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FEMA Categorical Exclusions (CATEX)

(CATEX) List FEMA 44 CFR 10.8(d)(2)
FEMA has determined that the following categories of actions have no significant effect on the human environment and are, therefore, categorically excluded from the preparation of environmental impact statements and environmental assessments except where extraordinary circumstances as defined in 44 CFR 10.8(d)(3).

LEVEL 1 CATEX

  1. Documentation Required

    1. Letter to the project file documenting level of CATEX and consultation on only those:

      1. Environmental laws and executive orders that may apply and;

      2. Extraordinary circumstances that may apply.

      3. If extraordinary circumstances exist, the project can no longer qualify as a CATEX and an Environmental Assessment must be prepared.

  2. List of Level 1 categorical exclusions

    1. Administrative actions (personnel, travel, procurement of supplies, etc.)

    2. Preparation, revision, and documentation of regulations, directives, manuals, and other guidance documents, etc.

    3. Studies that involve no commitment of resources other than manpower and funding.

    4. Inspection and monitoring activities, actions to enforce standards or regulations.

    5. Training activities, exercises, etc. using existing facilities, established procedures and land use designations.

    6. Procurement of goods and services to support emergency operation activities.

    7. Acquisition or lease of existing facilities where planned uses conform to past use or local land use requirements.

    8. Routine maintenance, repair, grounds keeping activities at FEMA facilities.

    9. Planting of indigenous vegetation.

    10. Granting of community-wide exceptions to floodproof residential basements.

    11. Listed planning and administrative activities in support of emergency and disaster response and recovery.

    12. Listed emergency and disaster response, recovery and mitigation activities under the Stafford Act (general federal assistance, essential assistance, debris removal, temporary housing, etc.)

LEVEL 2 CATEX

  1. Documentation required

    1. Full CATEX review, consultation and documentation as described in the NEPA Desk Reference on:

      1. National Historic Preservation Act and Archeological & Historical Preservation Act;

      2. Endangered Species Act;

      3. Other environmental laws and executive orders that may apply and;

      4. Extraordinary circumstances that may apply

      5. If extraordinary circumstances exist, the project can no longer qualify as a CATEX and an Environmental Assessment must be prepared.

  2. List of Level 2 categorical exclusion

    1. Acquisition of properties and associated demolition/removal when acquisition is: From a willing seller, the buyer coordinated acquisition planning with affected authorities, and the acquired property will be dedicated in perpetuity to uses that are compatible with open space, recreational, or wetland practices.

    2. Acquisition, installation, or operation of utility and communication systems that use existing distribution systems or facilities, or currently used infrastructure rights-of-way.

    3. Demolition of structures and other improvements or disposal of uncontaminated structures and other improvements to permitted off-site locations, or both.

    4. Physical relocation of individual structures where FEMA has no involvement in the relocation site selection or development.

    5. Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current codes and standards, or replacement of any facility in a manner that substantially conforms to the preexisting design, function, and location.

    6. Actions conducted within enclosed facilities, etc.

LEVEL 3 CATEX

  1. Documentation Required

    1. Full CATEX review, consultation and documentation as described in the NEPA Desk Reference on:

      1. National Historic Preservation Act and

      2. Archeological & Historical Preservation Act;

      3. Endangered Species Act;

      4. Farmlands Protection Policy Act;

      5. Section 404 of the Clean Water Act;

      6. Executive Orders 11988, 11990, 12898;

      7. Any other environmental laws and executive orders if they apply and;

      8. Extraordinary circumstances

      9. If extraordinary circumstances exist, the project can no longer qualify as a CATEX and an Environmental Assessment must be prepared.

  2. List of Level 3 categorical exclusions

    1. Improvements to existing facilities and the construction of small scale hazard mitigation measures in existing developed areas with substantially completed infrastructure, when the immediate project area has already been disturbed, and when those actions do not alter basic functions, do not exceed capacity of other system components, or modify intended land use; provided the operation of the completed project will not, of itself, have an adverse effect on the quality of the human environment... also: Any action that can be CATEXed but not covered under Level 1 or 2 CATEX.

Last Modified: Wednesday, 11-Aug-2010 14:14:26 EDT