PRIA, Government Policy, Made Personal

Summary

HUD can release money for certain special housing projects when a State, federally recognized Tribe, or local government agrees to do the environmental reviews and decisions that HUD would normally do. HUD must write rules for how this works after talking with the Council on Environmental Quality. Those rules will include checks to monitor reviews, may include training, and may let HUD stop the arrangement if needed. To get the money, the project recipient must ask HUD at least 15 days before approval and give a certification that meets HUD’s rules. The certification must be in an acceptable form, signed by the chief executive or another authorized official, say the government has carried out the required environmental work, and say the official agrees to take on the legal role and court responsibility of a federal official under the National Environmental Policy Act and other laws HUD names. If a local government is doing the work, HUD can let the State act in HUD’s place for the required approvals. "Indian Tribe" means a federally recognized tribe as defined in 25 U.S.C. 4103(13)(B).

Title 42, §3547

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

(1)In general

(A)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 for special projects appropriated under an appropriations Act for the Department of Housing and Urban Development, such as special projects under the head “Annual Contributions for Assisted Housing” in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, and to assure to the public undiminished protection of the environment, the Secretary of Housing and Urban Development may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for particular special projects upon the request of recipients of special projects assistance, if the State, Indian Tribe, 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 specify, that would otherwise apply to the Secretary were the Secretary to undertake such special projects as Federal projects.

(B)Implementation

The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality. Such regulations shall—

(i)provide for monitoring of the performance of environmental reviews under this section;

(ii)in the discretion of the Secretary, provide for the provision or facilitation of training for such performance; and

(iii)subject to the discretion of the Secretary, provide for suspension or termination by the Secretary of the assumption under subparagraph (A).

(C)Responsibilities of State, Indian Tribe, or unit of general local government

The Secretary’s duty under subparagraph (B) shall not be construed to limit any responsibility assumed by a State, Indian Tribe, or unit of general local government with respect to any particular release of funds under subparagraph (A).

(2)Procedure

The Secretary shall approve the release of funds for projects 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 recipient submits to the Secretary a request for such release, accompanied by a certification of the State, Indian Tribe, or unit of general local government which meets the requirements of paragraph (3). 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 releases of funds for special projects to be carried out pursuant thereto which are covered by such certification.

(3)Certification

A certification under the procedures authorized by this section shall—

(A)be in a form acceptable to the Secretary;

(B)be executed by the chief executive officer or other officer of the State, Indian Tribe, or unit of general local government who qualifies under regulations of the Secretary;

(C)specify that the State, Indian Tribe, or unit of general local government under this section has fully carried out its responsibilities as described under paragraph (1); and

(D)specify that the certifying officer—

(i)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 paragraph (1); and

(ii)is authorized and consents on behalf of the State, Indian Tribe, or unit of general local government and himself or herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities as such an official.

(4)Approval by States

In cases in which a unit of general local government carries out the responsibilities described in paragraph (1), the Secretary may permit the State to perform those actions of the Secretary described in paragraph (2) 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 paragraph (2).

(5)Definition of Indian Tribe

For purposes of this section, the term “Indian Tribe” means a federally recognized tribe, as defined in section 4103(13)(B) of title 25.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in pars. (1)(A), (2), and (3)(D)(i), 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. The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, referred to in par. (1)(A), is Pub. L. 102–389, Oct. 6, 1992, 106 Stat. 1571. Provisions under the head “Annual Contributions for Assisted Housing” in title II of the Act appear at 106 Stat. 1582 and are not classified to the Code. For complete classification of this Act to the Code, see Tables. Codification Section was enacted as part of the Multifamily Housing Property Disposition Reform Act of 1994, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.

Amendments

2026—Pub. L. 119–101, § 205(b)(1), substituted “State, Indian Tribe, or unit of general local government” for “State or unit of general local government” wherever appearing. Par. (1)(C). Pub. L. 119–101, § 205(b)(2), substituted “State, Indian tribe, or unit of general local government” for “State or unit of general local government” in heading. Par. (5). Pub. L. 119–101, § 205(b)(3), added par. (5).

§3547 Special Projects