Citation: FEMA-4055-DR-OR, State Accident Insurance Fund, Applicant Eligibility
Cross-Reference: Applicant Eligibility
Summary: From January 17 through January 21, 2012, Oregon experienced a severe winter storm of sufficient magnitude, causing flooding, landslides, and mudslides. SAIF’s buildings sustained damage totaling $2 million as a result of the disaster. SAIF submitted a Request for Public Assistance as a state agency. FEMA denied the request, finding that SAIF was a public corporation that was separate and apart from the state. In the first appeal, SAIF asserted that it is an instrumentality of the state, provided case law to support its position, and clarified its connections with the state. The Acting Regional Administrator denied the appeal, determining that SAIF was not an instrumentality of the state because it could not utilize the state’s sovereign immunity in Section 1983 civil rights matters. In the second appeal, SAIF argues that it an instrumentality of the state and provides support through case law and further emphasizes its ties to the state.
Issue: Is the State Accident Insurance Fund Corporation an eligible applicant for public assistance funding?
Rationale: Robert T. Stafford Disaster Relief and Emergency Assistance Act Section 102 Definitions; 44 CFR §206.222, Applicant Eligibility.