Page 715 TITLE 25—INDIANS § 4115

amounts determined to be so small that compliance with the requirements of this subsection would create an unreasonable administrative burden on the recipient.

(b) Labor standards

(1) In general

Any contract or agreement for assistance,

sale, or lease pursuant to this chapter shall

contain a provision requiring that not less

than the wages prevailing in the locality, as

determined or adopted (subsequent to a determination under applicable State, tribal, or

local law) by the Secretary, shall be paid to all

architects, technical engineers, draftsmen,

and technicians employed in the development,

and all maintenance laborers and mechanics

employed in the operation, of the affordable

housing project involved; and shall also contain a provision that not less than the wages

prevailing in the locality, as predetermined by

the Secretary of Labor pursuant to the DavisBacon Act (40 U.S.C. 276a–276a–5), shall be paid

to all laborers and mechanics employed in the

development of the affordable housing involved, and the Secretary shall require certification as to compliance with the provisions of

this paragraph before making any payment

under such contract or agreement.

(2) Exceptions

Paragraph (1) and the provisions relating to

wages (pursuant to paragraph (1)) in any contract or agreement for assistance, sale, or

lease pursuant to this chapter, shall not apply

to any individual who receives no compensation or is paid expenses, reasonable benefits,

or a nominal fee to perform the services for

which the individual volunteered and who is

not otherwise employed at any time in the

construction work.

(Pub. L. 104–330, title I, §104, Oct. 26, 1996, 110

Stat. 4027.)

REFERENCES IN TEXT

The Davis-Bacon Act, referred to in subsec. (b)(1), is

act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which

is classified generally to sections 276a to 276a–5 of Title

40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short

Title note set out under section 276a of Title 40 and

Tables.

EFFECTIVE DATE

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set

out as a note under section 4101 of this title.

§ 4115. Environmental review

(a) In general

(1) Release of funds

In order to ensure that the policies of the

National Environmental Policy Act of 1969 [42

U.S.C. 4321 et seq.] and other provisions of law

that further the purposes of such Act (as specified in regulations issued by the Secretary)

are most effectively implemented in connection with the expenditure of grant amounts

provided under this chapter, and to ensure to

the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may by regulation provide for the release of amounts for particular projects to

tribes which assume 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 specify, that would apply to the

Secretary were the Secretary to undertake

such projects as Federal projects.

(2) Regulations

(A) In general

The Secretary 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, 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 under paragraph

(2)(B) shall not be construed to limit or reduce

any responsibility assumed by a recipient of

grant amounts with respect to any particular

release of funds.

(b) Procedure

The Secretary 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, the tribe has submitted to the Secretary a request for such release

accompanied by a certification that meets the

requirements of subsection (c) of this section.

The approval of the Secretary of any such certification shall be deemed to satisfy the responsibilities of the Secretary under the National

Environmental Policy Act of 1969 [42 U.S.C. 4321

et seq.] and such other provisions of law as the

regulations of the Secretary specify insofar as

those responsibilities relate to the releases of

funds for projects to be carried out pursuant

thereto that 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;

(2) be executed by the chief executive officer

or other officer of the tribe under this chapter

qualified under regulations of the Secretary;

(3) specify that the tribe has fully carried

out its responsibilities as described under subsection (a) of this section; 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 et seq.] and each provision of law speci-
§ 4116 TITLE 25—INDIANS Page 716

fied in regulations issued by the Secretary

insofar as the provisions of such Act or such

other provisions of law apply pursuant to

subsection (a) of this section; and

(B) is authorized and consents on behalf of

the tribe and such officer to accept the jurisdiction of the Federal courts for the purpose

of enforcement of the responsibilities of the

certifying officer as such an official.

(Pub. L. 104–330, title I, §105, Oct. 26, 1996, 110

Stat. 4028.)

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat.

852, as amended, 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.

EFFECTIVE DATE

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set

out as a note under section 4101 of this title.

§ 4116. Regulations

(a) Transition requirements

(1) In general

Not later than 90 days after October 26, 1996,

the Secretary shall, by notice issued in the

Federal Register, establish any requirements

necessary to provide for the transition (upon

the effectiveness of this chapter and the

amendments made by this chapter) from the

provision of assistance for Indian tribes and

Indian housing authorities under the United

States Housing Act of 1937 [42 U.S.C. 1437 et

seq.] and other related provisions of law to the

provision of assistance in accordance with this

chapter and the amendments made by this

chapter.

(2) Public comments; general notice of proposed rulemaking

The notice issued under paragraph (1) shall—

(A) invite public comments regarding such

transition requirements and final regulations to carry out this chapter; and

(B) include a general notice of proposed

rulemaking (for purposes of section 564(a) of

title 5) of the final regulations under subsection (b) of this section.

(b) Final regulations

(1) Timing

The Secretary shall issue final regulations

necessary to carry out this chapter not later

than September 1, 1997, and such regulations

shall take effect not later than the effective

date of this chapter.

(2) Negotiated rulemaking procedure

(A) In general

Notwithstanding sections 563(a) and 565(a)

of title 5, all regulations required under this

chapter shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5.

(B) Committee

(i) In general

The Secretary shall establish a negotiated rulemaking committee, in accordance with the procedures under that subchapter, for the development of proposed

regulations under subparagraph (A).

(ii) Adaptation

In establishing the negotiated rulemaking committee, the Secretary shall—

(I) adapt the procedures under the subchapter described in clause (i) to the

unique government-to-government relationship between the Indian tribes and

the United States, and shall ensure that

the membership of the committee include only representatives of the Federal

Government and of geographically diverse small, medium, and large Indian

tribes; and

(II) shall not preclude the participation of tribally designated housing entities should tribes elect to be represented

by such entities.

(c) Effective date

This section shall take effect on October 26,

1996.

(Pub. L. 104–330, title I, §106, Oct. 26, 1996, 110

Stat. 4029.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), was

in the original ‘‘this Act’’, meaning Pub. L. 104–330,

Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of

1996. For complete classification of this Act to the

Code, see Short Title note set out under section 4101 of

this title and Tables.

For the effective date of this chapter, referred to in

subsecs. (a)(1) and (b)(1), as 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 this title.

The United States Housing Act of 1937, referred to in

subsec. (a)(1), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, §201(a), Aug. 22, 1974,

88 Stat. 653, which is classified generally to chapter 8

(§1437 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 1437 of

Title 42 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4112, 4113, 4152

of this title.

§ 4117. Authorization of appropriations

There are authorized to be appropriated for

grants under this subchapter such sums as may

be necessary for each of fiscal years 1998, 1999,

2000, and 2001. This section shall take effect on

October 26, 1996.

(Pub. L. 104–330, title I, §108, Oct. 26, 1996, 110

Stat. 4030.)

SUBCHAPTER II—AFFORDABLE HOUSING

ACTIVITIES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4103, 4111,

4112 of this title.

§ 4131. National objectives and eligible families

(a) Primary objective

The national objectives of this chapter are—