§ 4226. — 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: 25USC4226]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
Sec. 4226. Environmental review
(a) In general
(1) Release of funds
(A) In general
The Secretary may carry out the alternative environmental
protection procedures described in subparagraph (B) in order to
ensure--
(i) 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 subchapter; and
(ii) to the public undiminished protection of the
environment.
(B) Alternative environmental protection procedure
In lieu of applying environmental protection procedures
otherwise applicable, the Secretary may by regulation provide
for the release of funds for specific projects to the Department
of Hawaiian Home Lands if the Director of the Department assumes
all of the responsibilities for environmental review,
decisionmaking, and action 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,
that would apply to the Secretary were the Secretary to
undertake those 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 the
Department of Hawaiian Home Lands for grant amounts with respect to
any specific release of funds.
(b) Procedure
(1) In general
The Secretary shall authorize the release of funds subject to
the procedures under this section only if, not less than 15 days
before that approval and before any commitment of funds to such
projects, the Director of the Department of Hawaiian Home Lands
submits to the Secretary a request for such release accompanied by a
certification that meets the requirements of subsection (c) of this
section.
(2) Effect of approval
The approval of the Secretary of a certification described in
paragraph (1) 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 to the extent that those
responsibilities relate to the releases of funds for projects that
are covered by that certification.
(c) Certification
A certification under the procedures under this section shall--
(1) be in a form acceptable to the Secretary;
(2) be executed by the Director of the Department of Hawaiian
Home Lands;
(3) specify that the Department of Hawaiian Home Lands has fully
carried out its responsibilities as described under subsection (a)
of this section; and
(4) specify that the Director--
(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 to the extent that those
laws apply by reason of subsection (a) of this section; and
(B) is authorized and consents on behalf of the Department
of Hawaiian Home Lands and the Director to accept the
jurisdiction of the Federal courts for the purpose of
enforcement of the responsibilities of the Director of the
Department of Hawaiian Home Lands as such an official.
(Pub. L. 104-330, title VIII, Sec. 806, as added Pub. L. 106-568, title
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106-569, title
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2977.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsecs. (a)(1), (b)(2), 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 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.
Codification
Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
substantially identical sections 806 of Pub. L. 104-330. This section is
based on the text of section 806 of Pub. L. 104-330, as added by Pub. L.
106-569, Sec. 513.
