Neither the Stafford Act § 406, nor FEMA’s PA regulations for permanent work, require FEMA to approve any funding request. Instead, FEMA may provide funding for eligible work at its discretion. FEMA exercises discretionary authority not to fund any restoration for public transit infrastructure required as a result of Hurricane Sandy.

FEMA and FTA leadership made the discretionary policy determination, in coordination with OMB, that FTA would be the sole source of Hurricane Sandy-related restoration funds for transit infrastructure. Therefore, the Applicant’s appeal is denied.

Stafford Act § 406. 44 C.F.R. §§ 206.220, 206.226. St. Tammany Parish, ex. Rel. Davis, 556 F.3d 307, 324 (5th Cir. 2009); Cal.-Nev. Methodist Homes v. Fed. Emergency Mgmt. Agency, 152 F. Supp. 2d 1202, 1207 (N.D. Cal. 2001).