---
kind: "section"
citation: "42 U.S.C. § 4370m–9"
title: "42"
title_heading: "The Public Health and Welfare"
number: "4370m–9"
heading: "Application"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/4370m-9"
units:
  - "Chapter 55 — National Environmental Policy"
  - "Subchapter IV — Federal Permitting Improvement"
---

# §4370m–9. Application


This subchapter applies to any [covered project](/usc/42/4370m.md?p=6-A) for which—

- (1) a notice is filed under [section 4370m–2(a)(1) of this title](/usc/42/4370m–2.md?p=a-1); or
- (2) an application or other request for a Federal [authorization](/usc/42/4370m.md?p=3) is pending before a Federal [agency](/usc/42/4370m.md?p=1) 90 days after December 4, 2015.

## Source credit

(Pub. L. 114–94, div. D, title XLI, § 41010, Dec. 4, 2015, 129 Stat. 1761.)

## Notes

### 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.