44 Cfr 206.46

§ 206.46

44 CFR Ch. I (10–1–13 Edition)

(2) The damages caused by such disasters or disaster are so overwhelming
and severe that it is not possible for
the State or other eligible disaster assistance applicant to immediately assume their financial responsibility
under the Act; and
(3) The State and the other eligible
disaster applicants are not delinquent
in payment of any debts to FEMA incurred as a result of Presidentially declared major disasters or emergencies.
(b) Repayment of loans. Any loan
made to a State under paragraph (a) of
this section must be repaid to the
United States. The Governor must include a repayment schedule as part of
the request for advance.
(1) The State shall repay the loan
(the principal disbursed plus interest)
in accordance with the repayment
schedule approved by the Assistant Administrator for the Disaster Assistance
Directorate together with the Chief Financial Officer.
(2) If the State fails to make payments in accordance with the approved
repayment schedule, FEMA will offset
delinquent amounts against the current, prior, or any subsequent disasters, or monies due the State under
other FEMA programs, in accordance
with the established Claims Collection
procedures.
(c) Interest. Loans or advances under
paragraph (a) of this section shall bear
interest at a rate determined by the
Secretary of the Treasury, taking into
consideration the current market
yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period of
the loan or advance. Simple interest
will be computed from the date of the
disbursement of each drawdown of the
loan/advance by the State based on 365
days/year.
§ 206.46 Appeals.
(a) Denial of declaration request. When
a request for a major disaster declaration or for any emergency declaration
is denied, the Governor may appeal the
decision. An appeal must be made within 30 days after the date of the letter
denying the request. This one-time request for reconsideration, along with
appropriate additional information, is

submitted to the President through the
appropriate Regional Administrator.
The processing of this request is similar to the initial request.
(b) Denial of types of assistance or
areas. In those instances when the type
of assistance or certain areas requested
by the Governor are not designated or
authorized, the Governor, or the GAR,
may appeal the decision. An appeal
must be submitted in writing within 30
days of the date of the letter denying
the request. This one-time request for
reconsideration, along with justification and/or additional information, is
sent to the Assistant Administrator for
the
Disaster
Assistance
Directoratethrough the appropriate
Regional Administrator.
(c) Denial of advance of non-Federal
share. In those instances where the
Governor’s request for an advance is
denied, the Governor may appeal the
decision. An appeal must be submitted
in writing within 30 days of the date of
the letter denying the request. This
one-time request for reconsideration,
along with justification and/or additional information, is sent to the Assistant Administrator for the Disaster
Assistance Directoratethrough the appropriate Regional Administrator.
(d) Extension of time to appeal. The 30day period referred to in paragraphs
(a), (b), or (c) of this section may be extended by the Assistant Administrator
for the Disaster Assistance Directorate
provided that a written request for
such an extension, citing reasons for
the delay, is made during this 30-day
period, and if the Assistant Administrator for the Disaster Assistance Directorate agrees that there is a legitimate basis for extension of the 30-day
period. Only the Governor may request
a time extension for appeals covered in
paragraphs (a) and (c) of this section.
The Governor, or the GAR if one has
been named, may submit the time extension request for appeals covered in
paragraph (b) of this section.
§ 206.47

Cost-share adjustments.

(a) We pay seventy-five percent (75%)
of the eligible cost of permanent restorative work under section 406 of the
Stafford Act and for emergency work
under section 403 and section 407 of the

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