Summary Paragraph High winds and heavy rains from Hurricane Katrina damaged Gazebo #1 in Torres Park in St. Bernard Parish (Applicant). FEMA obligated funds to replace Gazebo #1 as the cost to repair it exceeded the cost of replacement. Applicant later requested Gazebo #1 be classified as an improved project, intending to increase the gazebo’s capacity and move it 35 feet closer to the park’s pond. During a site inspection, FEMA observed a completed structure, consisting of a completely enclosed building, housing a boat rental office, restrooms, concession stand, and storage area. FEMA advised Applicant to change its request to an alternate project based on a change in function, receiving Applicant’s request several months later. FEMA denied funding as Applicant initiated and completed construction before FEMA received the alternate project request. Applicant appealed, arguing that the boat house is a “recreational facility,” with no change in function. Thus as an improved project, Applicant appropriately submitted the request and received Grantee’s approval prior to completing construction. FEMA Region VI Regional Administrator denied the first appeal, since the Applicant initiated and completed construction prior to FEMA completing the required environmental and historical preservation (EHP) review. On second appeal, the Applicant requests relief, arguing: (1) the project is statutorily and categorically exempt from EHP review, (2) prior EHP reviews on the park sufficiently satisfy the FEMA EHP requirements, (3) the Grantee approved the improved project request satisfying EHP requirements, and (4) FEMA tacitly approved the project through its communications and a time extension approval. Authorities and Second Appeals Stafford Act § 316 and 406. 44 C.F.R. §§ 10.8, 206.203(d)(1), and (d)(2)(v). Environmental Policy Memo # 3 (May 3, 1996). PA Guide, at 85, 102 (Oct. 1999). Headnotes 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’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. The PA Guide and FEMA’s Environmental Policy Memo #3, require FEMA perform a NEPA review, prior to construction, to ensure it complies with environmental review requirements. FEMA was not afforded the opportunity to perform a NEPA review before the Applicant initiated or completed construction.