Stafford Act § 423 and 44 C.F.R. § 206.206(c)(1) requires an Applicant to appeal a denial regarding eligibility for, from, or amount of Public Assistance within 60 days after the date on which it was notified of the denial. Applicant filed its appeal 40 days after receiving notification that closeout had only partially approved the overrun. Pursuant to 44 C.F.R. §13.30(d)(1) the subgrantee is required to obtain the prior approval of the awarding agency when there is a revision of the scope or objectives of the project. Applicant did not obtain prior FEMA approval before moving the waterline and excavating the roadbed, so those elements are not eligible for funding. RP9524.2 states that FEMA must determine the stability of the site before it can approve funding to repair an eligible facility. The statement in the Applicant’s engineers’ letter about past soil movement lacked enough specificity to determine the state of integral ground stability at the time of the disaster.

: The first appeal was timely filed. There is insufficient evidence to establish that the site’s integral ground was unstable prior to the disaster. FEMA did not pre-approve scope of work changes to move a waterline, completely excavate the roadbed, and add wall drains. The waterline and roadbed are ineligible. The wall drains are eligible as a best construction practice.

Stafford Act § 423, 42 U.S.C. § 5189(a) 44 C.F.R. §§ 13.30(d)(1), 206.206(c)(1) and (2) PA Guide, FEMA 322 at 112, 140 RP9524.2, Landslides and Slope Failures, at 4