Time Limitations/Extensions
Timeliness/ Improved Project
City of Pensacola
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Stafford Act 423; as implemented by 44 C.F.R. 206.206(c); allows an eligible applicant to appeal any PA eligibility determination. Pursuant to 206.206(c)(1); an applicant must submit an appeal within 60 days of receiving notice of the appealable action. Upon receipt; pursuant to 206.206(c)(2); a grantee has 60 days to forward it together with a written recommendation to FEMA. Neither the Stafford Act nor 44 C.F.R. provide FEMA with the authority to grant time extensions for filing appeals. The Grantee forwarded the second appeal 117 days after receiving it from the Applicant; rendering the appeal untimely.Stafford Act 406(e); as implemented by 44 C.F.R. 206.226; authorizes funding to restore facilities on the basis of their predisaster design in conformity with current codes and standards. Pursuant to 44 C.F.R. 206.203(d)(1); when applicants make additional improvements while still restoring the facility to predisaster function and capacity; FEMA caps the funding based on the Federal share of the approved estimate of eligible costs.

Improved Project
2017

Department of Transportation; FEMA-4068-DR-FL; at 2 (Aug. 5; 2016). HeadnotesStafford Act § 423; as implemented by 44 C.F.R. § 206.206(c); allows an eligible applicant to appeal any PA eligibility determination. Pursuant to § 206.206(c)(1); an applicant must submit an appeal within 60 days of receiving notice of the appealable action. Upon receipt; pursuant to § 206.206(c)(2); a grantee has 60 days to forward it together with a written recommendation to FEMA. Neither the Stafford Act nor 44 C.F.R. provide FEMA with the authority to grant time extensions for filing appeals. The Grantee forwarded the second appeal 117 days after receiving it from the Applicant; rendering the appeal untimely.Stafford Act § 406(e); as implemented by 44 C.F.R. § 206.226; authorizes funding to restore facilities on the basis of their predisaster design in conformity with current codes and standards. Pursuant to 44 C.F.R. § 206.203(d)(1); when applicants make additional improvements while still restoring the facility to predisaster function and capacity; FEMA caps the funding based on the Federal share of the approved estimate of eligible costs.

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