Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 097-UGW56-00; Dauphin Island and Beach Board of Mobile County
PW ID# Project Worksheet 2675; Applicant Eligibility
FEMA-1549-DR-AL; Dauphin Island Park and Beach Board of Mobile County.
Legal Responsibility, Applicant Eligibility.
Extreme winds and the associated tidal surge from Hurricane Ivan on September 15-16, 2004, resulted in damage to buildings and other historic components in Fort Gaines. FEMA denied assistance for the repair of the facility because the Dauphin Island Park and Beach Board of Mobile County (DIPBB), a public nonprofit corporation(PNP), failed to apply to the Small Business Administration for a loan. FEMA also denied the repairs because they were not disaster related, but instead stemmed from deferred maintenance, pre-existing conditions, or facility improvement.
On June 1, 2007, the Alabama Emergency Management Agency (AEMA) filed a first appeal on behalf of DIPBB. DIPBB appealed FEMA’s applicant eligibility determination and claimed that it had not been properly and officially notified of FEMA’s rejection of its claims.
The Regional Administrator denied the first appeal on September 26, 2007, stating that Dauphin Island Park and Beach Board is not legally responsible for the repair of Fort Gaines. DIPBB, a public nonprofit corporation, is legally the responsible party. Public entities are only eligible for assistance if the majority of their funding is received from the State. DIPBB failed to demonstrate that a majority of its funding is provided by the State of Alabama or any of its political subdivisions.
On December 7, 2007, AEMA forwarded DIPBB’s second appeal. DIPBB provided financial documentation in support of its claim that it is a public entity and receives the majority of its operating funds from the State.
Is the Dauphin Island Park and Beach Board of Mobile County an eligible applicant?
44 CFR §§206.222 and 206.223.