Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2349. Categorical exclusions in emergencies
Statutory text
For 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 (42 U.S.C. 5121 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—
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; 1 and
commenced within a 2-year period beginning on the date of a declaration described in this section.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Water Resources Reform and Development Act of 2014
Pub. L. 113–121 title I § 1005(b) · 128 Stat. 1193
Enacted · 33 U.S.C. § 2349
(Pub. L. 113–121, title I, § 1005(b), June 10, 2014, 128 Stat. 1212.)
Source evidence
Code source credit
(Pub. L. 113–121, title I, § 1005(b), June 10, 2014, 128 Stat. 1212.)Enacted provision · exact public law section
(b) Categorical Exclusions in Emergencies.— For 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 (42 U.S.C. 5121 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) 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 subsection.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is Pub. L. 93–288, , 88 Stat. 143, 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 section 5121 of Title 42 and Tables.
This section, referred to in par. (1), means section 1005 of title I of Pub. L. 113–121, which amended this section and section 2348 of this title.
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
Secretary means the Secretary of the Army, see section 2 of Pub. L. 113–121, set out as a note under section 2201 of this title.