Per Stafford Act § 423(a), an applicant must submit its appeal within 60 days of receipt of notice of an appealable action. The Applicant submitted a second appeal for 10 of the 12 sites 202 days after it received notice of the RA’s decision. The second appeals are untimely. Per 44 C.F.R. § 206.226(d), replacement codes and standards must meet eligibility criteria to receive PA funding assistance. The NWP guidelines contain discretionary language, which precludes FEMA from concluding uniform application, and consequently the guidelines do not meet the criteria for eligible codes and standards. FEMA cannot approve the Applicant’s current SOW change requests. Per 44 C.F.R. § 206.202(d)(1)(i), a PW must identify an eligible SOW. The Applicant may request SOW changes reflecting eligible hazard mitigation measures, or request improved projects.

: Pulaski County (Applicant) failed to submit second appeals related to 10 of the 12 water crossing sites in a timely manner. The Applicant’s requested changes to the Scopes of Work (SOWs) for all 12 sites are otherwise ineligible, as the project designs for each reflect an ineligible construction standard. Nevertheless, the Applicant may request changes to the SOW reflecting eligible hazard mitigation measures, or request improved projects. FEMA Region VII must assist the Applicant in developing the SOW for each site.

Stafford Act §§ 406(e), 423(a). 44 C.F.R. §§ 206.202(d)(1)(i), 206.206(c)(1), 206.226(d). Public Assistance Guide, at 101. DAP 9527.4, Construction Codes and Standards, at 3. City of Plattsburgh, FEMA-4020-DR-NY, at 4. City of Petaluma, FEMA-1628-DR-CA, at 4. City of Gulfport, FEMA-1604-DR-MS, at 3.