Appeals, Immediate Threat

Appeals

HEADNOTES

The Stafford Act and 44 C.F.R. §§ 206.206(a) and (c)(1) require that applicants file an appeal in writing through the recipient within 60 days after receipt of notice of the action that is to be appealed, at which point the recipient must forward the appeal, along with a written recommendation, to the RA within 60 days. For disasters predating January 1, 2022, Applicants and Recipients are encouraged to use the Grants Portal system to submit appeals. The Applicant has provided documentation that demonstrates its first appeal was timely submitted. To be eligible for reimbursement, costs must be directly tied to the performance of eligible work and be adequately documented. The Applicant did not demonstrate its claimed costs were directly tied to the performance ofemergency work in response to COVID-19. Therefore, the cost related to the conference call service is ineligible for PA. Under limited circumstances, the provision of food may be an eligible emergency protective measure. The documentation does not establish eligibility for meals under FEMA policy.

CONCLUSION

The Applicant has demonstrated its first appeal was timely submitted. However, the Applicant did not demonstrate the requested costs are associated with eligible emergency protective measures. Therefore, this appeal is denied.

AUTHORITIES

Stafford Act §§ 403(a), 423(a). 44 C.F.R. §§ 206.206(a), 206.206(c), 206.223(a)(1), 206.225(a). PAPPG, at 19, 21, 23, 58, 62-63, 146. Fact Sheet, Eligible Emergency Protective Measures, at 1; FP 104-22-0001, FEMA Policy: Public Assistance Appeals and Arbitration, at 2; FP 104-009-19, Coronavirus (COVID-19) Pandemic: Work Eligible for Public Assistance (Interim).

44 C.F.R. §§ 206.206(a), 206.206(c), 206.223(a)(1), 206.225(a)
Appeals, Immediate Threat