--- kind: "section" citation: "25 U.S.C. § 4226" title: "25" title_heading: "Indians" number: "4226" heading: "Environmental review" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/25/4226" units: - "Chapter 43 — Native American Housing Assistance and Self-Determination" - "Subchapter VIII — Housing Assistance for Native Hawaiians" --- # §4226. Environmental review - (a) **In general—** - (1) **Release of funds—** - (A) **In general—** The [Secretary](/usc/25/4103.md?p=20) may carry out the alternative environmental protection procedures described in [subparagraph (B)](#a-1-B) in order to ensure— - (i) that the policies of the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) and other provisions of law that further the purposes of such Act (as specified in regulations issued by the [Secretary](/usc/25/4103.md?p=20)) are most effectively implemented in connection with the expenditure of grant amounts provided under this subchapter; and - (ii) to the public undiminished protection of the environment. - (B) **Alternative environmental protection procedure—** In lieu of applying environmental protection procedures otherwise applicable, the [Secretary](/usc/25/4103.md?p=20) may by regulation provide for the release of funds for specific projects to the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) if the [Director](/usc/25/4221.md?p=2) of the [Department](/usc/25/4221.md?p=1) assumes all of the responsibilities for environmental review, decisionmaking, and action under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.), and such other provisions of law as the regulations of the [Secretary](/usc/25/4103.md?p=20) specify, that would apply to the [Secretary](/usc/25/4103.md?p=20) were the [Secretary](/usc/25/4103.md?p=20) to undertake those projects as Federal projects. - (2) **Regulations—** - (A) **In general—** The [Secretary](/usc/25/4103.md?p=20) shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality. - (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](/usc/25/4103.md?p=20), 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—** The duty of the [Secretary](/usc/25/4103.md?p=20) under [paragraph (2)(B)](#a-2-B) shall not be construed to limit or reduce any responsibility assumed by the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) for grant amounts with respect to any specific release of funds. - (b) **Procedure—** - (1) **In general—** The [Secretary](/usc/25/4103.md?p=20) shall authorize the release of funds subject to the procedures under this section only if, not less than 15 days before that approval and before any commitment of funds to such projects, the [Director](/usc/25/4221.md?p=2) of the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) submits to the [Secretary](/usc/25/4103.md?p=20) a request for such release accompanied by a certification that meets the requirements of [subsection (c)](#c). - (2) **Effect of approval—** The approval of the [Secretary](/usc/25/4103.md?p=20) of a certification described in [paragraph (1)](#b-1) shall be deemed to satisfy the responsibilities of the [Secretary](/usc/25/4103.md?p=20) under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) and such other provisions of law as the regulations of the [Secretary](/usc/25/4103.md?p=20) specify to the extent that those responsibilities relate to the releases of funds for projects that are covered by that certification. - (c) **Certification—** A certification under the procedures under this section shall— - (1) be in a form acceptable to the [Secretary](/usc/25/4103.md?p=20); - (2) be executed by the [Director](/usc/25/4221.md?p=2) of the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1); - (3) specify that the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) has fully carried out its responsibilities as described under [subsection (a)](#a); and - (4) specify that the [Director](/usc/25/4221.md?p=2)— - (A) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](/usc/42/4321.md) et seq.) and each provision of law specified in regulations issued by the [Secretary](/usc/25/4103.md?p=20) to the extent that those laws apply by reason of [subsection (a)](#a); and - (B) is authorized and consents on behalf of the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) and the [Director](/usc/25/4221.md?p=2) to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities of the [Director](/usc/25/4221.md?p=2) of the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) as such an official. ## Source credit (Pub. L. 104–330, title VIII, § 806, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2977.) ## Notes ### Editorial Notes ### References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b)(2), and (c)(4)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. ### Codification Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 806 of Pub. L. 104–330. This section is based on the text of section 806 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.