42 U.S.C. § 4370m–9. Application

This subchapter applies to any covered project for which—

1. (1)
   (1)a notice is filed under section 4370m–2(a)(1) of this title; or
2. (2)
   (2)an application or other request for a Federal authorization is pending before a Federal agency 90 days after December 4, 2015.