Stafford Act § 423(a), implemented by 44 C.F.R. § 206.206 (c)(1), allows an applicant to appeal within 60 days of receiving notice of any PA determination. 44 C.F.R. § 206.206 (c)(2) requires a grantee to forward an applicant’s appeal to FEMA within 60 days of receipt. Per Dep’t of Transp. and Nashville-Davidson County, FEMA cannot extend the time to file or forward appeals. The Applicant received notice of Version 4’s deobligation by letter dated February 10, 2012, and the Applicant admits that its first appeal letter was untimely. The Grantee did not forward the Applicant’s appeal until more than 5 years after its receipt thereof. Section 705(c) of the Stafford Act bars FEMA from deobligating funding when certain conditions are present. However, under Recovery Policy FP-205-081-2, Section 705(c) does not apply where appeal rights are exhausted and FEMA has made a final administrative decision.

: The Village of North Palm Beach (Applicant) submitted its first appeal outside of the 60-day timeframe set by 44 C.F.R. § 206.206(c)(1). The Florida Division of Emergency Management (Grantee) also forwarded the appeal well beyond 44 C.F.R. § 206.206(c)(2)’s 60-day timeframe. Consequently, the Applicant’s appeal rights lapsed, and Section 705(c) of the Stafford Act permits FEMA’s deobligation.

Stafford Act §§ 423(a), 705(c) (2000). 44 C.F.R. § 206.206(c) (2005). Recovery Policy FP-205-081-2, Stafford Act Section 705, Disaster Grant Closeout Procedures, at 2, 4 (Mar. 31, 2016). Goshen Historic Track, Inc., FEMA-4085-DR-NY, at 2 (Jan. 23, 2018); Roman Catholic Archdiocese of Miami, 1602-DR-FL, at 4 (Jan. 3, 2018); City of Sweetwater, FEMA-1345-DR-FL, at 3, 4 (Aug. 15, 2017); Fla. Dep’t of Transp., FEMA-4068-DR-FL, at 3-4 (Aug. 5, 2016); Nashville-Davidson County, FEMA-1909-DR-TN, at 3 (Apr. 23, 2018).