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; 1 and
(2) commenced within a 2-year period beginning on the date of a declaration described in this section.
(
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in text, is
This section, referred to in par. (1), means section 1005 of title I of
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.
Secretary means the Secretary of the Army, see section 2 of
1 See References in Text note below.