42 U.S.C. § 1437x : US Code - Section 1437X: Environmental reviews

Search 42 U.S.C. § 1437x : US Code - Section 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.