Pursuant to DAP9526.1 and the PA Guide, when an applicant requests an improved project that will replace the facility, the cost of mitigation measures are not eligible. FEMA approved an improved project as requested by the Applicant. The requested project completely replaced the steam system. Accordingly, mitigation measures are not eligible for funding. Pursuant to 44 C.F.R. § 206.206, an Applicant has 60 days to file its appeal after receipt of the notice of the action that is being appealed. The Applicant received notice of an eligibility determination through an October 11, 2012 letter. However, it filed its appeal on April 20, 2013, well past the 60 day deadline. Neither the Stafford Act nor 44 C.F.R. authorize FEMA to grant time extensions for filing appeals.

: The requested Hazard Mitigation Proposal (HMP) funding is not eligible because the University of Texas Medical Branch (Applicant) replaced the steam system as part of an improved project. Moreover, the Applicant failed to timely appeal FEMA’s denial of the HMP, opting instead to receive funding for the improved project.

Stafford Act §§ 101(b)(5), 406, 423. 44 C.F.R. § 206.206. DAP9526.1, at 4. PA Guide, at 110-111. FEMA Second Appeal Analysis, Florida Department of Transportation, FEMA-4068-DR-FL, at 3 (Aug. 5, 2016). FEMA Second Appeal Analysis, Florida Department of Transportation, FEMA-1785-DR-FL, at 3 (July 9, 2016).