S.Amdt. 4340

SA 4340. Ms. MURKOWSKI (for herself, Mr. Schatz, and Mr. Sullivan)
submitted an amendment intended to be proposed by her to the bill H.R.
6644, a bill to increase the supply of housing in America, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CONSOLIDATION OF ENVIRONMENTAL REQUIREMENTS.

(a) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(3) Tribally designated housing entity.--The term
``tribally designated housing entity'' has the meaning given
the term in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4103).
(b) Consolidation of Environmental Review Requirements.--
(1) In general.--Notwithstanding any other provision of
law, and in accordance with paragraph (2), with respect to a
project carried out by an Indian tribe or a tribally
designated housing entity using amounts provided under any
program administered by the Secretary, the environmental
review conducted pursuant to the applicable procedures
established by the Secretary shall be deemed to satisfy--
(A) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) any other applicable environmental review,
decisionmaking, or action requirements that would otherwise
apply to a Federal agency by reason of the use of additional
Federal financial assistance for such project.
(2) Applicability.--Paragraph (1) shall apply only if--
(A) the Indian tribe or tribally designated housing entity
uses 1 or more other sources of Federal funds in addition to
amounts provided under a program administered by the
Secretary;
(B) the aggregate amount of such additional Federal funds
does not exceed 49 percent of the total Federal share of the
project cost; and
(C) the Indian tribe has assumed, in accordance with
procedures established by the Secretary, as applicable, all
responsibilities for environmental review, decisionmaking,
and action with respect to the project.
(3) Effect.--Upon completion of an environmental review for
a project described in paragraphs (1) and (2) 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)(B), except to the extent that the project is
materially changed in a manner that was not analyzed in the
consolidated review.
(c) Environmental Streamlining.--With respect to a project
carried out by an Indian tribe or a tribally designated
housing entity using amounts provided under any program
administered by the Secretary, the following shall apply:
(1) General exemption.--Notwithstanding any other provision
of law, the following activities shall be exempt from
environmental review requirements under the relevant law
administered by the Secretary, the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), and under any
other provision of Federal law requiring environmental review
by a Federal agency with respect to the use of Federal
financial assistance for the activity:
(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,
decisionmaking, and action pursuant to procedures established
by the Secretary pursuant to subsection (b)(2)(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 an Indian tribe or a
tribally designated housing entity 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'' has the
meaning given the term in section 1004 of the Residential
Lead-Based

[[Page S850]]

Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b).
(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 standard.--A project
carried out by an Indian tribe or tribally designated housing
entity under any program administered by the Secretary shall
not be subject to the Federal Flood Risk Management Standard
Policy, and the Secretary shall revise regulations governing
floodplain management and the protection of wetlands to
exclude the Federal Flood Risk Management Standard from
applying to activities carried out by Indian tribes or
tribally designated housing entities under such programs.
(6) 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 or tribally designated
housing 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 hud projects from storage tanks .--
(A) Residential tanks.--An Indian tribe or tribally
designated housing entity carrying out activities under any
program administered by the Secretary 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 an Indian tribe or
tribally designated housing entity to consider, adopt, or
enforce acceptable separation distance standards or implement
mitigation measures for risks associated with residential
tanks.
(C) Above ground storage tanks.--The acceptable separation
distance requirements of the Secretary between a residential
structure assisted by an Indian tribe or a tribally
designated housing entity with amounts under any program
administered by the Secretary 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 Indian tribe or
tribally designated housing entity determines that--
(i) the application of the requirements would prevent or
materially impede the ability of the Indian tribe or tribally
designated housing entity 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 Indian tribe or tribally designated housing
entity 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 an Indian tribe or
tribally designated housing entity 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 Indian tribe or tribally designated housing entity
complies with the conditions of the permit.
(9) Environmental certification.--Notwithstanding any other
provision of law, where an Indian tribe has assumed, in
accordance with procedures established by the Secretary, as
applicable, all responsibilities for environmental review,
decisionmaking, and action with respect to a project carried
out by an Indian tribe or tribally designated housing entity
using amounts provided under any program administered by the
Secretary, a certification required to accompany a request to
the Secretary for release of funds for the project may be
executed by the chief executive officer or other officer of
the Indian tribe or by a tribally designated housing entity
official designated by the Indian tribe.
______