Determination, FEMA-1379-DR-TX

Dear Mr. Smith:

This is in response to your letter of March 14, 2002, which transmitted the referenced second appeal on behalf of the Society for the Performing Arts. The Society for the Performing Arts is appealing the Regional Director’s determination that it is not an eligible applicant under the Public Assistance Program.

The Society for the Performing Arts sought eligibility under the Public Assistance Program as an educational facility. The Regional Director for the Federal Emergency Management Agency (FEMA) Region VI determined that the Society did not meet the requirements of an educational facility as defined in 44 CFR §206.221(a). I have reviewed all information submitted with the appeal and have determined that the Regional Director’s decision is consistent with program statute and regulations. Therefore, I am denying the appeal.

Please inform the Society for the Performing Arts of this determination. My decision constitutes the final action on this matter as set forth in 44 CFR §206.206.

Sincerely,
/S/
John R. D’Araujo, Jr.
Assistant Director
Readiness, Response and Recovery Directorate

cc: Ronald Castleman
Regional Director
FEMA Region VI

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