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

Page 642 TITLE 25—INDIANS § 4115 the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.)’’ for ‘‘Davis-Bacon Act (40 U.S.C. 276a–276a–5)’’. Subsec. (b)(3). Pub. L. 106–568, § 1003(j)(2), and Pub. L. 106–569, § 503(i)(2), amended subsec. (b) identically, add- ing par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4115. Environmental review (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 speci- fied in regulations issued by the Secretary) are most effectively implemented in connec- tion with the expenditure of grant amounts provided under this chapter, and to ensure to the public undiminished protection of the en- vironment, the Secretary, in lieu of the envi- ronmental protection procedures otherwise ap- plicable, may by regulation provide for the re- lease 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 consulta- tion with the Council on Environmental Quality. (B) Contents The regulations issued under this para- graph shall— (i) provide for the monitoring of the en- vironmental reviews performed under this section; (ii) in the discretion of the Secretary, fa- cilitate training for the performance of such reviews; and (iii) provide for the suspension or termi- nation of the assumption of responsibil- ities 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 sub- mitted to the Secretary a request for such re- lease 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 respon- sibilities 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 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 tribe under this chapter qualified under regulations of the Secretary; (3) specify that the tribe has fully carried out its responsibilities as described under sub- section (a); and (4) specify that the certifying officer— (A) consents to assume the status of a re- sponsible Federal official under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and each provision of law speci- fied 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 juris- diction 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 com- ply with provisions of this section— (1) will not frustrate the goals of the Na- tional Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] or any other provision of law that furthers the goals of that Act; (2) does not threaten the health or safety of the community involved by posing an imme- diate or long-term hazard to residents of that community; (3) is a result of inadvertent error, including an incorrect or incomplete certification pro- vided under subsection (c)(1); and (4) may be corrected through the sole action of the recipient. (Pub. L. 104–330, title I, § 105, Oct. 26, 1996, 110 Stat. 4028; Pub. L. 106–568, title X, § 1003(d), Dec. 27, 2000, 114 Stat. 2926; Pub. L. 106–569, title V, § 503(d), Dec. 27, 2000, 114 Stat. 2962.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chap- ter 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, Page 643 TITLE 25—INDIANS § 4116 Oct. 26, 1996, 110 Stat. 4016, known as the Native Amer- ican 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 ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4116. Regulations (a) Transition requirements (1) In general Not later than 90 days after October 26, 1996, the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this chapter and the amendments made by this chapter) from the provision of assistance for Indian tribes and Indian housing authorities under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] and other related provisions of law to the provision of assistance in accordance with this chapter and the amendments made by this chapter. (2) Public comments; general notice of pro- posed rulemaking The notice issued under paragraph (1) shall— (A) invite public comments regarding such transition requirements and final regula- tions to carry out this chapter; and (B) include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5) of the final regulations under sub- section (b). (b) Final regulations (1) Timing The Secretary shall issue final regulations necessary to carry out this chapter not later than September 1, 1997, and such regulations shall take effect not later than the effective date of this chapter. (2) Negotiated rulemaking procedure (A) In general Notwithstanding sections 563(a) and 565(a) of title 5, all regulations required under this chapter, including any regulations that may be required pursuant to amendments made to this chapter after October 26, 1996, shall be issued according to a negotiated rule- making procedure under subchapter III of chapter 5 of title 5. (B) Committee (i) In general Not later than 180 days after the date of enactment of the Native American Hous- ing Assistance and Self-Determination Re- authorization Act of 2008 and any other Act to reauthorize this chapter, the Sec- retary shall establish a negotiated rule- making committee, in accordance with the procedures under that subchapter, for the development of proposed regulations under subparagraph (A). (ii) Adaptation In establishing the negotiated rule- making committee, the Secretary shall— (I) adapt the procedures under the sub- chapter described in clause (i) to the unique government-to-government rela- tionship between the Indian tribes and the United States, and shall ensure that the membership of the committee in- clude only representatives of the Federal Government and of geographically di- verse small, medium, and large Indian tribes; and (II) shall not preclude the participa- tion of tribally designated housing enti- ties should tribes elect to be represented by such entities. (C) Subsequent negotiated rulemaking The Secretary shall— (i) initiate a negotiated rulemaking in accordance with this section by not later than 90 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthor- ize this chapter; and (ii) promulgate regulations pursuant to this section by not later than 2 years after the date of enactment of the Native Amer- ican Housing Assistance and Self-Deter- mination Reauthorization Act of 2008 and any other Act to reauthorize this chapter. (D) Review Not less frequently than once every 7 years, the Secretary, in consultation with Indian tribes, shall review the regulations promulgated pursuant to this section in ef- fect on the date on which the review is con- ducted. (c) Effective date This section shall take effect on October 26, 1996. (Pub. L. 104–330, title I, § 106, Oct. 26, 1996, 110 Stat. 4029; Pub. L. 107–292, § 6, Nov. 13, 2002, 116 Stat. 2054; Pub. L. 110–411, title I, § 105, Oct. 14, 2008, 122 Stat. 4324.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native Amer- ican 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. For the effective date of this chapter, referred to in subsecs. (a)(1) and (b)(1), as Oct. 1, 1997, except as other- wise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of this title. The United States Housing Act of 1937, referred to in subsec. (a)(1), is act Sept. 1, 1937, ch. 896, as revised gen-