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U.S. Code as of:
01/19/04
Section 7474. Area redesignation
(a) Authority of States to redesignate areas
Except as otherwise provided under subsection (c) of this
section, a State may redesignate such areas as it deems appropriate
as class I areas. The following areas may be redesignated only as
class I or II:
(1) an area which exceeds ten thousand acres in size and is a
national monument, a national primitive area, a national
preserve, a national recreation area, a national wild and scenic
river, a national wildlife refuge, a national lakeshore or
seashore, and
(2) a national park or national wilderness area established
after August 7, 1977, which exceeds ten thousand acres in size.
The extent of the areas referred to in paragraph )1(! (1) and (2)
shall conform to any changes in the boundaries of such areas which
have occurred subsequent to August 7, 1977, or which may occur
subsequent to November 15, 1990. Any area (other than an area
referred to in paragraph (1) or (2) or an area established as class
I under the first sentence of section 7472(a) of this title) may be
redesignated by the State as class III if -
(A) such redesignation has been specifically approved by the
Governor of the State, after consultation with the appropriate
Committees of the legislature if it is in session or with the
leadership of the legislature if it is not in session (unless
State law provides that such redesignation must be specifically
approved by State legislation) and if general purpose units of
local government representing a majority of the residents of the
area so redesignated enact legislation (including for such units
of local government resolutions where appropriate) concurring in
the State's redesignation;
(B) such redesignation will not cause, or contribute to,
concentrations of any air pollutant which exceed any maximum
allowable increase or maximum allowable concentration permitted
under the classification of any other area; and
(C) such redesignation otherwise meets the requirements of this
part.
Subparagraph (A) of this paragraph shall not apply to area
redesignations by Indian tribes.
(b) Notice and hearing; notice to Federal land manager; written
comments and recommendations; regulations; disapproval of
redesignation
(1)(A) Prior to redesignation of any area under this part, notice
shall be afforded and public hearings shall be conducted in areas
proposed to be redesignated and in areas which may be affected by
the proposed redesignation. Prior to any such public hearing a
satisfactory description and analysis of the health, environmental,
economic, social, and energy effects of the proposed redesignation
shall be prepared and made available for public inspection and
prior to any such redesignation, the description and analysis of
such effects shall be reviewed and examined by the redesignating
authorities.
(B) Prior to the issuance of notice under subparagraph (A)
respecting the redesignation of any area under this subsection, if
such area includes any Federal lands, the State shall provide
written notice to the appropriate Federal land manager and afford
adequate opportunity (but not in excess of 60 days) to confer with
the State respecting the intended notice of redesignation and to
submit written comments and recommendations with respect to such
intended notice of redesignation. In redesignating any area under
this section with respect to which any Federal land manager has
submitted written comments and recommendations, the State shall
publish a list of any inconsistency between such redesignation and
such recommendations and an explanation of such inconsistency
(together with the reasons for making such redesignation against
the recommendation of the Federal land manager).
(C) The Administrator shall promulgate regulations not later than
six months after August 7, 1977, to assure, insofar as practicable,
that prior to any public hearing on redesignation of any area,
there shall be available for public inspection any specific plans
for any new or modified major emitting facility which may be
permitted to be constructed and operated only if the area in
question is designated or redesignated as class III.
(2) The Administrator may disapprove the redesignation of any
area only if he finds, after notice and opportunity for public
hearing, that such redesignation does not meet the procedural
requirements of this section or is inconsistent with the
requirements of section 7472(a) of this title or of subsection (a)
of this section. If any such disapproval occurs, the classification
of the area shall be that which was in effect prior to the
redesignation which was disapproved.
(c) Indian reservations
Lands within the exterior boundaries of reservations of federally
recognized Indian tribes may be redesignated only by the
appropriate Indian governing body. Such Indian governing body shall
be subject in all respect to the provisions of subsection (e) of
this section.
(d) Review of national monuments, primitive areas, and national
preserves
The Federal Land Manager shall review all national monuments,
primitive areas, and national preserves, and shall recommend any
appropriate areas for redesignation as class I where air quality
related values are important attributes of the area. The Federal
Land Manager shall report such recommendations, within )2(!
supporting analysis, to the Congress and the affected States within
one year after August 7, 1977. The Federal Land Manager shall
consult with the appropriate States before making such
recommendations.
(e) Resolution of disputes between State and Indian tribes
If any State affected by the redesignation of an area by an
Indian tribe or any Indian tribe affected by the redesignation of
an area by a State disagrees with such redesignation of any area,
or if a permit is proposed to be issued for any new major emitting
facility proposed for construction in any State which the Governor
of an affected State or governing body of an affected Indian tribe
determines will cause or contribute to a cumulative change in air
quality in excess of that allowed in this part within the affected
State or tribal reservation, the Governor or Indian ruling body may
request the Administrator to enter into negotiations with the
parties involved to resolve such dispute. If requested by any State
or Indian tribe involved, the Administrator shall make a
recommendation to resolve the dispute and protect the air quality
related values of the lands involved. If the parties involved do
not reach agreement, the Administrator shall resolve the dispute
and his determination, or the results of agreements reached through
other means, shall become part of the applicable plan and shall be
enforceable as part of such plan. In resolving such disputes
relating to area redesignation, the Administrator shall consider
the extent to which the lands involved are of sufficient size to
allow effective air quality management or have air quality related
values of such an area.
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