---
kind: "section"
citation: "42 U.S.C. § 5159"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5159"
heading: "Protection of environment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5159"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter III — Major Disaster and Emergency Assistance Administration"
---

# §5159. Protection of environment


An action which is taken or assistance which is provided pursuant to section [5170a](/usc/42/5170a.md), [5170b](/usc/42/5170b.md), [5172](/usc/42/5172.md), [5173](/usc/42/5173.md), or [5192](/usc/42/5192.md) of this title, including such assistance provided pursuant to the procedures provided for in [section 5189 of this title](/usc/42/5189.md), which has the effect of restoring a facility substantially to its condition prior to the [disaster](/usc/42/5204.md?p=2) or [emergency](/usc/42/5122.md?p=1), 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](/usc/42/4321.md) 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.)

## Notes

### 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.