Eligibility Determination

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1681-DR
ApplicantHoliday Shores Neighborhood Association
Appeal TypeSecond
PA ID#119-U4TO1-00
PW ID#N/A
Date Signed2007-10-17T04:00:00

Citation:

FEMA-1681-DR-IL, Holiday Shores Neighborhood Association

Cross-reference:

Private Non-Profit Eligibility and Applicant Eligibility

Summary:

The Holiday Shores Neighborhood Association (Association) submitted a
Request for Public Assistance (RPA) and requested reimbursement for debris removal. The Association was denied eligibility because it did not meet the regulatory requirements in 44 CFR §206.221(e)(f), which defines those private non-profit (PNP) facilities that are eligible for Public Assistance funding. Both Madison County and the Illinois Emergency Management Agency denied the Association’s request for assistance. FEMA denied the first appeal on the basis that this PNP did not meet the eligibility requirements for Public Assistance funding because it provides services to the property owners and not to the general public at large. In its second appeal, the Association asserted that it is not a private membership association and referenced the Recovery Division Fact Sheet, Debris Removal from Private Property, October 21, 2005, to base its eligibility for Public Assistance grants.

Issues:

Is the Association eligible for Public Assistance?

Findings:

No.

Rationale:

44 CFR §206.221 and 44 CFR §206.222

Appeal Letter

October 17, 2007

Mr. David L. Smith, Chief
Bureau of Disaster Assistance and Preparedness
Illinois Emergency Management Agency
1035 Outer Park Drive
Springfield, IL 62704-4462

Re: Second Appeal – Holiday Shores Neighborhood Association
Eligibility Determination; FEMA-1681-DR-IL

Dear Mr. Smith:

This is in response to your letter dated June 8, 2007, transmitting the referenced second appeal on behalf of the Holiday Shores Neighborhood Association (Association). The Association is appealing the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) determination to deny the Association’s eligibility to receive Public Assistance grant funding.
On March 26, 2007, the State forwarded the Association’s first appeal dated March 20, 2007, to FEMA. FEMA denied the appeal in a letter dated May 11, 2007, because FEMA determined that this private nonprofit organization (PNP) did not meet the eligibility requirements for Public Assistance funding. Further, it provides services to the property owners and not to the general public at large.
The Association submitted its second appeal by a letter dated June 6, 2007. The Association asserted that it is not a private membership association and that FEMA evaluates requests for reimbursement for debris removal from private property on a case-by-case basis. The Illinois Emergency Management Agency recommended the appeal be denied because the Association does not operate an eligible PNP facility as defined under 44 CFR §206.221.

Based on the information provided, the Association is a private restricted community association as defined in its bylaws. The Association does not meet the requirements of essential government type services as defined in 44 CFR §206.221(e) and applicant eligibility under
44 CFR §206.222. Therefore, the second appeal is denied.

Please inform the Association of this determination. This determination constitutes the final decision of this matter pursuant to 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo Assistant Administrator
Disaster Assistance Directorate

cc: Edward G. Buikema
Regional Administrator
FEMA, Region V

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