Stafford Act § 423(a), as implemented by 44 C.F.R. § 206.206(c)(1), allows an applicant to appeal any PA determination within 60 days of receiving notice of the appealable action. The Applicant filed its request to modify PW 2535 six years after obligation. As this untimely request is the Applicant’s basis for the instant appeal, this second appeal is moot. Under Stafford Act § 311(a), with respect to any property that is repaired, restored, reconstructed, or replaced with PA funds, an applicant must obtain and maintain insurance that protects against future loss to the property. Prior to Tropical Storm Lee, the Applicant received PA funding for repairs to the Facility. As such, it was required to obtain and maintain insurance for the Facility. The Applicant failed to satisfy this requirement. Under 44 C.F.R. § 206.252(d), an applicant is not required to obtain and maintain flood insurance when eligible costs for a facility do not exceed $5,000.00. As FEMA approved eligible costs in excess of $5,000.00 for damages sustained from a prior disaster, the Applicant was required to obtain and maintain flood insurance. FEMA’s PA Guide allows for emergency work and permanent work to be combined into one project when the emergency work is incidental to the permanent work. As the cleanup work of removing mud and water was necessary for the Applicant to complete the permanent repair work, FEMA properly combined both in PW 2535.

: The Town of Owego’s (Applicant) request to modify Project Worksheet (PW) 2535 in FEMA-1650-DR-NY is untimely. Moreover, PW 2535 correctly combined cleanup and repair/restoration work costs, which together exceeded $5,000.00. As such, 44 C.F.R. § 206.252 required the Applicant to obtain and maintain flood insurance as a prerequisite of any future Public Assistance (PA) funding, which the Applicant failed to do. Consequently, the Regional Administrator (RA) correctly determined FEMA was precluded from awarding PA funding for damages incurred to the Highway Garage (Facility) as a result of FEMA-4031-DR-NY.

Stafford Act §§ 311(a), 423(a) 44 C.F.R. §§ 206.206(c)(1), 206.252(d). PA Guide, at 83, 98, 123. FEMA Second Appeal Analysis, Dept. of Transp., FEMA-4068-DR-FL (Aug. 5, 2016); FEMA Second Appeal Analysis, City of Plattsburgh, FEMA-4020-DR-NY (June 8, 2016).