Sec. 10. Environmental review requirements
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Section 288 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12838 ) is amended by adding at the end the following new subsections: The following categories of activities carried out under this title 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— new construction infill housing projects; acquisition of real property for affordable housing purposes; rehabilitation projects carried out pursuant to section 212(a)(1); and new construction projects of 15 units or less.
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 inter-agency 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 104(g)(1) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(1) ) or by another entity the Secretary determines to have equivalent authority, if the scope, scale, and location of the project remain substantially unchanged. . Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue such rules as the Secretary determines necessary to carry out the amendment made by this subsection.
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