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

Page 861 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2350 1 See References in Text note below. available (including on a publicly available website). (Pub. L. 117–263, div. H, title LXXXI, § 8134, Dec. 23, 2022, 136 Stat. 3721.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(5), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Section was enacted as part of the Water Resources Development Act of 2022, and also as part of the James M. Inhofe National Defense Authorization Act for Fis- cal Year 2023, 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 sec- tion 8002 of Pub. L. 117–263, set out as a note under sec- tion 2201 of this title. § 2349. Categorical exclusions in emergencies For the repair, reconstruction, or rehabilita- tion of a water resources project that is in oper- ation or under construction when damaged by an event or incident that results in a declara- tion 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 ac- tivity as a class of action categorically excluded from the requirements relating to environ- mental assessments or environmental impact statements under section 1508.4 of title 40, Code of Federal Regulations (or successor regula- tions), if the repair or reconstruction activity is— (1) in the same location with the same ca- pacity, dimensions, and design as the original water resources project as before the declara- tion described in this section; 1 and (2) commenced within a 2-year period begin- ning on the date of a declaration described in this section. (Pub. L. 113–121, title I, § 1005(b), June 10, 2014, 128 Stat. 1212.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 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 sec- tion 2 of Pub. L. 113–121, set out as a note under section 2201 of this title. § 2350. Corrosion prevention (a) In general To the greatest extent practicable, the Sec- retary shall encourage and incorporate corro- sion prevention activities at water resources de- velopment projects. (b) Activities In carrying out subsection (a), the Secretary, to the greatest extent practicable, shall ensure that contractors performing work for water re- sources development projects— (1) use best practices to carry out corrosion prevention activities in the field; (2) use industry-recognized standards and corrosion mitigation and prevention methods when— (A) determining protective coatings; (B) selecting materials; and (C) determining methods of cathodic pro- tection, design, and engineering for corro- sion prevention; (3) use certified coating application special- ists and cathodic protection technicians and engineers; (4) use best practices in environmental pro- tection to prevent environmental degradation and to ensure careful handling of all hazardous materials; (5) demonstrate a history of employing in- dustry-certified inspectors to ensure adher- ence to best practices and standards; and (6) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration. (c) Corrosion prevention activities defined In this section, the term ‘‘corrosion preven- tion activities’’ means— (1) the application and inspection of protec- tive coatings for complex work involving steel and cementitious structures, including struc- tures that will be exposed in immersion; (2) the installation, testing, and inspection of cathodic protection systems; (3) the carrying out of an activity described in paragraph (1) or (2) through a program in corrosion prevention that is— (A) offered or accredited by an organiza- tion that sets industry standards for corro- sion mitigation and prevention; or (B) an industrial coatings applicator pro- gram that is— (i) an employment and training activity (as defined in section 3102 of title 29); or (ii) registered under the Act of August 16, 1937 (commonly known as the ‘‘Na- tional Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and