Per 44 C.F.R. 206.206(c)(2); a grantee must review and forward an applicant appeal to FEMA within 60 days of receipt.The Grantee submitted the Applicant first appeal 96 days after receiving it.Therefore; the appeal is untimely.Section 705(c) of the Stafford Act bars FEMA from deobligating previously awarded PA from a State or local government when certain criteria are met. However; FP 205-081-2 provides that the section 705(c) prohibition does not apply where an applicant appeal rights are exhausted and FEMA has made a final administrative decision.Because the first appeal was untimely; the Applicant appeal rights lapsed. FEMA determination under Version 4 of PW 8478 was the final administrative action concerning the appealed issues.Therefore; per FP 205-081-2; section 705(c) does not apply.

HeadnotesPer 44 C.F.R. § 206.206(c)(2); a grantee must review and forward an applicant’s appeal to FEMA within 60 days of receipt.The Grantee submitted the Applicant’s first appeal 96 days after receiving it.Therefore; the appeal is untimely.Section 705(c) of the Stafford Act bars FEMA from deobligating previously awarded PA from a State or local government when certain criteria are met. However; FP 205-081-2 provides that the section 705(c) prohibition does not apply where an applicant’s appeal rights are exhausted and FEMA has made a final administrative decision.Because the first appeal was untimely; the Applicant’s appeal rights lapsed. FEMA’s determination under Version 4 of PW 8478 was the final administrative action concerning the appealed issues.Therefore; per FP 205-081-2; section 705(c) does not apply.