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Private Nonprofit (PNP) Facility Eligibility

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1361-DR
ApplicantSeattle Hebrew Academy
Appeal TypeSecond
PA ID#XXX-XXXXX
PW ID#N/A
Date Signed2003-03-21T05:00:00
Citation: FEMA-1361-DR-WA, Seattle Hebrew Academy

Cross-reference: Private Nonprofit (PNP) Facility

Summary: Seattle Hebrew Academy (SHA), a private nonprofit educational facility, suffered damage to its facilities in the February 28, 2001, Nisqually Earthquake. SHA applied to and was denied a loan from the Small Business Administration. SHA then applied to and was denied assistance from FEMA because its enrollment was limited to children of the Jewish faith. FEMA’s interpretation of section 102(9) of the Stafford Act was that PNP facilities must be “open to the general public.” On July 21, 2001, SHA filed a first appeal with Region X. The Region denied that appeal on October 19, 2001. On March 13, 2002, Region X forwarded SHA’s second appeal to FEMA headquarters.

Based on research conducted by the FEMA OGC, it was determined that the Stafford Act does not require certain types of facilities be open to the general public; namely educational, utility, emergency, medical and custodial care facilities [enumerated in §206.221(e)(1),(2),(4),(5) & (6)] are not required to be open to the general public.

Issues: 1) Is Seattle Hebrew Academy, a private nonprofit educational facility that is not open to the general public, eligible for FEMA assistance?

Findings: 1) Yes. The Stafford Act does not require that PNP educational facilities be open to the general public.

Rationale: The Robert T. Stafford Disaster Relief and Emergency Assistance Act, [42 U.S.C. § 5122(9)], Title 44 CFR § 206.221, and FEMA RR Policy 9521.3 as amended.

Appeal Letter

March 21, 2003

Ms. Donna J. Voss
Deputy State Coordinating Officer
Emergency Management Division
State of Washington Military Department
MS: TA20 Building 20
Camp Murray, WA 98430-5122

Re: Second Appeal, Seattle Hebrew Academy, Private Nonprofit (PNP) Facility Eligibility, FEMA-1361-DR-WA

Dear Ms. Voss:

This letter is in response to your February 21, 2002, submittal of the second appeal of Seattle Hebrew Academy (SHA) regarding repair of its facility under FEMA-1361-DR-WA. I regret the time it has taken to complete this matter.

The Stafford Act authorizes FEMA to provide assistance to public facilities and certain private nonprofit facilities that were damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of those facilities. The Stafford Act defines private nonprofit facility as follows:

“Private nonprofit facility” means private nonprofit educational,
utility, irrigation, emergency, medical, rehabilitational, and
temporary or permanent custodial care facilities (including
those for the aged and disabled), other private nonprofit facilities
which provide essential services of a governmental nature
to the general public, and facilities on Indian reservations as
defined by the President. [42 U.S.C. § 5122 (9)]

In the past FEMA has interpreted that provision to mean all private nonprofit facilities must be open to the general public.

FEMA has now determined that this provision does not require educational institutions to be open to the general public and FEMA Response and Recovery Directorate Policy Number 9521.3 has been revised to reflect this reinterpretation, and to explain that not all PNPs are required to be open to the general public.

Based on these facts, I am granting this appeal. Furthermore, by copy of this letter, I am requesting the Regional Director of Region X to determine the eligible costs and to process project worksheets for the appropriate amount of assistance.

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/
John R. D’Araujo
Assistant Director
Response and Recovery Directorate

cc: John Pennington
Regional Director
FEMA Region X