Pursuant to 44 C.F.R. 10.4(a) FEMA is required to “act with care to assure that; in carrying out its responsibilities; including disaster planning; response and recovery and hazard mitigation and flood insurance; it does so in a manner consistent with national environmental policies.”The Applicant has failed to comply with the grant requirement to operate under a valid permit at all times; or the measures it agreed to implement to satisfy permit requirements.Pursuant to 44 C.F.R. 206.44; the arrangement between FEMA and a grantee is embodied in the FEMA-State Agreement; which sets forth the understandings; commitments; and conditions for the receipt of PA funding. Per 44 C.F.R. 13.43 FEMA can take enforcement action in the event that a “grantee or subgrantee materially fails to comply with any term of an award…”The legally binding requirements of the PA grant are embodied in FEMA regulation; the FEMA-State Agreement; and PW 610. FEMA properly exercised its discretionary authority in deobligating funding.

44 C.F.R. § 13.43.City of Fort Pierre; FEMA-1984-DR-SD; at 4.HeadnotesPursuant to 44 C.F.R. § 10.4(a) FEMA is required to “act with care to assure that; in carrying out its responsibilities; including disaster planning; response and recovery and hazard mitigation and flood insurance; it does so in a manner consistent with national environmental policies.”The Applicant has failed to comply with the grant requirement to operate under a valid permit at all times; or the measures it agreed to implement to satisfy permit requirements.Pursuant to 44 C.F.R. § 206.44; the arrangement between FEMA and a grantee is embodied in the FEMA-State Agreement; which sets forth the understandings; commitments; and conditions for the receipt of PA funding. Per 44 C.F.R. §13.43 FEMA can take enforcement action in the event that a “grantee or subgrantee materially fails to comply with any term of an award…”The legally binding requirements of the PA grant are embodied in FEMA regulation; the FEMA-State Agreement; and PW 610. FEMA properly exercised its discretionary authority in deobligating funding.