
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: 42USC1437x]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                      CHAPTER 8--LOW-INCOME HOUSING
 
            SUBCHAPTER I--GENERAL PROGRAM OF ASSISTED HOUSING
 
Sec. 1437x. Environmental reviews


(a) In general

                        (1) Release of funds

        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 may, under such 
    regulations, in lieu of the environmental protection procedures 
    otherwise applicable, provide for the release of funds for projects 
    or activities under this subchapter, as specified by the Secretary 
    upon the request of a public housing agency under this section, if 
    the State or unit of general local government, as designated by the 
    Secretary in accordance with regulations, assumes 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 may specify, which would otherwise 
    apply to the Secretary with respect to the release of funds.

                         (2) Implementation

        The Secretary, after consultation with the Council on 
    Environmental Quality, shall issue such regulations as may be 
    necessary to carry out this section. Such regulations shall specify 
    the programs to be covered.

(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 or activities, the public housing agency has submitted to the 
Secretary a request for such release accompanied by a certification of 
the State or unit of general local government which meets the 
requirements of subsection (c) of this section. The Secretary's approval 
of any such certification shall be deemed to satisfy the Secretary's 
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 
release of funds which 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 State or unit of general local government who qualifies under 
    regulations of the Secretary;
        (3) specify that the State or unit of general local government 
    under this section 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 State or 
        unit of general local government and himself or herself to 
        accept the jurisdiction of the Federal courts for the purpose of 
        enforcement of his or her responsibilities as such an official.

(d) Approval by States

    In cases in which a unit of general local government carries out the 
responsibilities described in subsection (c) of this section, the 
Secretary may permit the State to perform those actions of the Secretary 
described in subsection (b) of this section and the performance of such 
actions by the State, where permitted by the Secretary, shall be deemed 
to satisfy the Secretary's responsibilities referred to in the second 
sentence of subsection (b) of this section.

(Sept. 1, 1937, ch. 896, title I, Sec. 26, as added Pub. L. 103-233, 
title III, Sec. 305(b), Apr. 11, 1994, 108 Stat. 371; amended Pub. L. 
104-330, title V, Sec. 501(b)(11), Oct. 26, 1996, 110 Stat. 4042.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsecs. (a)(1), (b), and (c)(4)(A), 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--Subsecs. (a)(1), (b). Pub. L. 104-330 struck out ``(including 
an Indian housing authority)'' after ``public housing agency''.


                    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.
