Citation: FEMA-1993-DR-NY, Allegany Trails, Inc., Request for Public Assistance (RPA)
Cross-Reference: Applicant Eligibility; Private Nonprofit
Summary: Following the severe storms, flooding, tornadoes, and straight-line winds that occurred between April 26 and May 8, 2011, the Applicant submitted an RPA on July 8, 2011. On July 25, 2011, FEMA determined that the Applicant was not an eligible private nonprofit (PNP) applicant. FEMA denied the RPA, because the RPA indicated that the Applicant’s primary purpose was to provide trails for health and recreation. The Applicant submitted a first appeal asserting that it functions as an educational facility, because the trail and trailheads are outdoor classrooms. The Applicant also stated that it has future plans to construct both a concert shelter (performing art facility) and an outdoor healthy heart fitness course to provide health and safety services to the general public. The FEMA Region II Regional Administrator denied the Applicant’s first appeal stating that the Applicant does not own or operate an eligible PNP facility. The Applicant submitted its second appeal, requesting reconsideration of its eligibility as a PNP and reiterating its position that it operates an educational facility. In support of its position, the Applicant refers to educational signs located along the trails. The Applicant states that many schools, colleges, and universities use the trails in their environmental programs because of an environmental cleanup project on the property.
Issue: Does the Applicant own or operate a private nonprofit facility as defined in 44 CFR §206.221(e)?
Rationale: 44 CFR §202.226 Applicant eligibility, 44 CFR §206.221(e) Definitions, Private nonprofit facility