42 U.S.C. § 4370m–5 — Delegated State permitting programs
submitted 11 years ago by Pub. L. 114-94 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 167 words · no verdicts yet
When a Federal law allows a State to run a permit program instead of a Federal agency, the agency must evaluate Council best practices and make model State-program recommendations. Agencies may share best practices with State, Tribal, and local authorities.
(a) State* programs. When Federal law allows a Federal agency* to delegate or authorize a State to administer a replacement permit program, the responsible agency must, after the Council* publishes best practices*, begin a public national process to decide whether and how those practices generally apply across delegations or authorizations. Within two years after December 4, 2015, it must make appropriate model recommendations for State changes reflecting those practices.
(b) Best practices. Lead and cooperating agencies may share covered-project* review best practices with State, Tribal, and local authorities and invite their input.
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—
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
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.
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.
Source credit: (Pub. L. 114–94, div. D, title XLI, § 41006, Dec. 4, 2015, 129 Stat. 1758.)
- 2015Enacted · Pub. L. 114-94 · 129 Stat. 1758
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-94 on 2015-12-04.
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