Request for Public Assistance

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1665-DR
ApplicantBuffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery
Appeal TypeSecond
PA ID#XXX-XXXXX
PW ID#XXXXX
Date Signed2008-08-12T04:00:00
Citation: FEMA-1665-DR-NY, Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery

Cross-reference: Private Nonprofit

Summary: On November 16, 2006, the Federal Coordinating Officer denied the Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery’s (Cemetery) Request for Public Assistance (RPA). After a review of the information provided in the application, FEMA determined that the Cemetery did not operate as a facility that met the eligibility criteria outlined in 44 CFR §206.221(e) for private nonprofit (PNP) facilities.

In its first appeal, dated December 21, 2006, the Cemetery contested the denial of the RPA, asserting that they are: an eligible educational PNP facility because they have educational programs; a custodial care facility because they perpetually care for the deceased; a museum because its facility is registered in the New York State Registries of Historic Sites; and, a facility that provides health and safety services of a government nature because burial and cremation of the dead is in the interest of the public’s health. The Cemetery’s first appeal was denied on January 29, 2007, because the Cemetery’s arguments did not conform to the definition of an educational institution as stated 44 CFR §206.221(a) and the Certificate of Incorporation of Forest Lawn Heritage Foundation, Inc. clearly indicates that they are established as a not-for-profit cemetery under the laws of the State of New York.

On March 28, 2007, the Cemetery submitted the second appeal indicating that the Scajaguada drain is located within the cemetery’s property and the Buffalo Sewer Authority constantly uses the cemetery’s private road to provide maintenance to the drain.
Issues: Is Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery an eligible FEMA PNP facility?

Findings: No.


Rationale: Section 102(10), Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR §§206.221(a), 206.221(e)(1), and 206.221(7); Disaster Assistance Policy 9521.3, Private Nonprofit Facility Eligibility.

Appeal Letter

August 13, 2008

John A. Agostino
Alternate Governor’s Authorized Representative
New York State Emergency Management Office
1220 Washington Avenue
Building 22, Suite 101
Albany, NY 12226-2251

RE: Second Appeal–Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery, Request for Public Assistance, FEMA-1665-DR-NY

Dear Mr. Agostino: This is in response to your letter dated April 17, 2007, transmitting the referenced second appeal on behalf of the Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery (Cemetery). The Cemetery is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s denial of its Request for Public Assistance.


In its first appeal, the Cemetery asserted that it is: an eligible educational private non-profit (PNP) facility because it has educational programs; a custodial care facility because it perpetually cares for the deceased; a museum because its facility is registered in the New York State Registries of Historic Sites; and, a facility that provides health and safety services of a government nature because burial and cremation of the dead is in the interest of the public’s health. In its second appeal, the Cemetery stated that the Buffalo Sewer Authority and other entities use the road located in private property to access the Scajaguada drain.

The Cemetery’s primary function is as a cemetery/crematory as stated in the Certification of Incorporation of Forest Lawn Heritage Foundation, Inc. The Cemetery’s facility does not meet the requirements of an eligible PNP facility as defined in 44 CFR §206.221(a) and (e) and further explained in Disaster Assistance Policy 9521.3, PNP Facility Eligibility, that states that cemeteries are ineligible PNP facilities. Accordingly, I am denying the appeal.

Please inform the Cemetery of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206.


Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate


cc: Steven Kempf, Jr.

Regional Administrator
FEMA Region II
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