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U.S. Code as of:
01/19/04
Section 3547. Special projects
(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 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 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 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 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 or unit of general local government who qualifies
under regulations of the Secretary;
(C) specify that the State 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 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).
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