From
the U.S. Code Online via GPO Access
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[Laws in effect as of January 6, 1999]
[Document not affected by Public Laws enacted between
January 6, 1999 and October 26, 2000]
[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. 288. Environmental review
- 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--
- for the monitoring of the environmental reviews performed
under this section;
- in the discretion of the Secretary, to facilitate training
for the performance of such reviews; and
- 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.
- 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.
\1\ So in original. Probably should be followed by a comma.
- Certification
A
certification under the procedures authorized by this section
shall--
- be in a form acceptable to the Secretary,
- be executed by the chief executive officer or other officer
of the recipient of assistance under this subchapter qualified
under regulations of the Secretary,
- specify that the recipient of assistance under this subchapter
has fully carried out its responsibilities as described
under subsection (a) of this section, and
- specify that the certifying officer
- 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
- 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.
-
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.
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