Special projects

4 rules

(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).

Special projects

4 rules

Official source

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(1) In general

(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;

(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;

name: release_request_minimum_days_before_approval kind: parameter dtype: Count source: 42 USC 3547(2) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/3547 excerpt: not less than 15 days prior to such approval versions: - effective_from: '1961-01-01' formula: '15'

name: certification_meets_environmental_review_assumption_requirements kind: derived entity: HudSpecialProject dtype: Judgment period: Day source: 42 USC 3547(3) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/3547 versions: - effective_from: '1961-01-01' formula: >- certification_form_acceptable_to_secretary and certification_executed_by_qualified_state_or_local_officer and certification_specifies_state_or_local_government_fully_carried_out_assumed_responsibilities and certifying_officer_consents_to_responsible_federal_official_status and certifying_officer_authorized_and_consents_to_federal_court_jurisdiction

name: release_approval_prerequisites_satisfied kind: derived entity: HudSpecialProject dtype: Judgment period: Day source: 42 USC 3547(2) metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us/statute/42/3547 - path: versions[0].formula kind: import import: target: us:statutes/42/3547#release_request_minimum_days_before_approval output: release_request_minimum_days_before_approval hash: sha256:local - path: versions[0].formula kind: import import: target: >- us:statutes/42/3547#certification_meets_environmental_review_assumption_requirements output: certification_meets_environmental_review_assumption_requirements hash: sha256:local versions: - effective_from: '1961-01-01' formula: >- project_subject_to_procedures_authorized_by_this_section and days_between_release_request_submission_and_approval >= release_request_minimum_days_before_approval and release_request_submitted_before_commitment_of_funds and certification_meets_environmental_review_assumption_requirements

name: >- state_approval_actions_satisfy_secretary_release_responsibilities_when_permitted kind: derived entity: HudSpecialProject dtype: Judgment period: Day source: 42 USC 3547(4) metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us/statute/42/3547 versions: - effective_from: '1961-01-01' formula: >- unit_of_general_local_government_carries_out_assumed_environmental_review_responsibilities and secretary_permits_state_to_perform_release_approval_actions and state_performs_release_approval_actions_described_in_paragraph_2

- name: release_request_minimum_days_before_approval kind: parameter dtype: Count source: 42 USC 3547(2) metadata: proof: atoms: - path: versions[0].formula kind: parameter source: corpus_citation_path: us/statute/42/3547 excerpt: not less than 15 days prior to such approval versions: - effective_from: '1961-01-01' formula: '15'

- name: certification_meets_environmental_review_assumption_requirements kind: derived entity: HudSpecialProject dtype: Judgment period: Day source: 42 USC 3547(3) metadata: proof: atoms: - path: versions[0].formula kind: predicate source: corpus_citation_path: us/statute/42/3547 versions: - effective_from: '1961-01-01' formula: >- certification_form_acceptable_to_secretary and certification_executed_by_qualified_state_or_local_officer and certification_specifies_state_or_local_government_fully_carried_out_assumed_responsibilities and certifying_officer_consents_to_responsible_federal_official_status and certifying_officer_authorized_and_consents_to_federal_court_jurisdiction

- name: release_approval_prerequisites_satisfied kind: derived entity: HudSpecialProject dtype: Judgment period: Day source: 42 USC 3547(2) metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us/statute/42/3547 - path: versions[0].formula kind: import import: target: us:statutes/42/3547#release_request_minimum_days_before_approval output: release_request_minimum_days_before_approval hash: sha256:local - path: versions[0].formula kind: import import: target: us:statutes/42/3547#certification_meets_environmental_review_assumption_requirements output: certification_meets_environmental_review_assumption_requirements hash: sha256:local versions: - effective_from: '1961-01-01' formula: >- project_subject_to_procedures_authorized_by_this_section and days_between_release_request_submission_and_approval >= release_request_minimum_days_before_approval and release_request_submitted_before_commitment_of_funds and certification_meets_environmental_review_assumption_requirements

- name: state_approval_actions_satisfy_secretary_release_responsibilities_when_permitted kind: derived entity: HudSpecialProject dtype: Judgment period: Day source: 42 USC 3547(4) metadata: proof: atoms: - path: versions[0].formula kind: condition source: corpus_citation_path: us/statute/42/3547 versions: - effective_from: '1961-01-01' formula: |- unit_of_general_local_government_carries_out_assumed_environmental_review_responsibilities and secretary_permits_state_to_perform_release_approval_actions and state_performs_release_approval_actions_described_in_paragraph_2