An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 5172, 5173, or 5192 of this title, including such assistance provided pursuant to the procedures provided for in section 5189 of this title, which has the effect of restoring a facility substantially to its condition prior to the disaster or emergency, shall not be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852) [42 U.S.C. 4321 et seq.]. Nothing in this section shall alter or affect the applicability of the National Environmental Policy Act of 1969 to other Federal actions taken under this chapter or under any other provisions of law.
Notes of Decisions
San Luis & Delta-Mendota Water v. Nat. Resources Def. Coun, 747 F.3d 581 (9th Cir. 2014).
· cites it 2× “§ 8473 (stating that the EIS requirement does not apply to certain exemptions for electric powerplants); 42 U.S.C. § 5159 (providing that actions restoring particular facilities to their condition prior to a disaster or emergency are exempt from the EIS requirement).”
Virgin Islands Tree Boa v. Witt, 918 F. Supp. 879 (D.V.I. 1996).
· cites it 6× “” 42 U.S.C. § 5159 (1988). One type of action falling within this exemption is a federal agency providing temporary emergency housing.”
Hayne Blvd. Camps Pres. Ass'n v. Julich, 143 F. Supp. 2d 628 (E.D. La. 2001).
· cites it 3× “§ 5159 provides that certain actions, including debris removal, taken pursuant to the Stafford Act are exempt from NEPA compliance: An action which is taken or assistance which is provided pursuant to section 5170a, 5170b, 5172, 5173, or 5192 of this title, including such…”
Virgin Islands Tree Boa v. Witt, 918 F. Supp. 879 (D.V.I. 1996).
· cites it 6× “" 42 U.S.C. § 5159 (1988). One type of action falling within this exemption is a federal agency providing temporary emergency housing.”
San Luis & Delta-Mendota Water v. Nat. Resources Def. Coun (9th Cir. 2014).
“§ 8473 (stating that the EIS requirement does not apply to certain exemptions for electric powerplants); 42 U.S.C. § 5159 (providing that actions restoring particular facilities to their condition prior to a disaster or emergency are exempt from the EIS requirement).”
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