How are emergency situations handled under WSRA Section 7(a)?
In emergency situations where federal assistance is involved in a project subject to Section 7(a), the time frame usually allows only for notification. The federal assisting agency will then follow-up with the river-administering agency for project review after the fact. In other emergency situations, federal assistance may not be triggered during the event and, therefore, Section 7 would not apply. For example, under ACOE rules at 33 CFR 323.4(a)(2) emergency maintenance of recently damaged infrastructure when there would be no modification changing the character, scope or size of the original fill design is exempt from Section 404 of the Clean Water Act and would not require a permit.
