
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC4115]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
            SUBCHAPTER I--BLOCK GRANTS AND GRANT REQUIREMENTS
 
Sec. 4115. Environmental review


(a) In general

                        (1) Release of funds

        In order to ensure that the policies of the National 
    Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and other 
    provisions of law that further the purposes of such Act (as 
    specified in regulations issued by the Secretary) are most 
    effectively implemented in connection with the expenditure of grant 
    amounts provided under this chapter, and to ensure to the public 
    undiminished protection of the environment, the Secretary, in lieu 
    of the environmental protection procedures otherwise applicable, may 
    by regulation provide for the release of amounts for particular 
    projects to tribes which assume all of the responsibilities for 
    environmental review, decisionmaking, and action pursuant to such 
    Act, and such other provisions of law as the regulations of the 
    Secretary specify, that would apply to the Secretary were the 
    Secretary to undertake such projects as Federal projects.

                           (2) Regulations

        (A) In general

            The Secretary shall issue regulations to carry out this 
        section only after consultation with the Council on 
        Environmental Quality.

        (B) Contents

            The regulations issued under this paragraph shall--
                (i) provide for the monitoring of the environmental 
            reviews performed under this section;
                (ii) in the discretion of the Secretary, facilitate 
            training for the performance of such reviews; and
                (iii) provide for the suspension or termination of the 
            assumption of responsibilities under this section.

                (3) Effect on assumed responsibility

        The duty of the Secretary under paragraph (2)(B) shall not be 
    construed to limit or reduce any responsibility assumed by a 
    recipient of grant amounts with respect to any particular release of 
    funds.

(b) Procedure

    The Secretary shall approve the release of funds subject to the 
procedures authorized by this section only if, not less than 15 days 
prior to such approval and prior to any commitment of funds to such 
projects, the tribe has submitted to the Secretary a request for such 
release accompanied by a certification that meets the requirements of 
subsection (c) of this section. The approval of the Secretary of any 
such certification shall be deemed to satisfy the responsibilities of 
the Secretary under the National Environmental Policy Act of 1969 [42 
U.S.C. 4321 et seq.] and such other provisions of law as the regulations 
of the Secretary specify insofar as those responsibilities relate to the 
releases of funds for projects to be carried out pursuant thereto that 
are covered by such certification.

(c) Certification

    A certification under the procedures authorized by this section 
shall--
        (1) be in a form acceptable to the Secretary;
        (2) be executed by the chief executive officer or other officer 
    of the tribe under this chapter qualified under regulations of the 
    Secretary;
        (3) specify that the tribe has fully carried out its 
    responsibilities as described under subsection (a) of this section; 
    and
        (4) specify that the certifying officer--
            (A) consents to assume the status of a responsible Federal 
        official under the National Environmental Policy Act of 1969 [42 
        U.S.C. 4321 et seq.] and each provision of law specified in 
        regulations issued by the Secretary insofar as the provisions of 
        such Act or such other provisions of law apply pursuant to 
        subsection (a) of this section; and
            (B) is authorized and consents on behalf of the tribe and 
        such officer to accept the jurisdiction of the Federal courts 
        for the purpose of enforcement of the responsibilities of the 
        certifying officer as such an official.

(d) Environmental compliance

    The Secretary may waive the requirements under this section if the 
Secretary determines that a failure on the part of a recipient to comply 
with provisions of this section--
        (1) will not frustrate the goals of the National Environmental 
    Policy Act of 1969 [42 U.S.C. 4321 et seq.] or any other provision 
    of law that furthers the goals of that Act;
        (2) does not threaten the health or safety of the community 
    involved by posing an immediate or long-term hazard to residents of 
    that community;
        (3) is a result of inadvertent error, including an incorrect or 
    incomplete certification provided under subsection (c)(1) of this 
    section; and
        (4) may be corrected through the sole action of the recipient.

(Pub. L. 104-330, title I, Sec. 105, Oct. 26, 1996, 110 Stat. 4028; Pub. 
L. 106-568, title X, Sec. 1003(d), Dec. 27, 2000, 114 Stat. 2926; Pub. 
L. 106-569, title V, Sec. 503(d), Dec. 27, 2000, 114 Stat. 2962.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in text, 
is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is 
classified generally to chapter 55 (Sec. 4321 et seq.) of Title 42, The 
Public Health and Welfare. For complete classification of this Act to 
the Code, see Short Title note set out under section 4321 of Title 42 
and Tables.


                               Amendments

    2000--Subsec. (d). Pub. L. 106-568 and Pub. L. 106-569 amended 
section identically, adding subsec. (d).


                             Effective Date

    Section effective Oct. 1, 1997, except as otherwise expressly 
provided, see section 107 of Pub. L. 104-330, set out as a note under 
section 4101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 12 section 1715z-13a.
