--- kind: "section" citation: "42 U.S.C. § 1437x" title: "42" title_heading: "The Public Health and Welfare" number: "1437x" heading: "Environmental reviews" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/1437x" units: - "Chapter 8 — Low-Income Housing" - "Subchapter I — General Program of Assisted Housing" --- # §1437x. Environmental reviews - (a) **In general—** - (1) **Release of funds—** In order to assure 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 which further the purposes of such Act (as specified in regulations issued by the [Secretary](/usc/42/242q–4.md?p=2)) 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](/usc/42/242q–4.md?p=2) may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for [projects](/usc/42/13641.md?p=2) or activities under this subchapter, as specified by the [Secretary](/usc/42/242q–4.md?p=2) upon the request of a public housing [agency](/usc/42/8262.md?p=1) under this section, if the [State](/usc/42/2021b.md?p=14) or [unit of general local government](/usc/42/11851.md?p=12), as designated by the [Secretary](/usc/42/242q–4.md?p=2) in accordance with regulations, assumes 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](/usc/42/242q–4.md?p=2) may specify, which would otherwise apply to the [Secretary](/usc/42/242q–4.md?p=2) with respect to the release of funds. - (2) **Implementation—** The [Secretary](/usc/42/242q–4.md?p=2), after consultation with the Council on Environmental Quality, shall issue such regulations as may be necessary to carry out this section. Such regulations shall specify the programs to be covered. - (b) **Procedure—** The [Secretary](/usc/42/242q–4.md?p=2) shall approve the release of funds subject to the procedures authorized by this section only if, not less than 15 days prior to such approval and prior to any commitment of funds to such [projects](/usc/42/13641.md?p=2) or activities, the public housing [agency](/usc/42/8262.md?p=1) has submitted to the [Secretary](/usc/42/242q–4.md?p=2) a request for such release accompanied by a certification of the [State](/usc/42/2021b.md?p=14) or [unit of general local government](/usc/42/11851.md?p=12) which meets the requirements of [subsection (c)](#c). The [Secretary](/usc/42/242q–4.md?p=2)’s approval of any such certification shall be deemed to satisfy the [Secretary](/usc/42/242q–4.md?p=2)’s responsibilities 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/42/242q–4.md?p=2) specify insofar as those responsibilities relate to the release of funds which are covered by such certification. - (c) **Certification—** A certification under the procedures authorized by this section shall— - (1) be in a form acceptable to the [Secretary](/usc/42/242q–4.md?p=2); - (2) be executed by the chief executive officer or other officer of the [State](/usc/42/2021b.md?p=14) or [unit of general local government](/usc/42/11851.md?p=12) who qualifies under regulations of the [Secretary](/usc/42/242q–4.md?p=2); - (3) specify that the [State](/usc/42/2021b.md?p=14) or [unit of general local government](/usc/42/11851.md?p=12) under this section has fully carried out its responsibilities as described under [subsection (a)](#a); and - (4) specify that the certifying officer— - (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/42/242q–4.md?p=2) insofar as the provisions of such Act or other such provision of law apply pursuant to [subsection (a)](#a); and - (B) is authorized and consents on behalf of the [State](/usc/42/2021b.md?p=14) or [unit of general local government](/usc/42/11851.md?p=12) and himself or herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his or her responsibilities as such an official. - (d) **Approval by States—** In cases in which a [unit of general local government](/usc/42/11851.md?p=12) carries out the responsibilities described in [subsection (c)](#c), the [Secretary](/usc/42/242q–4.md?p=2) may permit the [State](/usc/42/2021b.md?p=14) to perform those actions of the [Secretary](/usc/42/242q–4.md?p=2) described in [subsection (b)](#b) and the performance of such actions by the [State](/usc/42/2021b.md?p=14), where permitted by the [Secretary](/usc/42/242q–4.md?p=2), shall be deemed to satisfy the [Secretary](/usc/42/242q–4.md?p=2)’s responsibilities referred to in the second sentence of [subsection (b)](#b). ## Source credit (Sept. 1, 1937, ch. 896, title I, § 26, as added Pub. L. 103–233, title III, § 305(b), Apr. 11, 1994, 108 Stat. 371; amended Pub. L. 104–330, title V, § 501(b)(11), Oct. 26, 1996, 110 Stat. 4042.) ## Notes ### Editorial Notes ### References in Text The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b), 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 this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. ### Amendments 1996—Subsecs. (a)(1), (b). Pub. L. 104–330 struck out “(including an Indian housing authority)” after “public housing agency”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 1996 Amendment Amendment by Pub. L. 104–330 effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of Title 25, Indians.