Under 44 C.F.R. § 206.206(c)(2), a grantee has 60 days from the date of receipt to forward an applicant’s appeal to the FEMA RA. The Grantee forwarded the second appeal 84 days after receipt. Pursuant to the PA Guide, if the improved project entails changing the location of the facility, FEMA approval must also be obtained prior to construction. The Applicant did not obtain prior approval from FEMA for the improved project prior to construction of the Facility at the new location. The Stafford Act, as implemented by federal regulation, generally excludes FEMA’s reimbursement of emergency work actions and permanent work actions that restore a facility substantially to its predisaster condition from NEPA review.

Stafford Act §§ 316, 403, 406, 423. 42 U.S.C. §§ 4331-4332. 40 C.F.R. § 1506.3. 44 C.F.R. §§ 10.8(c) 206.201(m), 206.203(d)(1), 206.206(c)(2), 206.226. PA Guide, at 38, 100, 111, 128-129. Environmental Policy Memo # 3, at 1. Dept. of Transp., FEMA-4068-DR-FL, at 3; City of Plattsburgh, FEMA-4020-DR-NY, at 4; Borough of Milltown, FEMA-4021-DR-NJ, at 3; Columbus Reg’l. Hosp. v. FEMA, 708 F.3d 893, at 899.