25 U.S.C. § 4115: Environmental review

Summary

Lets tribes take over environmental reviews for certain grant-funded projects and lets the Secretary release grant money to those tribes if they agree to do the environmental reviews, decisions, and actions that a federal official would do. The Secretary must make rules after talking with the Council on Environmental Quality. The rules must include ways to monitor the tribe’s reviews, may include training, and must allow the Secretary to suspend or end the tribe’s assumed duties. Monitoring by the Secretary does not reduce what the tribe promised to do. Before money is approved, a tribe must send a request and a certification at least 15 days earlier and before any funds are committed. If the Secretary accepts the certification, the Secretary’s duties under the National Environmental Policy Act (NEPA) and related laws are treated as fulfilled for those projects. The certification must be in an acceptable form, signed by the tribe’s chief executive or another qualified tribal officer, say the tribe carried out its responsibilities, and state that the signing officer agrees to act like a federal official under NEPA and accepts federal court oversight for enforcing that role. The Secretary can waive these rules if the failure to follow them won’t frustrate NEPA goals, won’t threaten community health or safety, was an inadvertent error (including a wrong or incomplete certification), and can be fixed by the tribe alone.

Title 25, §4115

Indians, Source: USLM XML via OLRC

(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). 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); 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); 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)

(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); and

(4)may be corrected through the sole action of the recipient.

Notes & Related Subsidiaries

Editorial Notes

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 (§ 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. This chapter, referred to in subsecs. (a)(1) and (c)(2), was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see

Short Title

note set out under section 4101 of this title and Tables.

Amendments

2000—Subsec. (d). Pub. L. 106–568 and Pub. L. 106–569 amended section identically, adding subsec. (d).

Statutory Notes and Related Subsidiaries

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.

§4115 Environmental Review

Summary

Title 25, §4115

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata