Sec. 1440. Emergency exemptions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any road, highway, railway, bridge, or transit facility that is damaged by an emergency that is declared by the Governor of the State and concurred in by the Secretary of Homeland Security or declared as an emergency by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and that is in operation or under construction on the date on which the emergency occurs— may be reconstructed in the same location with the same capacity, dimensions, and design as before the emergency; and shall be exempt from any environmental reviews, approvals, licensing, and permit requirements under— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); sections 402 and 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 , 1344); division A of subtitle III of title 54, United States Code; the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ); the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ); the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), except when the reconstruction occurs in designated critical habitat for threatened and endangered species;

Executive Order 11990 ( 42 U.S.C. 4321 note; relating to the protection of wetland); and any Federal law (including regulations) requiring no net loss of wetland.

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U.S. Code