alert - warning

This page has not been translated into Español. Visit the Español page for resources in that language.

Private Nonprofit Facility Eligibility

Appeal Brief Appeal Letter

Appeal Brief

Desastre1604
ApplicantTogether Everyone Achieves More, Inc.
Appeal TypeSecond
PA ID#xxx-xxxxx-xx
PW ID#1604
Date Signed2008-01-30T05:00:00
Citation: FEMA-1604-DR-MS, Together Everyone Achieves More, Inc. (TEAM)
Cross-reference: PNP Eligibility
Summary: TEAM operates a homeless shelter and food pantry. In the aftermath of Hurricane Katrina on August 29, 2005, TEAM distributed groceries to individuals affected by the disaster. The evacuations inundated the shelter with extra individuals in need. The increase demand as a result of the storm depleted TEAM’s food stocks. Therefore, TEAM requested that FEMA reimburse it for the replenishment of its food stock. It also has requested that FEMA provide 25 mobile homes for individuals left homeless after the storm. FEMA denied the request because it determined that the TEAM was not an eligible PNP organization. On
March 19, 2007, the Regional Director agreed with this determination.

On May 21, 2007, TEAM submitted its second appeal. TEAM asserted that it submitted with its initial Request for Public Assistance, a ruling letter from the U.S. Internal Revenue Service and a copy of its incorporation charter and by-laws establishing that it is doing business under State law; thus, it meets the eligibility requirements for Public Assistance.
Issues: 1. Does TEAM operates an eligible PNP facility pursuant to 44 CFR §206.221(e)?
2. Did TEAM perform eligible work pursuant to 44 CFR §206.223?

Findings: 1. Yes.

2. No.
Rationale: 44 CFR §206.221(e) and CFR §206.223

Appeal Letter

January 30, 2008

Mr. Thomas M. “Mike” Womack
Governor’s Authorized Representative
Mississippi Emergency Management Agency
Post Office Box 5644
Pearl, Mississippi 39209-5644

Re: Second Appeal – Together Everyone Achieves More, Inc.

Private Nonprofit Facility Eligibility; FEMA-1604-DR-MS

Dear Mr. Womack:

This letter is in response to your letter dated July 5, 2007, transmitting the referenced second appeal on behalf of Together Everyone Achieves More, Inc. (TEAM). TEAM is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) determination that denied TEAM assistance under the Public Assistance Program.

Following Hurricane Katrina in 2005, TEAM submitted a Request for Public Assistance (RPA) to the State, requesting that FEMA reimburse it for replenishment of its food stock provided to clients left homeless after Hurricane Katrina. It also requested that FEMA provide 25 mobile homes to assist disaster victims in its community. The State denied the RPA because it determined that TEAM did not operate an eligible private non-profit (PNP) facility pursuant to 44 CFR §206.221(e). TEAM submitted its first appeal on February 15, 2006, asserting that it is an eligible PNP homeless shelter facility. On March 19, 2007, the Regional Director denied the first appeal because TEAM failed to establish that it met the Public Assistance eligibility requirements for a PNP applicant.

On May 21, 2007, TEAM submitted its second appeal requesting funding to replenish food stock distributed in the aftermath of Hurricane Katrina and to provide 25 mobile homes for evacuees and individuals affected by the Hurricane. TEAM asserted that it submitted, with its initial RPA, a ruling letter from the U.S. Internal Revenue Service and a copy of its incorporation charter and by-laws establishing that it is doing business under State law, thus meeting the eligibility requirements for the Public Assistance Program.
We have reviewed all the information that TEAM submitted with its second appeal and have determined that TEAM does, in fact, operate an eligible PNP facility pursuant to 44 CFR §206.221(e). However, we have also determined that TEAM did not perform any eligible work pursuant to 44 CFR §206.223.

TEAM requested reimbursement for the increased cost of providing additional food to clients after the disaster. The increased cost of food is considered an increased operating cost and is not eligible under the Public Assistance Program. In regards to the request to provide 25 mobile homes for evacuees and individuals, FEMA’s Individual Assistance Program provides temporary housing assistance to individuals displaced by a disaster. Temporary housing assistance is not eligible under the Public Assistance Program. Based on the above, I am denying the second appeal.

Please inform TEAM of my decision. My determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.

Sincerely,
/s/
Carlos J. Castillo Assistant Administrator
Disaster Assistance Directorate

cc: Major P. May
Regional Administrator
FEMA, Region IV