Individual Sheltering

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

Disaster1731-DR-CA
ApplicantSan Pasqual Indian Reservation
Appeal TypeSecond
PA ID#000-68312-00
PW ID#311
Date Signed2014-01-16T00:00:00

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.

Summary Paragraph

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. 

Headnotes

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.

Authorities Discussed

  • 44 CFR §206.222 Applicant eligibility
  • Disaster Assistance Policy DAP 9523.15, Eligible Costs Related to Evacuations and Sheltering dated April 6, 2007

 

 

 

 

Appeal Letter

January 16, 2014

Allen E. Lawson
Tribal Spokesman
P.O. Box 365
27458 N. Lake Wohlford Rd.
Valley Center, California 92082

Re: Second Appeal – San Pasqual Indian Reservation, PA ID 000-68312-00, Individual Sheltering, FEMA-1731-DR-CA, Project Worksheet (PW) 311

Dear Mr. Lawson:

This is in response to your letter dated August 19, 2013, transmitting the referenced second appeal from the San Pasqual Indian Reservation appealing the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) denial of $38,800 in direct disbursement of funds to tribal evacuees for sheltering costs.

As explained in the enclosed analysis, I have determined that individual tribal members are not eligible applicants for FEMA Public Assistance. Further, direct disbursement of funds to evacuees for transitional sheltering is not eligible for reimbursement under the Public Assistance Program.  Accordingly, I am denying this appeal.

This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

Sincerely,

/s/

Deborah Ingram
Assistant Administrator
Recovery Directorate

Enclosure

cc:  Nancy Ward
      Regional Administrator
      FEMA Region IX

 

Appeal Analysis

Background

Wildfires between October 21 and November 9, 2007 prompted the mandatory evacuation of the San Pasqual Indian Reservation (Grantee). The Grantee’s Tribal Council provided between $200 and $400 of direct financial assistance to the evacuees to assist with sheltering, food, water and other household expenses. The Grantee also used force account labor and equipment and purchased materials for fire watch response efforts.

On May 6, 2008, FEMA approved PW 311 for emergency protective measures for a total amount of $42,798.45. This amount included $38,800 for direct funding disbursements to individuals for sheltering costs.

On August 3, 2012, FEMA Region IX informed the Grantee the funds paid directly to Tribal members were not eligible for reimbursement and explained that public assistance funding is only eligible for certain types of sheltering under FEMA Disaster Assistance Policy (DAP) 9523.15 Eligible Costs Related to Evacuations and Sheltering.  Therefore, FEMA deobligated $38,800 from PW 311.

First Appeal

On November 30, 2012, the Grantee transmitted their first appeal requesting reimbursement of the deobligated $38,800.   The Grantee stated that the disbursements were necessary to provide shelter to its residents and eliminate or reduce an immediate threat to lives, public health and safety.  The Grantee indicated that shelters were at full capacity, many vendors were on a cash only basis, and the financial assistance was critical to the fire victims’ ability to survive. The Grantee argued that the direct funding disbursements were eligible for reimbursement and cited Title 44 of the Code of Federal Regulations (44 CFR)§206.110, Federal Assistance to Individuals and Households, as allowing for direct assistance to eligible individuals and households.

On June 20, 2013, the FEMA Region IX Deputy Regional Administrator (RA) denied the first appeal, explaining that, in accordance with 44 CFR §206.201, the tribe is an eligible public assistance applicant but individual tribal members are not.  The RA also noted that the provision cited by the Grantee, 44 CFR §206.101, describes FEMA’s Individual Assistance Program and that individuals must apply and be eligible under that program to receive funding.  The RA also referenced Disaster Assistance Policy (DAP) 9523.15 Eligible Costs Related to Evacuations and Sheltering, to explain which evacuation and sheltering costs are eligible for public assistance funding. 

Second Appeal

The Grantee argues in a second appeal letter dated August 19, 2013, that it had to disburse funding to address the threat to public health and safety.   The Grantee requested a waiver of the reimbursement of funds due to the hardship it would cause. The Grantee did not provide additional documentation with its second appeal.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

Discussion

Pursuant to 44 CFR §206.222, only the following  entities are eligible to apply for assistance 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; and (c) Indian tribes or authorized tribal organizations.  The Grantee, as a tribal government, is an eligible public assistance applicant but individual tribal members are not.  As the RA noted, individuals and households can receive assistance through FEMA’s Individual Assistance Program.

Disaster Assistance Policy 9523.15 Eligible Costs Related to Evacuations and Sheltering recognizes two distinct forms of sheltering.  A congregate shelter is “[a]ny private or public facility that provides contingency congregate refuge to evacuees, but that day-to-day serves a non-refuge function. In comparison, a transitional shelter is a “private or public facility that, by design, provides a short-term lodging function and an increased degree of privacy over a congregate shelter.”  Hotels, motels, and cruise/berthing ships are examples of transitional shelters.  In cases where transitional sheltering is authorized, FEMA implements and manages it directly through a contract agent.  Recognizing such, transitional sheltering costs eligible for reimbursement are limited to those costs associated with transportation and pay for regular employees.  As explicitly noted in the policy, FEMA will not reimburse eligible applicants for providing transitional sheltering to displaced disaster victims.  The Grantee disbursed funding to tribal members for sheltering, food, water and other household expenses. The Grantee did not establish a congregate or a transitional shelter.  Even if the intent of the Tribal Council was for the individual members to use the direct disbursement for transitional sheltering, as stated above, funding for eligible applicants to provide transitional sheltering to displaced disaster victims is not eligible under the Public Assistance Program. 

Conclusion

FEMA’s Public Assistance Program is only available to state and local governments, eligible private nonprofit organizations, and authorized tribal reservations. It is not available to individuals and households.  As such, the Grantee’s disbursement to evacuees is not eligible for reimbursement under the Public Assistance Program.


 
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