
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12838]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 130--NATIONAL AFFORDABLE HOUSING
 
             SUBCHAPTER II--INVESTMENT IN AFFORDABLE HOUSING
 
                       Part F--General Provisions
 
Sec. 12838. Environmental review


(a) In general

    In order to assure that the policies of the National Environmental 
Policy Act of 1969 [42 U.S.C. 4321 et seq.] and other provisions of law 
which further the purposes of such Act (as specified in regulations 
issued by the Secretary) are most effectively implemented in connection 
with the expenditure of funds under this subchapter, and to assure to 
the public undiminished protection of the environment, the Secretary, in 
lieu of the environmental protection procedures otherwise applicable, 
may under regulations provide for the release of funds for particular 
projects to jurisdictions or insular areas under this subchapter who 
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 he to undertake such projects as 
Federal projects. The Secretary shall issue regulations to carry out 
this section only after consultation with the Council on Environmental 
Quality. The regulations shall provide--
        (1) for the monitoring of the environmental reviews performed 
    under this section;
        (2) in the discretion of the Secretary, to facilitate training 
    for the performance of such reviews; and
        (3) for the suspension or termination of the assumption under 
    this section.

The Secretary's duty under the preceding sentence shall not be construed 
to limit or reduce any responsibility assumed by a State or unit of 
general local government 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, at least 15 days prior to 
such approval and prior to any commitment of funds to such projects \1\ 
the jurisdiction or insular area has submitted to the Secretary a 
request for such release accompanied by a certification which meets the 
requirements of subsection (c) of this section. The Secretary's approval 
of any such certification shall be deemed to satisfy his 
responsibilities 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 which 
are covered by such certification.
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    \1\ So in original. Probably should be followed by a comma.
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(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 recipient of assistance under this subchapter qualified under 
    regulations of the Secretary,
        (3) specify that the recipient of assistance under this 
    subchapter 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 other such provision of law 
    apply pursuant to subsection (a) of this section, and (B) is 
    authorized and consents on behalf of the jurisdiction or insular 
    area and himself to accept the jurisdiction of the Federal courts 
    for the purpose of enforcement of his responsibilities as such an 
    official.

(d) Assistance to units of general local government from a State

    In the case of assistance to units of general local government from 
a State, the State shall perform those actions of the Secretary 
described in subsection (b) of this section and the performance of such 
actions shall be deemed to satisfy the Secretary's responsibilities 
referred to in the second sentence of such subsection.

(Pub. L. 101-625, title II, Sec. 288, Nov. 28, 1990, 104 Stat. 4127; 
Pub. L. 103-233, title II, Sec. 206, Apr. 11, 1994, 108 Stat. 365; Pub. 
L. 104-330, title V, Sec. 505(a)(2), Oct. 26, 1996, 110 Stat. 4044.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsecs. (a), (b), and (c)(4), 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 this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 4321 of this title and 
Tables.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-330, Sec. 505(a)(2)(A), struck out 
``, Indian tribes,'' after ``projects to jurisdictions'' in introductory 
provisions.
    Subsecs. (b), (c)(4). Pub. L. 104-330, Sec. 505(a)(2)(B), (C), 
struck out ``, Indian tribe,'' after ``the jurisdiction''.
    1994--Subsec. (a). Pub. L. 103-233, Sec. 206(1), substituted 
``jurisdictions, Indian tribes, or insular areas'' for ``participating 
jurisdictions'' and inserted before period at end ``The regulations 
shall provide--
        ``(1) for the monitoring of the environmental reviews performed 
    under this section;
        ``(2) in the discretion of the Secretary, to facilitate training 
    for the performance of such reviews; and
        ``(3) for the suspension or termination of the assumption under 
    this section.
The Secretary's duty under the preceding sentence shall not be construed 
to limit or reduce any responsibility assumed by a State or unit of 
general local government with respect to any particular release of 
funds.''
    Subsec. (b). Pub. L. 103-233, Sec. 206(2), substituted 
``jurisdiction, Indian tribe, or insular area'' for ``participating 
jurisdiction''.
    Subsec. (c)(4)(B). Pub. L. 103-233, Sec. 206(3), substituted 
``jurisdiction, Indian tribe, or insular area'' for ``participating 
jurisdiction''.
    Subsec. (d). Pub. L. 103-233, Sec. 206(4), substituted ``Assistance 
to units of general local government from a State'' for ``Assistance to 
a State'' in heading and ``In the case of assistance to units of general 
local government from a State'' for ``In the case of assistance to 
States'' in text.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as 
otherwise expressly provided, see section 107 of Pub. L. 104-330, set 
out as an Effective Date note under section 4101 of Title 25, Indians.
    Amendment by Pub. L. 104-330 applicable with respect to amounts made 
available for assistance under this subchapter for fiscal year 1998 and 
fiscal years thereafter, see section 505(b) of Pub. L. 104-330, set out 
as a note under section 12747 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-233 applicable with respect to any amounts 
made available to carry out this subchapter after Apr. 11, 1994, and any 
amounts made available to carry out this subchapter before that date 
that remain uncommitted on that date, with Secretary to issue any 
regulations necessary to carry out such amendment not later than end of 
45-day period beginning on that date, see section 209 of Pub. L. 103-
233, set out as a note under section 5301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 4852 of this title.
