25 U.S.C. § 4226: Environmental review

Summary

The Secretary can let the Department of Hawaiian Home Lands (DHHL) take over the environmental reviews, decisions, and actions for specific projects paid for with grant money. To do that, the DHHL Director must send a written request and a certification at least 15 days before the Secretary approves or commits funds. The certification must be in a form the Secretary accepts, signed by the Director, say that DHHL has done the needed work, and say the Director agrees to act as the responsible federal official under NEPA and any other laws the Secretary’s rules list. The Director also must accept the authority of Federal courts to enforce those responsibilities. The Secretary must make rules for this process after talking with the Council on Environmental Quality. The rules must include monitoring of DHHL reviews, may include training, and must allow the Secretary to suspend or stop DHHL’s assumed responsibilities. If the Secretary approves a certification, that approval counts as the Secretary’s NEPA-related action for those projects. The Secretary’s monitoring or rules do not reduce DHHL’s responsibilities for the projects covered.

Title 25, §4226

Indians, Source: USLM XML via OLRC

(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).

(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); 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); 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.

Notes & Related Subsidiaries

Editorial Notes

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, 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. Codification Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical section 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, § 513.

§4226 Environmental Review