§ 4115. — Environmental review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
