Stafford Act 423(a); 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. Under 44 C.F.R. 206.206(c)(2); the grantee will review and forward appeals from an applicant to the RA within 60 days of receipt.The Applicant submitted its appeal of PW 78 more than 60 days after receipt of the project files. The Grantee forwarded the second appeal more than 60 days after receipt.44 C.F.R. 206.223(a)(1) provides that work must be required as the direct result of the disaster to be eligible for PA funding. As such; 44 C.F.R. 206.223(e) prohibits PA for damages caused by an applicant negligence.Significant rainfall occurred after the disaster and the Applicant has not demonstrated it attempted to take protective measures to prevent water intrusion. Consequently; it has not established the damages to floors one through three are disaster-related.

PA Guide; at 29; 31-32; 139; 140.Dept. of Transp.; FEMA-4068-DR-FL; at 3 (Aug. 5; 2016); City of Plattsburgh; FEMA-4020-DR-NY; at 4 (June 8; 2016); City of Port Arthur; FEMA-1606-DR-TX; at 1-2 (Oct. 14; 2008).HeadnotesStafford Act § 423(a); 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. Under 44 C.F.R. § 206.206(c)(2); the grantee will review and forward appeals from an applicant to the RA within 60 days of receipt.The Applicant submitted its appeal of PW 78 more than 60 days after receipt of the project files. The Grantee forwarded the second appeal more than 60 days after receipt.44 C.F.R. § 206.223(a)(1) provides that work must be required as the direct result of the disaster to be eligible for PA funding. As such; 44 C.F.R. § 206.223(e) prohibits PA for damages caused by an applicant’s negligence.Significant rainfall occurred after the disaster and the Applicant has not demonstrated it attempted to take protective measures to prevent water intrusion. Consequently; it has not established the damages to floors one through three are disaster-related.