: Pursuant to the Stafford Act § 423 and 44 C.F.R. § 206.206, the Applicant’s second appeal is untimely. Timeliness aside, the Applicant has not demonstrated that debris removal work performed on private roads is eligible for Public Assistance (PA) reimbursement pursuant to 44 C.F.R. §§ 206.223 and 206.224, and Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities.

Stafford Act §§ 403(a)(3)(A), 407(a)(1), 423. 44 C.F.R. §§ 206.206, 206.223(a)(3), 206.224(a)-(b). Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities. Headnotes Stafford Act § 423 and 44 C.F.R. § 206.206 provide statutory and regulatory timeframes for submitting appeals of FEMA determinations. The Applicant and the Grantee were untimely when submitting the second appeal for PWs 7884 and 7889. Pursuant to 44 C.F.R. § 206.223 and Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities, an eligible applicant must be legally responsible for removing debris from private roads. The Applicant did not sufficiently establish that its City ordinance endowed it with clear, legal responsibility to remove disaster-related debris from private roads. Pursuant to 44 C.F.R. § 206.224, as clarified in Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities, FEMA may reimburse costs associated with debris removal when it is necessary to eliminate an immediate threat to life or the debris is so widespread that public health and safety or the economic recovery of the community is threatened. The Applicant did not establish that the debris on private roads created an immediate threat to life, public health and safety, or property. Disaster-Specific Guidance #8, Debris Removal from Roadways in Private or Gated Communities, provides that FEMA requires the state or local government to indemnify FEMA from a claim arising from such removal and obtain unconditional authorization to remove the debris from the proper.