
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7474]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
     Part C--Prevention of Significant Deterioration of Air Quality
 
                          subpart i--clean air
 
Sec. 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--
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    \1\ So in original. Probably should be ``paragraphs''.
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        (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.
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    \2\ So in original. Probably should be ``with''.
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(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.

(July 14, 1955, ch. 360, title I, Sec. 164, as added Pub. L. 95-95, 
title I, Sec. 127(a), Aug. 7, 1977, 91 Stat. 733; amended Pub. L. 95-
190, Sec. 14(a)(42), (43), Nov. 16, 1977, 91 Stat. 1402; Pub. L. 101-
549, title I, Sec. 108(n), Nov. 15, 1990, 104 Stat. 2469.)


                               Amendments

    1990--Subsec. (a). Pub. L. 101-549, which directed the insertion of 
``The extent of the areas referred to in paragraph (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.'' before ``Any area (other than an area referred to 
in paragraph (1) or (2))'', was executed by making the insertion before 
``Any area (other than an area referred to in paragraph (1) or (2)'', to 
reflect the probable intent of Congress.
    1977--Subsec. (b)(2). Pub. L. 95-190, Sec. 14(a)(42), inserted ``or 
is inconsistent with the requirements of section 7472(a) of this title 
or of subsection (a) of this section'' after ``this section''.
    Subsec. (e). Pub. L. 95-190, Sec. 14(a)(43), inserted ``an'' after 
``If any State affected by the redesignation of''.

                  Section Referred to in Other Sections

    This section is referred to in sections 7472, 7478 of this title.
