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Second Appeal Brief
PA ID# 167-UY6NX-00; Gulf Marine Institute of Technology
PW ID# 12410; Private Nonprofit (PNP) Museum Eligibility
Citation: FEMA-1791-DR-TX; Gulf Marine Institute of Technology (Applicant), Private Nonprofit (PNP) Museum Eligibility, PW 12410
Reference: Private Nonprofit (PNP) Museum Eligibility
Summary: The Applicant occupied a portion of the Moody Gardens Quarantine Building as a federally funded marine research and educational laboratory known as the National Resource Center for Cephalopods (NRCC). Power outages at Moody Gardens Quarantine Building, where the cephalopods were located at the time of Hurricane Ike, caused the stock to perish. Flood waters damaged the tanks, piping and support equipment. Hurricane Ike also damaged two docked research vessels (RV) (Marie Hall and Hot Spot).
FEMA prepared PW 12410 for $0 because FEMA determined that Moody Gardens Quarantine Building was not open to the general public and therefore not eligible for Public Assistance funding. In its first appeal letter dated January 15, 2010, the Applicant stated that the NRCC had a history and mission to be open to the public and planned to continue these endeavors at the new Moody Gardens Quarantine Building. In a letter dated June 3, 2010, the Regional Administrator partially approved its first appeal. The Regional Administrator determined that the Applicant had provided sufficient documentation to demonstrate that the GMIT met the definition of a PNP museum. Therefore, the Regional Administrator found that repairs or replacement of equipment, supplies, and aquatic stock were eligible for Public Assistance funding. The Regional Administrator concluded that the two RVs were not essential to the preservation and exhibition of the collection and were therefore not eligible for Public Assistance funding.
In a letter dated July 22, 2010, the Applicant submitted its second appeal. The Applicant stated that the RVs were important vessels to the welfare and feeding of the cephalopod research specimen production and for maintaining high quality offshore marine research animals.
Issues: Are the costs to repair the RV Marie Hall and RV Hot Spot eligible for Public Assistance?
Rationale: 44 CFR §206.221(e)(7), Definitions; Disaster Assistance Policy DAP9521.3, Private Nonprofit (PNP) Facility Eligibility, dated July 18, 2007; Response and Recovery Policy 9521.1, Private Nonprofit Museum Eligibility, dated August 17, 1999