Public Law 119-102 (07/12/2026)

42 U.S.C. § 4370m–5

Delegated State permitting programs

Section text and notes

(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)
section 4370m–1(c)(2)(B) of this title on publication by the Council of best practices under , 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)
section 4370m–1(c)(2)(B) of this title not later than 2 years after , make model recommendations for State modifications of the applicable permit program to reflect the best practices described in , 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.

Pub. L. 114–94, div. D, title XLI, § 41006129 Stat. 1758 (, , .)

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.