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42 U.S.C. § 12838

Environmental review

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 12838, Environmental review, United States, version 2 as recorded 2026-08-14, yourstate.us, https://yourstate.us/provision/482986
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Full text

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 under this subchapter, and to assure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may under regulations provide for the release of funds for particular projects to jurisdictions or insular areas under this subchapter who assume 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 apply to the Secretary were he to undertake such projects as Federal projects. The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality. The regulations shall provide— The Secretary shall approve the release of funds subject to the procedures authorized by this section only if, at least 15 days prior to such approval and prior to any commitment of funds to such projects 11 So in original. Probably should be followed by a comma. the jurisdiction or insular area has submitted to the Secretary a request for such release accompanied by a certification which meets the requirements of subsection (c). The Secretary’s approval of any such certification shall be deemed to satisfy his 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 projects to be carried out pursuant thereto which are covered by such certification. A certification under the procedures authorized by this section shall— In the case of assistance to units of general local government from a State, the State shall perform those actions of the Secretary described in subsection (b) and the performance of such actions shall be deemed to satisfy the Secretary’s responsibilities referred to in the second sentence of such subsection. The following categories of activities carried out under this subchapter shall be statutorily exempt from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and shall not require further review under such Act: To the extent practicable and permitted by law, the Secretary shall ensure that a project that has undergone an environmental review under this section shall not be subject to a duplicative environmental review solely due to the addition, substitution, or reallocation of other sources of Federal assistance, if the scope, scale, and location of the project remain substantially unchanged. The Secretary shall, by regulation, provide for coordination of environmental review responsibilities with other Federal agencies to streamline interagency compliance and avoid unnecessary duplication of effort under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws. A project may not be subject to an environmental review under this section if a substantially similar review has already been completed by an entity designated under section 5304(g)(1) of this title or by another entity the Secretary determines to have equivalent authority, if the scope, scale, and location of the project remain substantially unchanged.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 101-625(S. 566)1990-11-28
    Cranston-Gonzalez National Affordable Housing Act
    House: no recorded tallySenate: 93–6
  • Amended byPub. L. 103-233(S. 1299)1994-04-11
    Multifamily Housing Property Disposition Reform Act of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 104-330(H.R. 3219)1996-10-26
    Native American Housing Assistance and Self-Determination Act of 1996
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 119-101(H.R. 6644)2026-07-11
    21st Century ROAD to Housing Act