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Second Appeal Brief
PA ID# 075-99075-00; Calvary Korean Baptist Church
PW ID# N/A; Requests for Public Assistance
Citation: FEMA-1603, 1607, 1786-DR-AL, Calvary Korean Baptist Church
Reference: Request for Public Assistance
Summary: On December 21, 2010, and January 7, 2011, the Calvary Korean Baptist Church (Applicant) submitted Requests for Public Assistance (RPA) under declarations for Hurricanes Katrina (FEMA-1603-DR-LA), Rita (FEMA-1607-DR-LA) and Gustav (FEMA-1786-DR-LA). With letters dated December 28, 2011, and January 10, 2011, the Louisiana Governor’s Office of Homeland Security and Emergency Preparedness forwarded the RPAs to the Louisiana Recovery Office (LRO), noting that FEMA agreed to allow RPAs submitted after the deadline on a case-by-case basis. The LRO denied the RPAs because the documentation did not establish that the Applicant sustained disaster damage to an eligible facility.
On January 25, 2012, the Applicant appealed FEMA’s determination, stating that the damaged church could not support a congregation, thereby reducing the Private Nonprofit organization’s income. The Applicant claimed that one of its undamaged buildings was used to house homeless people. The Regional Administrator denied the appeal on March 30, 2012, because the damaged building was used exclusively for religious purposes and did not provide one of the eligible essential governmental services identified in Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act).
In a second appeal, submitted on May 18, 2012, the Applicant states that although the church was used primarily for worship, it also had been used to shelter the homeless prior to the disaster. Additionally, the appeal letter states that the undamaged building did, in fact, sustain disaster damage, which was repaired through undocumented volunteer labor by the congregation.
The Applicant has not submitted any documentation supporting its claim to have operated a homeless shelter within any of its buildings. Furthermore, for a PNP facility to qualify as an eligible facility, the primary function of the facility must be an eligible essential service.
Issues: Has the Applicant demonstrated that it sustained disaster-damage to an eligible facility?
Rationale: Title 44 of the Code of Federal Regulations (44 CFR) §206.223(e), Definitions, Private nonprofit facility; Section 102 of the Stafford Act, Recovery Division Policy Number 9521.3, Private Nonprofit Facility Eligibility