42 U.S.C. § 1437x: Environmental reviews

Summary

Lets the Secretary of Housing and Urban Development allow a State or local government to take over the environmental reviews and related duties for projects funded under this part. If the State or local government agrees to do the reviews required by the National Environmental Policy Act (NEPA) and any other laws named in HUD’s rules, the Secretary can release the funds for those projects instead of doing the reviews himself. The Secretary must write rules to do this after talking with the Council on Environmental Quality, and the rules must say which programs are covered. A public housing agency must ask for the fund release and send HUD a certification at least 15 days before approval and before any funds are committed. The certification must be in a HUD-acceptable form, signed by a qualifying State or local official, say the State or local government has done the required work, and say the official agrees to act as the responsible federal official under NEPA and accept Federal court jurisdiction to enforce those duties. If a local government does the work, the Secretary may let the State carry out HUD’s approval steps.

Title 42, §1437x

The Public Health and Welfare, Source: USLM XML via OLRC

(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). 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); 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); 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), the Secretary may permit the State to perform those actions of the Secretary described in subsection (b) 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).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b), 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 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—Subsecs. (a)(1), (b). Pub. L. 104–330 struck out “(including an Indian housing authority)” after “public housing agency”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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.

§1437x Environmental Reviews

Summary

Title 42, §1437x

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata