Sec. 2. Environmental review
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Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4115 ) is amended by adding at the end the following: If a recipient is using one or more sources of Federal funds in addition to grant amounts under this Act in carrying out a project that qualifies as an affordable housing activity under section 202, where grant amounts under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the recipient’s tribe may, in addition to assuming all of the responsibilities for environmental review, decisionmaking, and action pursuant to subsection (a), assume all of the additional responsibilities for environmental review, decisionmaking, and action under provisions of law that would apply to the Federal agencies that are the other sources of Federal funds for the project.
A tribe’s compliance with the additional responsibilities described in paragraph (1), as well as the review requirements under the National Environmental Policy Act of 1969 and related laws specified in regulations issued under this section with regard to such project shall be deemed to discharge the responsibility of such other Federal agencies for compliance with any applicable environmental review requirements with respect to such project. In the case of a tribe that assumes additional responsibilities described in paragraph (1), the certification under subsection
(c)shall, in addition to the content required under subsection (c), specify— the additional responsibilities that the tribe has fully carried out under this subsection; and that the certifying officer consents to assume the status of a responsible Federal official under such additional provisions of law. A tribe that completes an environmental review pursuant to this subsection shall assume sole liability for the content and quality of the review. In the event that the Secretary has approved a certification and release of funds for a project in accordance with subsection (b), but the Secretary or another funding Federal agency subsequently learns that a tribe failed to carry out its responsibilities as described in subsection (a), the appropriate remedies and sanctions may be imposed in accordance with regulations issued pursuant to section 106, or in accordance with other sources of Federal funds assisting the project. In the event that a statutory violation waiver request is made under subsection
(d)and is approved by the Secretary, such approval of the waiver request shall discharge other sources of Federal funds assisting the project from imposing remedies or sanctions. .
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Sec. 2
Environmental review
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