Summary: Following the wildfires of 2007 in Southern California, the 22nd District Agricultural Association (Applicant) was designated by the San Diego County Office of Emergency Services (OES) as an evacuation center for families and their animals. The Applicant provided shelter to about 2,400 horses, 400 dogs, and over 2,000 people. The Applicant requested reimbursement of $33,986 for costs incurred. FEMA prepared PW 761 for the costs related to the sheltering of evacuee-owned livestock, but found the costs ineligible because sheltering of horses and livestock is not eligible under FEMA Disaster Assistance Policy (DAP) 9523.19, Eligible Costs related to Pet Evacuations and Sheltering. The Regional Administrator denied the first appeal reiterating that horses and livestock are not considered “pets” under DAP 9523.19. On June 5, 2009, the Applicant submitted its second appeal arguing that 2,400 “loose” horses would create a major safety hazard to the public and to emergency responders.
Issue: Was the sheltering of horses and livestock an eligible emergency protective measure?