alert - warning

This page has not been translated into 简体中文. Visit the 简体中文 page for resources in that language.

MONTGOMERY BOTANICAL CENTER

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1306-DR
ApplicantMONTGOMERY BOTANICAL CENTER
Appeal TypeSecond
PA ID#XXX-XXXXX
PW ID#PW G-2
Date Signed2001-04-02T04:00:00

Citation FEMA-1306-DR-FL, Montgomery Botanical Center, PW G-2, PNP Eligibility

Cross-reference PNP Facility Eligibility, PNP Museum, Botanical Garden

Summary Water, falling trees, and wind caused by Hurricane Irene damaged a road, fence and shade-house at the Montgomery Botanical Center (Center) in October 1999. Project Worksheet (PW) G-2 was prepared for $10,130 to cover the cost of repairs to these facilities. On December 17, 1999, FEMA informed the Center that it did not operate an eligible private nonprofit (PNP) facility, in accordance with 44 CFR  206.221(e), and therefore was ineligible for assistance. The Center's first appeal, dated February 20, 2000, explained the services it provides to students, scientists, and an adjacent botanical garden. It also claimed to be open to the general public. On May 31, 2000, FEMA denied this appeal because the Center did not appear to meet the criteria of an eligible PNP museum, in accordance with FEMA policy 9521.2. At issue was whether the Center preserved and exhibited a documented collection that was open to the general public. The Center submitted its second appeal on July 25, 2000. It focused primarily on whether the Center is open to the general public. The center claimed that students, scientists, and other groups regularly use the facilities and the collections therein, and members of the general public are encouraged to view the collections by appointment and without charge.

Issues 1) Does the Center preserve and exhibit to the public a documented collection of artistic, historic, scientific or other objects? 2) Does the Center own or operate an eligible PNP facility?

Findings 1) Yes. 2) Yes.

Rationale 44 CFR  206.221(e), FEMA Response and Recovery Directorate Policy Numbers 9521.2 and 9521.3

Appeal Letter

April 2, 2001

Joseph F. Myers
Governor's Authorized Representative
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100

Re: Second Appeal - Montgomery Botanical Center, PNP Eligibility, FEMA-1306-DR-FL

Dear Mr. Myers:

This is in response to the referenced appeal, submitted by your office on
September 5, 2000. The Montgomery Botanical Center (Center) is asking FEMA to reconsider its denial of the Center's Request for Public Assistance (RPA).

Project Worksheet (PW) G-2 was prepared for $10,130 to cover the cost of repairs to the Center's facilities. On December 17, 1999, FEMA denied assistance to the Center because it did not appear to operate an eligible private nonprofit (PNP) facility. The Center's mission is to carry out scientific and educational activities in the field of tropical botany or horticulture. To qualify as an eligible PNP museum, according to FEMA policy 9521.2, Private Nonprofit Museum Eligibility, a facility must preserve and exhibit a documented collection. FEMA stated that while the adjacent Fairchild Tropical Garden would appear to qualify for public assistance, the Center did not. In addition, it did not appear that the Center met the necessary criterion of being open to the general public.

The Center appealed this decision on February 20, 2000. It explained the services it provides to educational institutions and various societies. It emphasized that the Fairfield Tropical Garden uses the Center's facilities extensively and argued that the Center is open to the general public. FEMA denied this appeal on May 31, 2000, because the facility did not exhibit a documented collection to the general public, as required by FEMA policy 9521.2. Instead, the general public is able to view the exhibited collection at the adjacent Fairchild Tropical Garden and entry to the Center is by appointment only.

The Center's second appeal, dated July 25, 2000, focuses almost entirely on whether the facility is open to the general public. The Center must also be constructed or manufactured to "preserve a documented collection of artistic, historic, scientific or other objects, and exhibit the documented collection to the general public," in accordance with FEMA policy 9521.2. Paragraph 7.B of this policy does not automatically include botanical gardens in this category; rather, fixed facilities and equipment that are a part of otherwise eligible botanical gardens are eligible. This provision was added to specifically exclude living exhibits from eligibility (i.e., plants and trees). Botanical gardens must still meet the definition of a PNP museum. At issue is whether the Center meets this definition. It should be noted that despite the Center's educational offerings, it does not qualify as an educational institution, in accordance with 44 CFR  206.221(a), and therefore does not own eligible educational facilities.

FEMA policy 9521.3, Private Nonprofit Facility (PNP) Eligibility, states that PNP facility eligibility is based on primary use. A facility owned by an otherwise eligible PNP must be primarily used for eligible services. In this case, the Center must be primarily used to preserve and exhibit its collection. Based on the appeal and the applicant's previous requests, it appears that the Center meets this criterion. It maintains and preserves its plant collection, which is used by students and scientists conducting research. By appointment, the general public is able to view the collection without charge. For these reasons, I am granting this appeal. By copy of this letter I am asking the Regional Director to prepare a PW for $10,130.

Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR  206.206.

Sincerely,


/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

cc: Mary Lynne Miller
Acting Regional Director
FEMA Region IV