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Second Appeal Brief
PA ID# 121-UZ4E2-00; Good Earth Association
PW ID# Multiple PWs; Private Nonprofit Museum
Citation: FEMA-1975-DR-AR, Good Earth Association, Private Nonprofit Museum
Cross- Reference: Private Nonprofit, Facility Eligibility
Summary: Flooding during the declared event damaged six buildings located at the Living Farm Museum of the Ozarks, a facility which is owned and operated by the Good Earth Association (Applicant). The museum consists of a collection of antique farm equipment displayed on the grounds. The buildings on the grounds include six cabins, an office, and kitchen and bathroom facilities. FEMA prepared seven PWs for the repairs and/or replacement of the six damaged buildings and for damaged contents from the six buildings. The buildings are located in a Special Flood Hazard Area and the Applicant did not have National Flood Insurance Program coverage on the buildings at the time of the event; therefore, FEMA applied a mandatory flood insurance reduction to the cost estimate for five of the seven PWs. Further, FEMA reduced the total estimated cost to $46,061, because the Applicant received a $14,000 loan from the Small Business Administration for that amount. During review, FEMA determined that the damaged facilities do not meet the eligibility criteria for a private nonprofit museum in accordance with Disaster Assistance Policy DAP 9521.2 Private Nonprofit Museum Eligibility. FEMA denied funding for all seven PWs, stating that “the cabins for which damage is claimed are occupied by members of the Association as living quarters and do not have a primary purpose of preserving a documented collection of artistic, historic, scientific or other objects per the policy.” The Applicant claimed, in a first appeal of FEMA’s denial, that the Living Farm Museum of the Ozarks is an outdoor display and live demonstration museum, and the entire site has the primary purpose of preserving and exhibiting the documented collection to the general public and that “the cabins occupied by museum staff provide custodial, maintenance, security, and administrative support necessary to an outdoor museum collection.” The Regional Administrator determined that the damaged buildings are used primarily as residences and that does not qualify them as “displaying or supporting the antique equipment.” The Applicant submitted a second appeal reiterating its position that all of the damaged facilities support the daily operation of the museum.
Issues: Were the damaged facilities primarily used for the preservation or exhibition of artistic, historic, scientific or other objects at the time of the declared event?
Rationale: Disaster Assistance Policy DAP 9521.2 Private Nonprofit Museum Eligibility;
44 CFR §206.226 Restoration of damaged facilities