44 C.F.R. § 14.43(a) authorizes enforcement remedies, including project termination, “as appropriate in the circumstances,” if a grantee or applicant “materially fails to comply with any term of an award,” whether or not the term itself was deemed material or central to the grant’s purpose. The Applicant’s failure to comply or attempt compliance with the special conditions established a material failure, authorizing remedies. Termination was an appropriate remedy, within FEMA’s discretionary authority, upon consideration of the adverse effects of non-compliance to historic properties, the clarity of the conditions’ terms, and the Applicant’s failure to comply, or attempt compliance. NHPA § 106 and its implementing regulations impose consultation procedures for federally funded or licensed undertakings with potential adverse effect to historic properties. Here, FEMA’s enforcement action did not trigger NHPA § 106 requirements because project termination does not lead to the agency’s funding or licensing of an undertaking.

44 C.F.R. § 14.43(a). NHPA § 106. 36 C.F.R. §§ 800.1–800.6, 800.16(y). Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 416 (1971). Reclamation Dist. #800, FEMA-1628-DR-CA.