Library Temporary Relocation
Appeal Brief
Disaster | FEMA 1763-DR |
Applicant | City of Cedar Rapids |
Appeal Type | Second |
PA ID# | 113-12000-00 |
PW ID# | 202 |
Date Signed | 2009-12-23T05:00:00 |
Citation: FEMA-1763-DR-IA, City of Cedar Rapids, Library Temporary Relocation,
Project Worksheet (PW) 202
Cross-
Reference: Temporary Facilities
Summary: Beginning on May 25, 2008, severe storms and flooding caused damage to the City of Cedar Rapids Main Library (Library). The Applicant requested $379,127 to lease a temporary facility to operate the public Library. FEMA did not provide funding for PW 202 because the continuance of library services was not essential to saving lives and protecting and preserving property or public health and safety.
In a letter dated September 18, 2008, the Applicant submitted its first appeal asserting that the Stafford Act defines libraries as a private nonprofit (PNP) facility providing essential services of a government nature. The Applicant argued that the Library provided essential government services eligible for temporary relocation costs. The Applicant stated that moving to a temporary location would result in a substantial reduction in the level of services required to stabilize the building and its contents. The Applicant declared that the Library was a critical part of the local educational services. On January 9, 2009, the Regional Administrator denied its first appeal because the city Library was not an essential facility because it did not provide life saving, health or safety services.
In a letter dated February 19, 2009, the Applicant submitted its second appeal. The Applicant asserts that Section 403 of the Stafford Act also deals with protecting and preserving property. The Applicant reiterated that the relocation measures that it proposed are more cost-effective than the continuing emergency stabilization and protection of the children’s collection at the Library. The Applicant restates that there is an immediate need to move the children’s collection and other library books and materials to a safe and stable location.
Issue: Do libraries provide essential community services that meet the eligibility requirements for a temporary facility?
Finding: Yes.
Rationale: Section 403(a)(3)(D) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5170b Assistance Act (Stafford Act), 42 U.S.C. 5170b, Public Assistance Policy 9523.3, Provision of Temporary Relocation Facilities, dated July 16, 1998
Appeal Letter
December 23, 2009
Michael W. Beaman
Alternate Governor’s Authorized Representative
Department of Public Defense
Iowa Homeland Security and Emergency Management
7105 NW 70th Avenue
Camp Dodge, Building W-4
Johnston, Iowa 50131-1824
Re: Second Appeal-City of Cedar Rapids, PA ID 113-12000-00,
Library Temporary Relocation, FEMA 1763-DR-IA, Project Worksheet (PW) 202
Dear Mr. Beaman:
This letter is in response to your letter dated February 25, 2009, which transmitted the referenced second appeal on behalf of the City of Cedar Rapids (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of $379,127 for temporary relocation assistance.
Beginning on May 25, 2008, severe storms and flooding caused damage to the City of Cedar Rapids Main Library (Library). The Applicant requested $379,127 to lease a temporary facility to operate the public Library for approximately 18 months during construction on the Library building. Section 403(a)(3)(D) of the Stafford Act authorizes the provision of temporary facilities for schools and other essential community services. Not all government facilities are essential. For example, recreation facilities, parking facilities, and other facilities that do not provide essential community services are not eligible. FEMA did not approve PW 202 for a temporary facility for the Library because FEMA determined that library services were not an essential community service pursuant to Response and Recovery Directorate Policy 9523.3, Provision of Temporary Relocation Facilities. The Regional Administrator sustained this determination on first appeal in a letter dated January 9, 2009. The Applicant submitted a second appeal in a letter dated February 19, 2009. The Applicant described the services that the Library provides and asserted that Section 403 of the Stafford Act also authorizes assistance to protect and preserve property. The Applicant restated its contention that libraries provide essential community services and should be eligible for temporary relocation assistance.
I reviewed all the information submitted with the appeal, including Response and Recovery Directorate Policy 9523.3, and have determined that the City of Cedar Rapids Main Library provides essential community services and is eligible for temporary relocation assistance. Accordingly, I am approving the second appeal. By copy of this letter, I request that the Acting Regional Administrator take appropriate action to implement this determination.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Sincerely,
/s/
Elizabeth A. Zimmerman
Assistant Administrator
Disaster Assistance Directorate
cc: Art Freeman
Acting Regional Administrator
FEMA Region VII