Sec. 304. State or tribal programs
311 words·~1 min read·
/bill/114/hr/3843/ih/section-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A State or Indian tribe may issue a permit under this title if the State or Indian tribe has in effect a Good Samaritan permit program approved by the Administrator under this section. The Governor of any State or the head of an Indian tribe’s governing body may submit to the Administrator an application to carry out a Good Samaritan permit program within its jurisdiction at any time. An application under this section shall include— a full and complete description of the Good Samaritan permit program it proposes to administer under State or tribal law; and a statement from the State Attorney General, or, for an Indian tribe, the equivalent official authorized to represent the tribe in court pertaining to the application, that the laws of the State or Indian tribe provide sufficient legal authority to carry out the described program.
Not later than 120 days after receiving an application submitted under this subsection, the Administrator shall approve the Good Samaritan permit program unless the Administrator determines that the requirements of this section are not met. To meet the requirements of this section, a State or Indian tribe shall— designate a lead agency that is responsible for carrying out permitting responsibilities under this section; and have in effect laws providing sufficient legal authority to carry out a Good Samaritan permit program in accordance with this title.
Upon approval of a State or tribal Good Samaritan permit program under this section, the Administrator shall transfer all authority to issue permits under this title for the State or relevant area of Indian country to the lead agency designated under subsection (c)(1). A State or tribal Good Samaritan permit program approved under this section shall be administered in accordance with this title, except that nothing in this title precludes a State or Indian tribe from imposing more stringent requirements on permit applicants or permittees.