25 USC 4115 - Environmental review

U.S Code last checked for updates: May 02, 2024

§ 4115.

Environmental review

(a)

In general

(1)

Release of funds

(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

(c)

Certification

A certification under the procedures authorized 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 subsection (a); and

(4)

specify that the certifying officer—

(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 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 jurisdiction 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 comply with provisions of this section—

(1)

will not frustrate the goals of the National 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 immediate or long-term hazard to residents of that community;

(3)

is a result of inadvertent error, including an incorrect or incomplete certification provided 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.)

cite as: 25 USC 4115