25 USC 4226 - Environmental review

U.S Code last checked for updates: Nov 22, 2024

§ 4226.

Environmental review

(a)

In general

(1)

Release of funds

(A)

In general

The Secretary may carry out the alternative environmental protection procedures described in subparagraph (B) in order to ensure—

(i)

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 specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of grant amounts provided under this subchapter; and

(ii)

to the public undiminished protection of the environment.

(B)

Alternative environmental protection procedure

(2)

Regulations

(A)

In general

(B)

Contents

The regulations issued under this paragraph shall—

(i)

provide for the monitoring of the environmental reviews performed under this section;

(ii)

in the discretion of the Secretary, facilitate training for the performance of such reviews; and

(iii)

provide for the suspension or termination of the assumption of responsibilities under this section.

(3)

Effect on assumed responsibility

(b)

Procedure

(1)

In general

(2)

Effect of approval

(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 Department of Hawaiian Home Lands;

(3)

specify that the Department of Hawaiian Home Lands has fully carried out its responsibilities as described under subsection (a); and

(4)

specify that the Director—

(A)

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 to the extent that those laws apply by reason 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 enforcement of the responsibilities of the Director 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.)

cite as: 25 USC 4226