§4370m–5 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal agencies that can let states run a permit program must, after the Council publishes best practices, start a national public process to decide if and how those best practices should apply across all state delegations or authorizations. They must, within 2 years after December 4, 2015, issue model recommendations for how states can change their permit programs to include the published best practices. Agencies that lead or help review covered projects may share these best practices with State, tribal, and local authorities and ask them for input.

Title 42, §4370m–5

The Public Health and Welfare — Source: USLM XML via OLRC

(a)If a Federal statute permits a Federal agency to delegate to or otherwise authorize a State to issue or otherwise administer a permit program in lieu of the Federal agency, the Federal agency with authority to carry out the statute shall—

(1)on publication by the Council of best practices under section 4370m–1(c)(2)(B) of this title, initiate a national process, with public participation, to determine whether and the extent to which any of the best practices are generally applicable on a delegation- or authorization-wide basis to permitting under the statute; and

(2)not later than 2 years after December 4, 2015, make model recommendations for State modifications of the applicable permit program to reflect the best practices described in section 4370m–1(c)(2)(B) of this title, as appropriate.

(b)Lead and cooperating agencies may share with State, tribal, and local authorities best practices involved in review of covered projects and invite input from State, tribal, and local authorities regarding best practices.

Editorial Notes

Codification Section was enacted as part of the Fixing America’s Surface Transportation Act, also known as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

§4370m–5 Delegated State permitting programs

Summary

Title 42, §4370m–5

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata