Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
48 lines
2.4 KiB
Markdown
48 lines
2.4 KiB
Markdown
---
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type: "LegalText"
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title: "42 U.S.C. § 4370m–5"
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description: "Delegated State permitting programs"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 42
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title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_number: "55"
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chapter_name: "NATIONAL ENVIRONMENTAL POLICY"
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section: "4370m–5"
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citation: "42 U.S.C. § 4370m–5"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
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source_identifier: "/us/usc/t42/s4370m–5"
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source_file: "data/legal/raw/us/code/title-42/usc42.xml"
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source_hash: "7e43306a644d7d287f6b624e8fa5cf0982e96fe1e76ee4e729a98b918f1eb680"
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raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
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text_hash: "1db730c28011605dcab9d587baf10f404b2bc60d9b98049f5f970a3a6d8620e4"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 42 U.S.C. § 4370m–5 - Delegated State permitting programs
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## Text
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(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—
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(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
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(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.
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(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.
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(Pub. L. 114–94, div. D, title XLI, § 41006, Dec. 4, 2015, 129 Stat. 1758.)
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## Notes
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Editorial Notes
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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.
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