33 U.S.C. § 2349 | Categorical exclusions in emergencies

42 U.S.C. 5121For the repair, reconstruction, or rehabilitation of a water resources project that is in operation or under construction when damaged by an event or incident that results in a declaration by the President of a major disaster or emergency pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( et seq.), the Secretary shall treat such repair, reconstruction, or rehabilitation activity as a class of action categorically excluded from the requirements relating to environmental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), if the repair or reconstruction activity is—

(1)

1 See References in Text note below.

in the same location with the same capacity, dimensions, and design as the original water resources project as before the declaration described in this section;  and

(2)

commenced within a 2-year period beginning on the date of a declaration described in this section.

Pub. L. 113–121, title I, § 1005(b)June 10, 2014128 Stat. 1212(, , .)

Editorial Notes

References in Text

Pub. L. 93–288May 22, 197488 Stat. 143 section 5121 of Title 42The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is , , , which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 1005 of title I of Pub. L. 113–121 section 2348 of this titleThis section, referred to in par. (1), means , which amended this section and .

Codification

Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

section 2 of Pub. L. 113–121 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .