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Second Appeal Brief
PA ID# 113-12000-00; City of Cedar Rapids
PW ID# 202; Library Temporary Relocation
Citation: FEMA-1763-DR-IA, City of Cedar Rapids, Library Temporary Relocation,
Project Worksheet (PW) 202
Reference: Temporary Facilities
Summary: Beginning on May 25, 2008, severe storms and flooding caused damage to the City of Cedar Rapids Main Library (Library). The Applicant requested $379,127 to lease a temporary facility to operate the public Library. FEMA did not provide funding for PW 202 because the continuance of library services was not essential to saving lives and protecting and preserving property or public health and safety.
In a letter dated September 18, 2008, the Applicant submitted its first appeal asserting that the Stafford Act defines libraries as a private nonprofit (PNP) facility providing essential services of a government nature. The Applicant argued that the Library provided essential government services eligible for temporary relocation costs. The Applicant stated that moving to a temporary location would result in a substantial reduction in the level of services required to stabilize the building and its contents. The Applicant declared that the Library was a critical part of the local educational services. On January 9, 2009, the Regional Administrator denied its first appeal because the city Library was not an essential facility because it did not provide life saving, health or safety services.
In a letter dated February 19, 2009, the Applicant submitted its second appeal. The Applicant asserts that Section 403 of the Stafford Act also deals with protecting and preserving property. The Applicant reiterated that the relocation measures that it proposed are more cost-effective than the continuing emergency stabilization and protection of the children’s collection at the Library. The Applicant restates that there is an immediate need to move the children’s collection and other library books and materials to a safe and stable location.
Issue: Do libraries provide essential community services that meet the eligibility requirements for a temporary facility?
Rationale: Section 403(a)(3)(D) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5170b Assistance Act (Stafford Act), 42 U.S.C. 5170b, Public Assistance Policy 9523.3, Provision of Temporary Relocation Facilities, dated July 16, 1998