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33 U.S.C. § 2351a — Categorical exclusions in emergencies
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) 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; 11 See References in Text note below. and
(2) commenced within a 2-year period beginning on the date of a declaration described in this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2351a
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Source file: Laws/federal/codes/united-states-code/title-33/section-2351a-categorical-exclusions-in-emergencies--7759450c83.md
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Source location: Title 33, Chapter 36, § 2351a; chapter-036-water-resources-development.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) 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; 11 See References in Text note below. and
(2) commenced within a 2-year period beginning on the date of a declaration described in this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
**(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and private losses sustained in disasters; and
(7) identifying and improving the climate and natural hazard resilience of vulnerable communities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall notify the applicable non-Federal interest when construction of a water resources project or a functional portion of the project is completed so the non-Federal interest may commence responsibilities, as applicable, for operating and maintaining the project.
**(b) Non-Federal interest appeal of determination**
(1) **In general** — Not later than 7 days after receiving a notification under subsection (a), the non-Federal interest may appeal the completion determination of the Secretary in writing with a detailed explanation of the basis for questioning the completeness of the project or functional portion of the project.
(2) **Independent review**
(A) *In general* — On notification that a non-Federal interest has submitted an appeal under paragraph (1), the Secretary shall contract with 1 or more independent, non-Federal experts to evaluate whether the applicable water resources project or functional portion of the project is complete.
(B) *Timeline* — An independent review carried out under subparagraph (A) shall be completed not later than 180 days after the date on which the Secretary receives an appeal from a non-Federal interest under paragraph (1).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2348
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
Page 862
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2351
(4) any other activities related to corrosion
prevention the Secretary determines appro-
priate.
(d) Report
In the first annual report submitted to Con-
gress after December 16, 2016, in accordance with
section 556 of this title, and section 2295(b) of
this title, the Secretary shall report on the cor-
rosion prevention activities encouraged under
this section, including—
(1) a description of the actions the Secretary
has taken to implement this section; and
(2) a description of the projects utilizing cor-
rosion prevention activities, including which
activities were undertaken.
(Pub. L. 113–121, title I, § 1033, June 10, 2014, 128
Stat. 1233; Pub. L. 114–322, title I, § 1142, Dec. 16,
2016, 130 Stat. 1658; Pub. L. 118–272, div. A, title
I, § 1135, Jan. 4, 2025, 138 Stat. 3025.)
Editorial Notes
REFERENCES IN TEXT
The National Apprenticeship Act, referred to in sub-
sec. (c)(3)(B)(ii), is act Aug. 16, 1937, ch. 663, 50 Stat. 664,
which is classified generally to chapter 4C (§ 50 et seq.)
of Title 29, Labor. For complete classification of this
Act to the Code, see Short Title note set out under sec-
tion 50 of Title 29 and Tables.
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.
AMENDMENTS
2025—Subsec. (c)(3), (4). Pub. L. 118–272 added par. (3)
and redesignated former par. (3) as (4).
2016—Subsec. (d). Pub. L. 114–322 added subsec. (d).
Statutory Notes and Related Subsidiaries
‘‘SECRETARY’’ DEFINED
Secretary means the Secretary of the Army, see sec-
tion 2 of Pub. L. 113–121, set out as a note under section
2201 of this title.
§ 2351. Durabili
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2351a
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Federal law — U.S. Code and appendices · legal_authorities
Page 6354
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5121
Sec.
5165g.
National veterinary emergency teams.
SUBCHAPTER IV—MAJOR DISASTER ASSISTANCE
PROGRAMS
5170.
Procedure for declaration.
5170a.
General Federal assistance.
5170b.
Essential assistance.
5170c.
Hazard mitigation.
5171.
Federal facilities.
5172.
Repair, restoration, and replacement of dam-
aged facilities.
5173.
Debris removal.
5174.
Federal assistance to individuals and house-
holds.
5174a.
Flexibility.
5174b.
Critical document fee waiver.
5175, 5176. Repealed.
5177.
Unemployment assistance.
5177a.
Emergency grants to assist low-income mi-
grant and seasonal farmworkers.
5178.
Repealed.
5179.
Benefits and distribution.
5180.
Food commodities.
5181.
Relocation assistance.
5182.
Legal services.
5183.
Crisis counseling assistance and training.
5184.
Community disaster loans.
5185.
Emergency communications.
5186.
Emergency public transportation.
5187.
Fire management assistance.
5188.
Timber sale contracts.
5189.
Simplified procedure.
5189a.
Appeals of assistance decisions.
5189b.
Date of eligibility; expenses incurred before
date of disaster.
5189c.
Transportation assistance to individuals and
households.
5189d.
Case management services.
5189e.
Essential service providers.
5189f.
Public assistance program alternative proce-
dures.
5189g.
Unified Federal review.
5189h.
Agency accountability.
SUBCHAPTER IV–A—EMERGENCY ASSISTANCE
PROGRAMS
5191.
Procedure for declaration.
5192.
Federal emergency assistance.
5193.
Amount of assistance.
SUBCHAPTER IV–B—EMERGENCY PREPAREDNESS
5195.
Declaration of policy.
5195a.
Definitions.
5195b.
Administration of subchapter.
5195c.
Critical infrastructures protection.
PART A—POWERS AND DUTIES
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5121
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