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Second Appeal Brief
PA ID# 000-UJI7S-00; Cheyenne-Arapaho Tribes
PW ID# 38 & 41; Evacuation and Sheltering Costs
Citation: FEMA-1718-DR-OK, Cheyenne-Arapaho Tribes, PWs 38 & 41, Sheltering and Evacuation
Reference: Allowable Costs; Sheltering; Evacuation
Summary: During the period of August 18 through September 12, 2007, there was extensive flooding in Blaine, Canadian and Kingfisher counties. The Cheyenne-Arapaho Tribal government (Applicant) paid for motels to shelter 120 families who were evacuated to safety during the storms and flooding. Additionally, a roof to the Applicant’s nursing home collapsed due to damages caused by the heavy rainfall, requiring evacuation and eliminating the facility as a potential shelter. On May 10, 2007, FEMA prepared PW 38 for $7,552 for costs associated with emergency evacuation of Tribal members and patients from the Applicant’s nursing home and PW 41 for hotel and motel costs in the amount of $83,526. Upon review, FEMA determined the PWs were not eligible for funding. The Regional Administrator denied the Applicant’s first appeal based on FEMA Disaster Assistance Policy DAP 9523.15, Eligible Costs Related to Evacuations and Sheltering. Paragraph VII D entitled, “Transitional Sheltering” states “Transitional sheltering, if authorized, will be implemented and managed directly by FEMA, through a contract agent. FEMA will not reimburse state or local governments for providing transitional sheltering to displaced disaster victims.” In its second appeal, the Applicant asserts that its actions were prudent due to the lack of available shelters and the damage to the Tribal members’ homes and nursing home.
Issues: 1. Were there extenuating circumstances that would justify the costs associated with sheltering Tribal members in hotels and motels?
2. Are transportation costs associated with the emergency evacuation reimbursable?
Findings: 1. Yes.
Rationale: Section 403 of the Stafford Act, 44 CFR §206.225, Emergency work.