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Title 42, The Public Health and WelfareRelease 119-110

§4370m–5 Delegated State Permitting Programs

Title 42 › CHAPTER 55 — NATIONAL ENVIRONMENTAL POLICY › SUBCHAPTER IV — FEDERAL PERMITTING IMPROVEMENT › § 4370m–5

Last updated Sep 22, 2026|Official source

Summary

When a federal law lets a federal agency let a State run a permit program instead of the federal agency, the federal agency must start a nationwide, public process once the Council publishes best practices. The agency must decide if and how those best practices should apply across all state-run permits. The agency must also, within 2 years after December 4, 2015, make model suggestions for how States can change their permit programs to follow those best practices. Lead and cooperating federal agencies can share the best practices with State, tribal, and local governments and ask them for feedback when reviewing covered projects.

Full Legal Text

Title 42, §4370m–5

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

(a)In general
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)Best practices
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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 4370m–5

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110