PA ID# XXX-XXXXX; Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery
DSR ID# XXXXX; Request for Public Assistance
Citation: FEMA-1665-DR-NY, Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery
Cross-reference: Private Nonprofit
Summary: On November 16, 2006, the Federal Coordinating Officer denied the Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemeterys (Cemetery) Request for Public Assistance (RPA). After a review of the information provided in the application, FEMA determined that the Cemetery did not operate as a facility that met the eligibility criteria outlined in 44 CFR §206.221(e) for private nonprofit (PNP) facilities.
In its first appeal, dated December 21, 2006, the Cemetery contested the denial of the RPA, asserting that they are: an eligible educational PNP facility because they have educational programs; a custodial care facility because they perpetually care for the deceased; a museum because its facility is registered in the New York State Registries of Historic Sites; and, a facility that provides health and safety services of a government nature because burial and cremation of the dead is in the interest of the publics health. The Cemeterys first appeal was denied on January 29, 2007, because the Cemeterys arguments did not conform to the definition of an educational institution as stated 44 CFR §206.221(a) and the Certificate of Incorporation of Forest Lawn Heritage Foundation, Inc. clearly indicates that they are established as a not-for-profit cemetery under the laws of the State of New York.
On March 28, 2007, the Cemetery submitted the second appeal indicating that the Scajaguada drain is located within the cemeterys property and the Buffalo Sewer Authority constantly uses the cemeterys private road to provide maintenance to the drain. Issues: Is Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery an eligible FEMA PNP facility?
Rationale: Section 102(10), Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR §§206.221(a), 206.221(e)(1), and 206.221(7); Disaster Assistance Policy 9521.3, Private Nonprofit Facility Eligibility.