Certain work is statutorily or categorically excluded under Stafford Act 316 and 44 C.F.R. Part 10.8(b).The Facility does not fall under any of the exclusions; and even if it did; FEMA still required a NEPA review due to a change in the scope of work.The PA Guide requires that an alternate project or an improved project that relocates or changes capacity receive approval by FEMA prior to construction. It defines an alternate project as one where the function changes.Even if Facility is an improved project; Applicant did not receive FEMA approval prior to construction; where it was relocated and increased its capacity. Regardless; the Facility is an alternate project; as the Applicant built a boat house instead of a gazebo.

Environmental Policy Memo # 3 (May 3; 1996).PA Guide; at 85; 102 (Oct. 1999).HeadnotesCertain work is statutorily or categorically excluded under Stafford Act § 316 and 44 C.F.R. Part 10.8(b).The Facility does not fall under any of the exclusions; and even if it did; FEMA still required a NEPA review due to a change in the scope of work.The PA Guide requires that an alternate project or an improved project that relocates or changes capacity receive approval by FEMA prior to construction. It defines an alternate project as one where the function changes.Even if Facility is an improved project; Applicant did not receive FEMA’s approval prior to construction; where it was relocated and increased its capacity. Regardless; the Facility is an alternate project; as the Applicant built a boat house instead of a gazebo.