42 U.S.C. § 12838 — Environmental review

Page 8481 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12838 cept as provided in paragraph (b)(1), shall contract an- nually with an independent accounting firm to provide for a full financial audit of the records of the HOME In- vestment Partnerships program for each fiscal year. Funds available for departmental administration may be used to provide for such audits. Each audit shall be performed as soon as practicable after the close of the fiscal year and in accordance with generally accepted Government auditing standards approved by the Comp- troller General of the United States (hereinafter re- ferred to as the ‘Comptroller General’), and shall be consistent with the requirements of sections 9105 and 9106 of title 31. The Secretary shall promptly submit the report of the independent accounting firm to the Congress, consistent with the requirements of section 9106 of title 31, and such report shall be published. The requirement for an audit under this section shall be in lieu of the requirement for an audit by the Comptroller General under section 9105(a) of title 31.’’ Subsec. (b). Pub. L. 103–233, § 205(3), struck out head- ing ‘‘AUDITS BY THE COMPTROLLER GENERAL.—’’, redes- ignated subsec. (b)(2) as (b), and realigned margins. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Com- mittee on Banking and Financial Services of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Con- gress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Rep- resentatives, and jurisdiction over matters relating to securities and exchanges and insurance generally trans- ferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–233 applicable with re- spect to any amounts made available to carry out this subchapter after Apr. 11, 1994, and any amounts made available to carry out this subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period begin- ning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title. § 12834. Uniform recordkeeping and reports to Congress (a) Uniform requirements The Secretary shall develop and establish uni- form recordkeeping, performance reporting, and auditing requirements for use by participating jurisdictions. (b) Omitted (Pub. L. 101–625, title II, § 284, Nov. 28, 1990, 104 Stat. 4126.) Editorial Notes CODIFICATION Subsec. (b) of this section, which required the Sec- retary to make an annual report to Congress that sum- marizes and assesses the results of reports provided under this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 3rd item on page 102 of House Document No. 103–7. § 12835. Citizen participation The Secretary shall ensure that each partici- pating jurisdiction, and each jurisdiction seek- ing to become a participating jurisdiction, com- plies with the requirements of section 12707 of this title. (Pub. L. 101–625, title II, § 285, Nov. 28, 1990, 104 Stat. 4126.) § 12836. Labor (a) In general Any contract for the construction of afford- able housing with 12 or more units assisted with funds made available under this part shall con- tain a provision requiring that not less than the wages prevailing in the locality, as predeter- mined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of affordable housing in- volved, and participating jurisdictions shall re- quire certification as to compliance with the provisions of this section prior to making any payment under such contract. (b) Waiver Subsection (a) shall not apply if the individual receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volun- teered and such persons are not otherwise em- ployed at any time in the construction work. (Pub. L. 101–625, title II, § 286, Nov. 28, 1990, 104 Stat. 4126.) Editorial Notes CODIFICATION In subsec. (a), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act (40 U.S.C. 276a—276a–5)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. § 12837. Interstate agreements The consent of the Congress is hereby given to any two or more States to enter into agree- ments or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities au- thorized under this subchapter as they pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as they may deem desirable for mak- ing such agreements and compacts effective. (Pub. L. 101–625, title II, § 287, Nov. 28, 1990, 104 Stat. 4127.) § 12838. Environmental review (a) In general In order to assure that the policies of the Na- tional 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 speci- fied in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of funds under this sub- chapter, and to assure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental pro- tection procedures otherwise applicable, may Page 8482 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12838 1 So in original. Probably should be followed by a comma. under regulations provide for the release of funds for particular projects to jurisdictions or insular areas under this subchapter who assume all of the responsibilities for environmental re- view, 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 he to undertake such projects as Federal projects. The Secretary shall issue regulations to carry out this section only after consultation with the Council on En- vironmental Quality. The regulations shall pro- vide— (1) for the monitoring of the environmental reviews performed under this section; (2) in the discretion of the Secretary, to fa- cilitate training for the performance of such reviews; and (3) for the suspension or termination of the assumption under this section. The Secretary’s duty under the preceding sen- tence shall not be construed to limit or reduce any responsibility assumed by a State or unit of general local government 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, at least 15 days prior to such approval and prior to any commitment of funds to such projects 1 the jurisdiction or insular area has submitted to the Secretary a request for such release accompanied by a certification which meets the requirements of subsection (c). The Secretary’s approval of any such certifi- cation shall be deemed to satisfy his responsibil- ities 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 Sec- retary specify insofar as those responsibilities relate to the releases of funds for projects to be carried out pursuant thereto which are covered by such certification. (c) Certification A certification under the procedures author- ized 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 recipient of assistance under this subchapter qualified under regula- tions of the Secretary, (3) specify that the recipient of assistance under this subchapter has fully carried out its responsibilities as described under subsection (a), and (4) specify that the certifying officer (A) con- sents to assume the status of a responsible Federal official under the National Environ- mental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and each provision of law specified in reg- ulations 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 jurisdiction or insular area and himself to ac- cept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibil- ities as such an official. (d) Assistance to units of general local govern- ment from a State In the case of assistance to units of general local government from a State, the State shall perform those actions of the Secretary described in subsection (b) and the performance of such actions shall be deemed to satisfy the Sec- retary’s responsibilities referred to in the sec- ond sentence of such subsection. (Pub. L. 101–625, title II, § 288, Nov. 28, 1990, 104 Stat. 4127; Pub. L. 103–233, title II, § 206, Apr. 11, 1994, 108 Stat. 365; Pub. L. 104–330, title V, § 505(a)(2), Oct. 26, 1996, 110 Stat. 4044.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a), (b), and (c)(4), 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—Subsec. (a). Pub. L. 104–330, § 505(a)(2)(A), struck out ‘‘, Indian tribes,’’ after ‘‘projects to jurisdictions’’ in introductory provisions. Subsecs. (b), (c)(4). Pub. L. 104–330, § 505(a)(2)(B), (C), struck out ‘‘, Indian tribe,’’ after ‘‘the jurisdiction’’. 1994—Subsec. (a). Pub. L. 103–233, § 206(1), substituted ‘‘jurisdictions, Indian tribes, or insular areas’’ for ‘‘par- ticipating jurisdictions’’ and inserted before period at end ‘‘The regulations shall provide— ‘‘(1) for the monitoring of the environmental re- views performed under this section; ‘‘(2) in the discretion of the Secretary, to facilitate training for the performance of such reviews; and ‘‘(3) for the suspension or termination of the as- sumption under this section. The Secretary’s duty under the preceding sentence shall not be construed to limit or reduce any responsi- bility assumed by a State or unit of general local gov- ernment with respect to any particular release of funds.’’ Subsec. (b). Pub. L. 103–233, § 206(2), substituted ‘‘ju- risdiction, Indian tribe, or insular area’’ for ‘‘partici- pating jurisdiction’’. Subsec. (c)(4)(B). Pub. L. 103–233, § 206(3), substituted ‘‘jurisdiction, Indian tribe, or insular area’’ for ‘‘par- ticipating jurisdiction’’. Subsec. (d). Pub. L. 103–233, § 206(4), substituted ‘‘As- sistance to units of general local government from a State’’ for ‘‘Assistance to a State’’ in heading and ‘‘In the case of assistance to units of general local govern- ment from a State’’ for ‘‘In the case of assistance to States’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment 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. Amendment by Pub. L. 104–330 applicable with re- spect to amounts made available for assistance under this subchapter for fiscal year 1998 and fiscal years thereafter, see section 505(b) of Pub. L. 104–330, set out as a note under section 12747 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–233 applicable with re- spect to any amounts made available to carry out this subchapter after Apr. 11, 1994, and any amounts made available to carry out this subchapter before that date Page 8483 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12851 that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period begin- ning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title. § 12839. Termination of existing housing pro- grams (a) In general Except with respect to projects and programs for which binding commitments have been en- tered into prior to October 1, 1991, no new grants or loans shall be made after October 1, 1991, under— (1) section 17 of the United States Housing Act of 1937 [42 U.S.C. 1437o]; (2) section 312 of the Housing Act of 1964 [42 U.S.C. 1452b]; (3) title VI of the Housing and Community Development Act of 1987; (4) section 8(e)(2) of the United States Hous- ing Act of 1937 [42 U.S.C. 1437f(e)(2)], except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless As- sistance Act [42 U.S.C. 11360 et seq.]; and (5) section 810 of the Housing and Commu- nity Development Act of 1974 [12 U.S.C. 1706e]. (b) Repeals (1) In general Except as provided in paragraph (2), effective on October 1, 1991, the provisions of law re- ferred to in subsection (a) are repealed. (2) No effect on SRO program The provision of law referred to in sub- section (a)(4) shall remain in effect with re- spect to single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.]. (c) Disposition of repayments Any amounts received on or after October 1, 1991, as repayments or recaptures in connection with the programs referred to in subsection (a) and any other amounts for such programs that remain or become unobligated on or after such date, shall be paid into the general fund of the Treasury. (Pub. L. 101–625, title II, § 289, Nov. 28, 1990, 104 Stat. 4128; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675.) Editorial Notes REFERENCES IN TEXT Title VI of the Housing and Community Development Act of 1987 [Pub. L. 100–242], referred to in subsec. (a)(3), is set out as a note under section 1715l of Title 12, Banks and Banking. The McKinney-Vento Homeless Assistance Act, re- ferred to in subsecs. (a)(4) and (b)(2), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Title IV of the Act is classi- fied generally to subchapter IV (§ 11360 et seq.) of chap- ter 119 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 11301 of this title and Tables. AMENDMENTS 2000—Subsecs. (a)(4), (b)(2). Pub. L. 106–400 substituted ‘‘McKinney-Vento Homeless Assistance Act’’ for ‘‘Stewart B. McKinney Homeless Assistance Act’’. § 12840. Suspension of requirements for disaster areas For funds designated under this subchapter by a recipient to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5170 et seq.], the Secretary may suspend all stat- utory requirements for purposes of assistance under this subchapter for that area, except for those related to public notice of funding avail- ability, nondiscrimination, fair housing, labor standards, environmental standards, and low-in- come housing affordability. (Pub. L. 101–625, title II, § 290, as added Pub. L. 103–233, title II, § 208, Apr. 11, 1994, 108 Stat. 366.) Editorial Notes REFERENCES IN TEXT The Robert T. Stafford Disaster Relief and Emer- gency Assistance Act, referred to in text, is Pub. L. 93–288, May 22, 1974, 88 Stat. 143. Title IV of the Act is classified generally to subchapter IV (§ 5170 et seq.) of chapter 68 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to any amounts made available to carry out this subchapter after Apr. 11, 1994, and any amounts made available to carry out this subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out this section not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as an Effective Date of 1994 Amendment note under section 5301 of this title. SUBCHAPTER III—NATIONAL HOMEOWNERSHIP TRUST DEMONSTRATION § 12851. National Homeownership Trust (a) Establishment There is established the National Homeowner- ship Trust, which shall be in the Department of Housing and Urban Development and shall pro- vide assistance to first-time homebuyers in ac- cordance with this subchapter. (b) Board of Directors The Trust shall be governed by a Board of Di- rectors, which shall be composed of— (1) the Secretary of Housing and Urban De- velopment, who shall be the chairperson of the Board; (2) the Secretary of the Treasury; (3) the chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (4) the chairperson of the Federal Housing Finance Board; (5) the chairperson of the Board of Directors of the Federal National Mortgage Association; (6) the chairperson of the Board of Directors of the Federal Home Loan Mortgage Corpora- tion; and (7) 1 individual representing consumer inter- ests, who shall be appointed by the President of the United States, by and with the advice and consent of the Senate.