42 USC § 5159 - Protection of environment

---
identifier: "/us/usc/t42/s5159"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 5159 - Protection of environment"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "5159"
section_name: "Protection of environment"
chapter_number: 68
chapter_name: "DISASTER RELIEF"
subchapter_number: "III"
subchapter_name: "MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 93–288, title III, § 316, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4694.)"
---


# § 5159. Protection of environment

section 5189 of this title83 Stat. 85242 U.S.C. 4321

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 , 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 () [ 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.

---

**Source Credit**: (Pub. L. 93–288, title III, § 316, as added Pub. L. 100–707, title I, § 105(m)(1), Nov. 23, 1988, 102 Stat. 4694.)

## Editorial Notes

### References in Text

The National Environmental Policy Act of 1969, referred to in text, is , , , 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  and Tables.

This chapter, referred to in text, was in the original “this Act”, meaning , , . For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Prior Provisions

A prior  was classified to  prior to repeal by .