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Second Appeal Brief
PA ID# xxx-xxxxx; Diamondhead Country Club and Property Owners Association
PW ID# NA; Request for Public Assistance
Citation: FEMA-1604-DR-MS, Diamondhead Country Club and Property Owner’s Association Request for Public Assistance
Reference: Request for Public Assistance (RPA)
Summary: On December 6, 2005, FEMA denied the Applicant’s Request for Public Assistance to dredge 43,190 cubic yards of sediment from Paradise Bayou and adjacent finger canals for an estimated cost of $1,079,750 because the Applicant did not own or operate any facility providing essential government services to the general public as required by 44 CFR §206.221 (e) and §206.222 (b). The Applicant submitted the first appeal on June 6, 2008, stating that it was open to the general public, Paradise Bayou is a public waterway and various government agencies use the waterway. The Applicant asserts that the Mississippi Department of Marine Resources uses the boat ramp to stage vessels and access the Bay of St. Louis. The Applicant also contended that FEMA provided funding for debris and fallen trees after Hurricane Katrina. On November 12, 2008, the Regional Administer sustained FEMA’s denial for a Request of Public Assistance for several reasons: 1) The Applicant did submit the first appeal within 60 days of the notice of denial as prescribed by 44 CFR §206.206. The Applicant submitted the first appeal well over two years after the denial of Public Assistance. 2) FEMA’s Recovery Division Policy 9521.3, Private Nonprofit Facility (PNP) Eligibility, deems the use of the facility by the general public for recreational boating purposes or the incidental use of the boat launch or mooring by a government agency as an ineligible facility. 3) FEMA does not base eligibility findings on whether or not the agency provided funding previously. The Applicant did not submit any new information with the second appeal. The State requested that FEMA consider a portion of Paradise Bayou as either a utility or emergency facility under FEMA Recovery Division Policy 9521.3, Private Nonprofit Facility (PNP) Eligibility. Under this policy, FEMA will only fund a facility if its primary use is as a utility or emergency facility. The Applicant primarily uses its facility for recreational purposes. Therefore, the Applicant’s facility is ineligible.
Issue: Is the Applicant’s facility eligible for Public Assistance?
Rationale: Section 406 (c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR §§ 206.206, 206.206 (c) (2), Appeals, 206.221 (e) PNP Eligibility, 206.222 (b) PNP Eligibility; FEMA Recovery Division Policy 9521.3, Private Nonprofit Facility (PNP) Eligibility.