Coordination and Appeal Rights

• Request arbitration by emailing the recipient, the CBCA and FEMA at the same time, within 60 days of FEMA transmitting the first appeal decision.
• If FEMA hasn’t decided the first appeal within 180 days, withdraw it and request arbitration within 30 days of the withdrawal.
• The CBCA charges no fee, but each side pays its own costs, such as attorneys, consultants, copying and travel. Those costs are not eligible for FEMA funding.

The first appeal and its decision (or proof of 180 days with no decision), the amount in dispute, and the arbitration request sent to all three parties.

• If day 60 or 120 falls on a weekend or federal holiday, the next business day counts.
• FEMA reviews the appeal against the administrative record and the rules for that incident. It may send an RFI or ask independent experts for a technical review.
• A second appeal decision is FEMA’s final administrative decision. A determination or first appeal decision you don’t appeal on time also becomes final.

Proof of the transmittal date, proof of when you filed with the recipient, and the recipient’s transmittal to FEMA.

• Appeals must be written and submitted electronically; recipients submit them to FEMA through Grants Portal.
• Every appeal must include documented justification for your position, the specific amount in dispute for each issue, and the laws, regulations or policies (for that disaster) you believe FEMA’s decision conflicts with.
• You may withdraw an appeal at any time with a written request sent to both the recipient and FEMA.
• FEMA may raise new eligibility issues on appeal that weren’t in the original determination.
• These procedures apply to disasters declared on or after January 1, 2022; older declarations follow the earlier appeal rules in 44 CFR 206.206.

A written appeal with your argument, supporting documents, amounts in dispute by issue, and the specific citations.

• The RFI deadline depends on the volume and type of information requested, with a minimum of 15 days.
• Ask for an extension before the deadline, through the recipient, if you need more time.
• A determination memo must state what was denied and the amount, the legal or policy basis, and your appeal rights. It is sent electronically to you and the recipient.
• Determinations can come from any part of the project, including Validate as You Go (VAYGo) audit findings.
• If a dispute stalls, FEMA may offer a facilitated discussion led by an alternative dispute resolution specialist.

Your complete RFI response, any extension request and approval, and the determination memo with its transmittal date.

• For governments, facility eligibility usually isn’t evaluated for debris removal and most emergency protective measures.
• For private nonprofits, FEMA first confirms the nonprofit owns or operates a facility providing an eligible service.
• Simplified procedures (Stafford Act § 422): small projects can submit summary documentation and self-certify. You must still keep all source records for 3 years after the recipient certifies your last small project complete.
• Sampling: with large volumes of documents or damaged sites, you may submit summaries and FEMA validates a representative sample.
• Terms like “must” and “required” in the PAPPG reflect legal requirements; missing them can jeopardize funding.

Summary documentation for each building block, with full source records kept on file.