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

Page 671 TITLE 25—INDIANS § 4226 local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, technicians employed in the de- velopment and all maintenance, and laborers and mechanics employed in the operation, of the affordable housing project involved; and (B) a provision that an amount not less than the wages prevailing in the locality, as predetermined 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 the affordable housing involved. (2) Exceptions Paragraph (1) and provisions relating to wages required under paragraph (1) in any con- tract or agreement for assistance, sale, or lease under this subchapter, shall not apply to any individual who performs the services for which the individual volunteered and who is not otherwise employed at any time in the construction work and received no compensa- tion or is paid expenses, reasonable benefits, or a nominal fee for those services. (Pub. L. 104–330, title VIII, § 805, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2976.) Editorial Notes CODIFICATION ‘‘Sections 3141–3144, 3146, and 3147 of title 40’’ sub- stituted in subsec. (b)(1)(B) for ‘‘the Act commonly known as the ‘Davis-Bacon Act’ (46 Stat. 1494; chapter 411; 40 U.S.C. 276a et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 805 of Pub. L. 104–330. This section is based on the text of section 805 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4226. Environmental review (a) In general (1) Release of funds (A) In general The Secretary may carry out the alter- native environmental protection procedures described in subparagraph (B) in order to en- sure— (i) that the policies of the National Envi- ronmental 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 Sec- retary) are most effectively implemented in connection with the expenditure of grant amounts provided under this sub- chapter; and (ii) to the public undiminished protec- tion of the environment. (B) Alternative environmental protection procedure In lieu of applying environmental protec- tion 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 re- view, decisionmaking, and action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and such other provi- sions of law as the regulations of the Sec- retary specify, that would apply to the Sec- retary 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 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 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 sec- tion only if, not less than 15 days before that approval and before any commitment of funds to such projects, the Director of the Depart- ment of Hawaiian Home Lands submits to the Secretary a request for such release accom- panied by a certification that meets the re- quirements of subsection (c). (2) Effect of approval The approval of the Secretary of a certifi- cation 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 cer- tification. (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 De- partment of Hawaiian Home Lands; (3) specify that the Department of Hawaiian Home Lands has fully carried out its respon- sibilities as described under subsection (a); and Page 672 TITLE 25—INDIANS § 4227 1 So in original. No subsec. (b) has been enacted. (4) specify that the Director— (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 to the extent that those laws apply by rea- son 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 en- forcement of the responsibilities of the Di- rector of the Department of Hawaiian Home Lands as such an official. (Pub. L. 104–330, title VIII, § 806, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2977.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred 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 sections 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. § 4227. Regulations The Secretary shall issue final regulations necessary to carry out this subchapter not later than October 1, 2001. (Pub. L. 104–330, title VIII, § 807, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2979.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 807 of Pub. L. 104–330. This section is based on the text of section 807 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Section 807 of Pub. L. 104–330, as added by Pub. L. 106–568, § 203, re- quired the issuance of final regulations not later than October 1, 2000, instead of October 1, 2001. § 4228. Affordable housing activities (a) 1 National objectives and eligible families (1) Primary objective The national objectives of this subchapter are— (A) to assist and promote affordable hous- ing activities to develop, maintain, and op- erate affordable housing in safe and healthy environments for occupancy by low-income Native Hawaiian families; (B) to ensure better access to private mortgage markets and to promote self-suffi- ciency of low-income Native Hawaiian fami- lies; (C) to coordinate activities to provide housing for low-income Native Hawaiian families with Federal, State, and local ac- tivities to further economic and community development; (D) to plan for and integrate infrastructure resources on the Hawaiian Home Lands with housing development; and (E) to— (i) promote the development of private capital markets; and (ii) allow the markets referred to in clause (i) to operate and grow, thereby benefiting Native Hawaiian communities. (2) Eligible families (A) In general Except as provided under subparagraph (B), assistance for eligible housing activities under this subchapter shall be limited to low-income Native Hawaiian families. (B) Exception to low-income requirement (i) In general The Director may provide assistance for homeownership activities under— (I) section 4229(b) of this title; (II) model activities under section 4229(f) of this title; or (III) loan guarantee activities under section 1715z–13b of title 12 to Native Ha- waiian families who are not low-income families, to the extent that the Sec- retary approves the activities under that section to address a need for housing for those families that cannot be reasonably met without that assistance. (ii) Limitations The Secretary shall establish limitations on the amount of assistance that may be provided under this subchapter for activi- ties for families that are not low-income families. (C) Other families Notwithstanding paragraph (1), the Direc- tor may provide housing or housing assist- ance provided through affordable housing ac- tivities assisted with grant amounts under this subchapter to a family that is not com- posed of Native Hawaiians if— (i) the Department determines that the presence of the family in the housing in- volved is essential to the well-being of Na- tive Hawaiian families; and (ii) the need for housing for the family cannot be reasonably met without the as- sistance. (D) Preference (i) In general A housing plan submitted under section 4223 of this title may authorize a pref- erence, for housing or housing assistance provided through affordable housing ac- tivities assisted with grant amounts pro- vided under this subchapter to be provided, to the extent practicable, to families that are eligible to reside on the Hawaiian Home Lands.