Sec. 2. Consolidation of environmental review requirements
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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— in subsection (c)(2) by adding after other officer of the Tribe the following: , or a tribally designated housing entity official designated by the Tribe, ; in subsection (d)— by redesignating paragraphs
(1)through
(4)as subparagraphs
(A)through (D), respectively; by striking The Secretary may and inserting the following: The Secretary shall ; and by adding at the end the following: The Secretary shall act upon a waiver request submitted under this subsection within 60 days after receipt of such request. ; and by adding at the end the following new subsections: For assistance provided under this Act, including under title VIII of this Act, and grants to Indian Tribes issued under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), the Indian Tribe or the Director of the Department of Hawaiian Home Lands shall be deemed to be in compliance with the environmental review requirements under this section or section 806 of this Act, title I of the Housing and Community Development Act of 1974, and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), with regard to such project and to discharge any applicable environmental review requirements that might apply to Federal agencies with respect to the use of additional Federal funding sources for that project, if— a recipient is using 1 or more sources of Federal funds in addition to grant amounts under this Act or in addition to a grant made to an Indian Tribe under title I of the Housing and Community Development Act of 1974; such other sources of Federal funds do not exceed 49 percent of the Federal share of the project cost; and the recipient’s Indian Tribe or the Director of the Department of Hawaiian Home Lands has assumed all of the responsibilities for environmental review, decision-making, and action pursuant to this section, section 806 of this Act, or title I of the Housing and Community Development Act of 1974. For activities assisted under this Act, including title VIII of this Act, or assisted with a grant to an Indian Tribe under title I of the Housing and Community Development Act ( 42 U.S.C. 5301 et seq. ), each of the following apply: Notwithstanding any other provision of law, activities are exempt from any environmental review requirements where— similar statutory exemptions apply to comparable activities of other Federal agencies; the activity is an affordable housing activity having a total cost of not more than $250,000; the activity is acquisition of property, including long-term equipment, funded using non-Federal sources; or the activity involves the rehabilitation of a structure and— the cost of the rehabilitation is less than fifty percent of the market value of the structure before rehabilitation; and the rehabilitation involves no ground disturbance, footprint change, or historic structure. Notwithstanding any other provision of law, the Secretary may not require recipients (including the Director under title VIII of this Act) and Indian Tribes to consider or test for radon in the environmental review. Nothing in this provision shall be construed to limit the authority of a recipient (including the Director under title VIII of this Act) and an Indian Tribe to consider, test for, and mitigate radon. Lead paint testing of target housing that is in a remote area, and that is being rehabilitated, renovated, repaired, or painted in a manner that will repair or disturb building components that are painted or coated, must be conducted via— paint chip testing, lead-based paint inspection, visual assessment for deteriorated paint, or a lead risk assessment for lead-based paint hazards, as applicable in accordance with section 1012 of the Residential Lead-Based Paint Hazard Reduction Act of 1992; or visual assessment for deteriorated paint and use of EPA-recognized lead test kits in accordance with sections 402 or 404, as applicable, of the Toxic Substances Control Act ( 15 U.S.C. 2682 , 2684) on each building component that is painted or coated and is to be disturbed. In this paragraph: The term Remote Area means as the area of a United States Postal Service ZIP Code that has a level 1 Frontier and Remote Area code as most recently posted on the website of the Department of Agriculture. The term Target Housing has the meaning given the term in section 1004(27) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b(27) ) assisted under the Native American Housing Assistance and Self-Determination Act of 1996. Recipients carrying out activities under this Act (including the Director under title VIII of this Act) or Indian Tribe carrying out activities under title I of the Housing and Community Development Act shall be exempt from the Secretary’s acceptable separation distance requirements and mitigation for residential tanks when the tank— has a capacity of 1,320 gallons or less; is intended to contain common liquid fuels such as gasoline, fuel oil, kerosene, diesel, liquified petroleum gas (propane), or crude oil; is sited on land or property that contains a one- to four-family dwelling; is intended to be used solely by residents of such dwelling; and is intended to be used by residents of such dwelling exclusively for non-commercial, non-industrial purposes. Nothing in this provision shall be construed to limit the authority of a recipient (including the Director under title VIII of this Act) or an Indian Tribe to consider acceptable separation distance or implement mitigation measures. The Secretary’s acceptable separation distance requirements between a residential structure assisted with funds under this Act (or assisted with funds under a grant to an Indian Tribe under title 1 of the Housing and Community Development Act) and an above-ground storage tank used to store hazardous substances as defined in subpart C of part 51 of title 24, Code of Federal Regulations, or successor regulation, including mitigation measures, do not apply if the Indian Tribe or recipient (including the Director under title VIII of this Act) determines that— inapplicability of the requirements is necessary to address the housing needs of the Indian Tribe or recipient (including the Director under title VIII of this Act); the use of an alternative standard, or the absence of a standard, does not present an unacceptable risk to the health or safety of residents; and the Indian Tribe or recipient (including the Director under title VIII of this Act) has provided notice and an opportunity for comment to residents of the affected area regarding the inapplicability of the requirements, and has developed a safety and response plan. The Secretary may not apply additional requirements involving protection of wetlands in instances where an affected wetland requires a U.S. Army Corps of Engineers General, Regional, or individual permit and the Indian Tribe or recipient (including the Director under title VIII of this Act) complies with permit conditions. .
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Sec. 2
Consolidation of environmental review requirements
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