Title 42 — The Public Health and WelfareRelease 119-73
§5159 Protection of environment
Title 42 › Chapter CHAPTER 68— - DISASTER RELIEF › Subchapter SUBCHAPTER III— - MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION › § 5159
Summary
Actions under sections 5170a, 5170b, 5172, 5173, or 5192, including procedures in section 5189, that largely restore a facility to its pre-disaster state are not considered "major Federal actions" under the National Environmental Policy Act of 1969. NEPA still applies to other federal actions under this chapter or any other law.
Full Legal Text
Title 42, §5159
The Public Health and Welfare — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 4321 of this title and Tables. This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see
Short Title
note set out under section 5121 of this title and Tables.
Prior Provisions
A prior section 316 of Pub. L. 93–288 was classified to section 5156 of this title prior to repeal by Pub. L. 100–707.
Reference
Citations & Metadata
Citation
42 U.S.C. § 5159
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73