FP 205-081-2 states for a subrecipient (i.e. applicant or subgrantee), the protections of § 705 become effective 3 years after the date of transmission of the recipient’s (i.e. grantee’s) final expenditure report. The Grantee’s final expenditure report was transmitted on March 31, 2015. The procedural protections contained in § 705(a) and (b) are not effective until March 31, 2018. Therefore, they do not apply to the Applicant’s appeal. FP 205-081-2, published on March 31, 2016, states it applies to all potential recoveries of payments made to local government for all Public Assistance funding and for all PWs that are under appeal Applicant’s first appeal was under consideration by the RA at the time of publication of FP 205-081-2. Therefore, FP 205-081-2 applies to the Applicant. 44 C.F.R. § 206.206(a) requires an appeal to be supported by documented justification. The Applicant did not provide documented justification to support its appeal.

: Sections 705(a) and (b) of the Stafford Act do not apply to the Applicant. The statute of limitations and presumption of adequate record-keeping do not arise until three years after the date of transmission of the Grantee’s final expenditure report, which occurred on March 31, 2015. The deobligation of a portion of administrative allowance was appropriate. The Applicant has not provided FEMA documented justification in support of its appeal seeking reinstatement of deobligated funds.

Stafford Act § 325(a)(1), 705(a)–(b). 44 C.F.R. §§ 13.3, 13.42(b), 13.42(c)(1), 206.201(e), 206.206(a). FP 205-081-2, at 1, 3. PA Guide, at 41, 42, 86. City of Sweetwater, FEMA-1345-DR-FL, at 3