Consolidation of environmental review requirements

Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended— (1) in subsection (c)(2), by inserting, or a tribally designated housing entity official designated by the tribe, after tribe; (2) in subsection (d)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly; (B) by striking The Secretary may and inserting the following: (1) In general The Secretary may; and (C) by adding at the end the following: (2) Timeline The Secretary shall act upon a waiver request submitted under this subsection not later than 60 days after receiving the request.; and (3) by adding at the end of the following: (e) Consolidation of environmental review requirements (1) In general With respect to a project carried out using amounts provided under this Act, including under title VIII of this Act or carried out by an Indian tribe, or under a grant made to an Indian tribe under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), the Indian tribe, recipient, or the Director of the Department of Hawaiian Homelands, as applicable, shall be deemed to be in compliance with the environmental review requirements under this section or section 806 of this Act, under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), and under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Indian tribe or the Director of the Department of Hawaiian Homelands, as applicable, shall be discharged from any applicable environmental review requirements that may apply to Federal agencies with respect to the use of additional Federal funding sources for that project, if— (A) a recipient is using 1 or more sources of Federal funds in addition to assistance provided under this Act or under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); (B) the sum of the other sources of Federal funds described in subparagraph (A) do not exceed 49 percent of the Federal share of the project cost; and (C) the recipient’s Indian tribe or the Director of the Department of Hawaiian Homelands, as applicable, 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 (42 U.S.C. 5301 et seq.), as applicable. (2) Effect Upon completion of an environmental review for a project described in paragraph (1) in accordance with procedures established by the Secretary, as applicable, no other Federal agency providing additional Federal funds for the project shall be required to conduct a separate or supplemental environmental review for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other provision of Federal law described in paragraph (1), except to the extent that the project is materially changed in a manner that was not analyzed in the consolidated review. (f) Environmental streamlining With respect to a project carried using amounts provided under this Act, including under title VIII of this Act or grants made to an Indian tribe under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), each of the following applies: (1) General exemption Notwithstanding any other provision of law, the following activities are exempt from any environmental review requirements: (A) An activity for which a similar statutory exemption applies to comparable activities carried out by another Federal agency. (B) An affordable housing activity with a total development cost of not more than $250,000. (C) An activity consisting solely of the acquisition of real property or long-term equipment using non-Federal funds. (D) An activity consisting of the rehabilitation of an existing structure, if— (i) the cost of such rehabilitation is less than 50 percent of the market value of the structure before rehabilitation; and (ii) the rehabilitation does not involve ground disturbance, an expansion or change in the footprint of the structure, or any work affecting a structure that is listed on the National Register of Historic Places. (2) Determination by Tribe An Indian tribe that has assumed responsibility for environmental review, decision making, and action pursuant to procedures established by the Secretary pursuant to subsection (e)(1)(C) shall make and document any determination that an activity qualifies for an exemption under this subsection, and such determination shall be deemed sufficient for purposes of compliance by any other Federal agency providing financial assistance for the activity. (3) Radon (A) In general Notwithstanding any other provision of law, the Secretary may not require recipients, including the Director of the Department of Hawaiian Home Lands, and Indian tribes to consider or test for radon as part of the environmental review for the project. (B) Rule of construction Nothing in subparagraph (A) shall be construed to limit the authority of a recipient or Indian tribe to consider, test for, or mitigate radon. (4) Lead testing (A) Definitions In this paragraph: (i) Remote area The term remote area means an area with 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. (ii) Target housing The term target housing means target housing, as defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b), that is assisted under this Act. (B) Testing 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, shall be conducted through— (i) 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 302 of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822); or (ii) a visual assessment for deteriorated paint and use of lead test kits approved by the Environmental Protection Agency in accordance with section 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. (5) Federal Flood Risk Management Standards The project shall not be subject to the Federal Flood Risk Management Standards, and the Secretary shall revise regulations governing floodplain management and the protection of wetlands to exclude the Federal Flood Risk Management Standards from applying to such projects. (6) Exemption from flood insurance requirements Notwithstanding any provision of law, the Secretary may provide financial assistance for acquisition or construction purposes to Indian tribes and tribally designated housing entities under any program administered by the Secretary for a property that— (A) is owned by the Indian tribe, tribally designated housing entity, tribal organization, or other Tribal entity; and (B) is— (i) not covered by flood insurance; or (ii) not located in a jurisdiction that participates in the National Flood Insurance Program. (7) Exemptions from certain separation distance requirements for projects from storage tanks (A) Residential tanks A recipient, including the Director of the Department of Hawaiian Home Lands, carrying out activities under this Act or an Indian tribe carrying out activities under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) shall be exempt from the acceptable separation distance and mitigation requirements of the Secretary for residential tanks when the tank— (i) has a capacity of not more than 1,320 gallons; (ii) is intended to contain common liquid fuels such as gasoline, fuel oil, kerosene, diesel, liquified petroleum gas (propane), or crude oil; (iii) is sited on land or property that contains a 1- to 4-family dwelling; (iv) is intended to be used solely by residents of such dwelling; and (v) is intended to be used by residents of such dwelling exclusively for non-commercial, non-industrial purposes. (B) Rule of construction Nothing in this paragraph shall be construed to limit the authority of a recipient, including the Director of the Department of Hawaiian Home Lands, or an Indian tribe to consider acceptable separation distance or implementation mitigation measures for residential tanks. (C) Above ground storage tanks The acceptable separation distance requirements of the Secretary between a residential structure assisted by a recipient, including the Director of the Department of Hawaiian Home Lands, with funds under this Act (or assisted with funds under a grant to an Indian tribe under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)) 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 any successor regulation, including mitigation measures, shall not apply if the recipient, including the Director of the Department of Hawaiian Home Lands, or Indian tribe determines that— (i) the application of the requirements would prevent or materially impede the ability of the recipient or Indian tribe to address its housing needs; (ii) the use of an alternative standard, or the absence of a standard, will not present an unacceptable risk to the health or safety or residents; and (iii) the recipient or Indian tribe has— (I) provided notice and an opportunity for comment to residents of the affected area regarding the proposed inapplicability of the requirements; and (II) developed and adopted a safety and response plan addressing the potential risks associated with an above ground storage tank. (D) Rule of construction Nothing in this paragraph shall be construed to limit the authority of a recipient, including the Director of the Department of Hawaiian Home Lands, or an Indian tribe to consider, adopt, or enforce acceptable separation distance standards or implement mitigation measures for risks associated with above ground storage tanks. (8) Wetland requirements The Secretary may not apply additional requirements involving protection of wetlands in instances where— (A) an affected wetland requires a U.S. Army Corps of Engineers general, regional, or individual permit; and (B) the recipient, including the Director of the Department of Hawaiian Home Lands, or Indian tribe complies with the conditions of the permit..