
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: 42USC3547]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 44--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
Sec. 3547. Special projects


(1) In general

                        (A) 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 
    for special projects appropriated under an appropriations Act for 
    the Department of Housing and Urban Development, such as special 
    projects under the head ``Annual Contributions for Assisted 
    Housing'' in title II of the Departments of Veterans Affairs and 
    Housing and Urban Development, and Independent Agencies 
    Appropriations Act, 1993, and to assure to the public undiminished 
    protection of the environment, the Secretary of Housing and Urban 
    Development may, under such regulations, in lieu of the 
    environmental protection procedures otherwise applicable, provide 
    for the release of funds for particular special projects upon the 
    request of recipients of special projects assistance, 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 specify, that would otherwise apply to the Secretary were 
    the Secretary to undertake such special projects as Federal 
    projects.

                         (B) Implementation

        The Secretary shall issue regulations to carry out this section 
    only after consultation with the Council on Environmental Quality. 
    Such regulations shall--
            (i) provide for monitoring of the performance of 
        environmental reviews under this section;
            (ii) in the discretion of the Secretary, provide for the 
        provision or facilitation of training for such performance; and
            (iii) subject to the discretion of the Secretary, provide 
        for suspension or termination by the Secretary of the assumption 
        under subparagraph (A).

       (C) Responsibilities of State or unit of general local 
                                 government

        The Secretary's duty under subparagraph (B) shall not be 
    construed to limit any responsibility assumed by a State or unit of 
    general local government with respect to any particular release of 
    funds under subparagraph (A).

(2) Procedure

    The Secretary shall approve the release of funds for projects 
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 recipient submits 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 paragraph (3). 
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 releases of funds for special 
projects to be carried out pursuant thereto which are covered by such 
certification.

(3) Certification

    A certification under the procedures authorized by this section 
shall--
        (A) be in a form acceptable to the Secretary;
        (B) 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;
        (C) specify that the State or unit of general local government 
    under this section has fully carried out its responsibilities as 
    described under paragraph (1); and
        (D) specify that the certifying officer--
            (i) 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 
        paragraph (1); and
            (ii) 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 the responsibilities as such an official.

(4) Approval by States

    In cases in which a unit of general local government carries out the 
responsibilities described in paragraph (1), the Secretary may permit 
the State to perform those actions of the Secretary described in 
paragraph (2) 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 paragraph (2).

(Pub. L. 103-233, title III, Sec. 305(c), Apr. 11, 1994, 108 Stat. 372.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in pars. 
(1)(A), (2), and (3)(D)(i), 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.
    The Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1993, referred 
to in par. (1)(A), is Pub. L. 102-389, Oct. 6, 1992, 106 Stat. 1571. 
Provisions under the head ``Annual Contributions for Assisted Housing'' 
in title II of the Act appear at 106 Stat. 1582 and are not classified 
to the Code. For complete classification of this Act to the Code, see 
Tables.

                          Codification

    Section was enacted as part of the Multifamily Housing Property 
Disposition Reform Act of 1994, and not as part of the Department of 
Housing and Urban Development Act which comprises this chapter.
