PA ID# 071-UGADM-00; New Creation Christian Church
PW ID# 20454; Request for Public Assistance
Conclusion: The Applicant did not provide sufficient documentation to demonstrate that it has an eligible Private Nonprofit (PNP) facility or legal responsibility for disaster-related repairs to the facility.
The Applicant’s facility sustained over 8 feet of floodwaters during Hurricane Katrina in August 2005. FEMA provisionally approved the Applicant’s Request for Public Assistance (RPA) in December 2011, based on the Applicant’s claim that it operated a community center, a shelter for the homeless, and a feeding program. The Applicant did not provide sufficient documentation to support its RPA claim, and FEMA obligated PW 20454 for zero-dollars in January 2013. In its first appeal, the Applicant requested funding without providing adequate supporting documentation. The Regional Administrator denied the appeal because the Applicant did not demonstrate that its facility was primarily used for eligible PNP activities or that it had legal responsibility for disaster-related repairs to the facility. In its second appeal, the Applicant again requested FEMA funding and stated that it could not provide any documentation because everything was lost during Hurricane Katrina. FEMA upheld the Regional Administrator’s determination that the Applicant did not provide sufficient documentation to demonstrate that it has an eligible PNP facility or legal responsibility for disaster-related repairs to the facility.
44 C.F.R. § 206.222(b) specifies that a PNP organization or institution which owns or operates an eligible PNP facility is eligible to apply for Public Assistance (PA).
There is insufficient documentation demonstrating that the Applicant owns or operates an eligible facility. Accordingly, the Applicant is not eligible to apply for PA funding.
44 C.F.R. § 206.223(a)(3) requires that an item of work must be the legal responsibility of an eligible applicant in order to be eligible for financial assistance.
The Applicant did not provide any documentation showing that it owned or leased the facility and has legal responsibility for any disaster-related repairs. Without legal responsibility, the Applicant is not eligible for financial assistance.
RDP 9521.3, Private Nonprofit Facility (PNP) Eligibility explains that an eligible applicant must meet requirements as listed in 44 C.F.R. § 206.221 – 44 C.F.R. § 206.226 , including the need to own or operate an eligible facility and to be legally responsible for disaster-related repairs. The policy also states that the facility must be primarily used for one of the services or facilities listed in 44 C.F.R. § 206.221(e).
Without meeting the requirements to own or operate an eligible facility and have legal responsibility for disaster-related repairs, the Applicant is not eligible for PA funding.