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Second Appeal Brief
PA ID# XXX-XXXXX; MONTGOMERY BOTANICAL CENTER
PW ID# PW G-2; MONTGOMERY BOTANICAL CENTER
Citation FEMA-1306-DR-FL, Montgomery Botanical Center, PW G-2, PNP Eligibility
Cross-reference PNP Facility Eligibility, PNP Museum, Botanical Garden
Summary Water, falling trees, and wind caused by Hurricane Irene damaged a road, fence and shade-house at the Montgomery Botanical Center (Center) in October 1999. Project Worksheet (PW) G-2 was prepared for $10,130 to cover the cost of repairs to these facilities. On December 17, 1999, FEMA informed the Center that it did not operate an eligible private nonprofit (PNP) facility, in accordance with 44 CFR 206.221(e), and therefore was ineligible for assistance. The Center's first appeal, dated February 20, 2000, explained the services it provides to students, scientists, and an adjacent botanical garden. It also claimed to be open to the general public. On May 31, 2000, FEMA denied this appeal because the Center did not appear to meet the criteria of an eligible PNP museum, in accordance with FEMA policy 9521.2. At issue was whether the Center preserved and exhibited a documented collection that was open to the general public. The Center submitted its second appeal on July 25, 2000. It focused primarily on whether the Center is open to the general public. The center claimed that students, scientists, and other groups regularly use the facilities and the collections therein, and members of the general public are encouraged to view the collections by appointment and without charge.
Issues 1) Does the Center preserve and exhibit to the public a documented collection of artistic, historic, scientific or other objects? 2) Does the Center own or operate an eligible PNP facility?
Findings 1) Yes. 2) Yes.
Rationale 44 CFR 206.221(e), FEMA Response and Recovery Directorate Policy Numbers 9521.2 and 9521.3