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Second Appeal Brief
PA ID# 000-68312-00; San Pasqual Indian Reservation
PW ID# 311; Individual Sheltering
Conclusion: FEMA’s Public Assistance Program is not available to individuals and households. The Grantee’s disbursement to evacuees is not eligible for reimbursement under the Public Assistance Program.
Wildfires between October 21 and November 9, 2007 prompted the mandatory evacuation of the San Pasqual Indian Reservation (Grantee). FEMA obligated PW 311 for emergency protective measures, including direct funding disbursements for food and shelter. FEMA’s Region IX Recovery Division Director deobligated the individual sheltering costs in August 2012.
In its first appeal, the Grantee indicated that the financial assistance received was critical to the fire victims’ ability to survive. The Deputy Regional Administrator denied the first appeal, explaining that while the tribe is an eligible Public Assistance applicant, individual tribal members and their households are not. The Grantee did not provide any additional documentation with the second appeal. As FEMA’s Public Assistance Program is only available to state and local governments, eligible private nonprofit organizations, and authorized tribal reservations, Applicant’s second appeal was denied.
FEMA 44 CFR §206.222 provides the entities eligible to apply under the State public assistance grant:
- (a) State and local governments.
- (b) Private non-profit organizations or institutions which own or operate a private nonprofit facility as defined in § 206.221 (e)
- (c) Indian tribes or authorized tribal organizations and Alaska Native villages or organizations, but not Alaska Native Corporations, the ownership of which is vested in private individuals.
Disaster Assistance Policy 9523.15, Eligible Costs Related to Evacuations and Sheltering recognizes two distinct forms of sheltering.
- A congregate shelter is any private or public facility that provides contingency congregate refuge to evacuees, but day-to-day serves a non-refuge function.
- A transitional shelter is any private or public facility that, by design, provides a short-term lodging function and an increased degree of privacy over a congregate shelter. If transitional sheltering is authorized, FEMA, through a contract agent, will implement and manage it. FEMA will not reimburse eligible applicants for providing transitional sheltering to displaced disaster victims.
- 44 CFR §206.222 Applicant eligibility
- Disaster Assistance Policy DAP 9523.15, Eligible Costs Related to Evacuations and Sheltering dated April 6, 2007