Sec. 1432. EMERGENCY EXEMPTIONS

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## SEC. 1432 EMERGENCY EXEMPTIONS **[**[23 U.S.C. 109 note](/us/usc/t23/s109)**]** ###

(a)In general Any road, highway, railway, bridge, or transit facility that is damaged by an emergency that is declared by the Governor of the State, with the concurrence of 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 subject to the exemptions and expedited procedures under subsection (b). ###

(b)Exemptions and Expedited Procedures ####

(1)Alternative arrangements Alternative arrangements for an emergency under section 1506.11 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection (a), and the reconstruction shall be considered necessary to control the immediate impacts of the emergency. ####

(2)Stormwater discharge permits A general permit for stormwater discharges from construction activities, if available, issued by the Administrator of the Environmental Protection Agency or the director of a State program under section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)), as applicable, shall apply to reconstruction under subsection (a), on submission of a notice of intent to be subject to the permit. ####

(3)Emergency procedures The emergency procedures for issuing permits in accordance with section 325.2(e)(4) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection (a), and the reconstruction shall be considered an emergency under that regulation. ####

(4)National historic preservation act exemption Reconstruction under subsection

(a)is eligible for an exemption from the requirements of the National Historic Preservation Act of 1966 pursuant to part 78 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). ####

(5)Endangered species act exemption An exemption from the requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) pursuant to section 7(p) of that Act (16 U.S.C. 1536(p)) shall apply to reconstruction under subsection

(a)and, if the President makes the determination required under section 7(p) of that Act, the determinations required under subsections

(g)and

(h)of that section shall be deemed to be made. ####

(6)Expedited consultation under endangered species act Expedited consultation pursuant to section 402.05 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act) shall apply to reconstruction under subsection (a). ####

(7)Other exemptions Any reconstruction that is exempt under paragraph

(5)shall also be exempt from requirements under— #####

(A)the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); #####

(B)the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and #####

(C)the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). **[**Section 1433 was repealed by section 11125(a) of division A of Public Law 117-58**]**

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