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42 U.S.C. § 4604 — Certification

submitted 39 years ago by Pub. L. 91-646 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 292 words · no verdicts yet

in plain englishAI-generated · not legal advice

(a) Despite sections 4630 and 4655, a Federal-agency head may fulfill a chapter responsibility by accepting a State agency’s certification that it will do so, if the lead-agency head finds State law will carry it out and accomplish this chapter’s purpose and effect. (b)(1) The lead-agency head must issue regulations. (2) Repealed.

(a) Despite sections 4630 and 4655, a Federal-agency head may fulfill a chapter responsibility by accepting a State agency’s certification that it will do so, if the lead-agency head finds State law will carry it out and accomplish this chapter’s purpose and effect. (b)(1) The lead-agency head must issue regulations. (2) Repealed. (3) Before deciding about a State law, the lead-agency head must give interested parties public review and comment, and must consult interested local general-purpose governments about how the law affects their chapter responsibilities. (c)(1) A Federal-agency head may withhold approval of Federal assistance, a contract, or cooperative agreement with a displacing agency found not to comply with the laws in (a). (2) After consulting the lead-agency head, the Federal-agency head may rescind acceptance of a certification in whole or part if the State agency fails to follow it or State law.
the actual law source: uscode.house.gov ↗public domain
(a) Acceptance of State agency certification

Notwithstanding sections 4630 and 4655 of this title, the head of a Federal agency may discharge any of his responsibilities under this chapter by accepting a certification by a State agency that it will carry out such responsibility, if the head of the lead agency determines that such responsibility will be carried out in accordance with State laws which will accomplish the purpose and effect of this chapter.

(b) Promulgation of regulations; notice and comment; consultation with local governments
(1)

The head of the lead agency shall issue regulations to carry out this section.

(2)

Repealed. Pub. L. 104–66, title I, § 1121(f), Dec. 21, 1995, 109 Stat. 724.

(3)

Before making a determination regarding any State law under subsection (a) of this section, the head of the lead agency shall provide interested parties with an opportunity for public review and comment. In particular, the head of the lead agency shall consult with interested local general purpose governments within the State on the effects of such State law on the ability of local governments to carry out their responsibilities under this chapter.

(c) Effect of noncompliance with certification or with applicable law
(1)

The head of a Federal agency may withhold his approval of any Federal financial assistance to or contract or cooperative agreement with any displacing agency found by the Federal agency to have failed to comply with the laws described in subsection (a) of this section.

(2)

After consultation with the head of the lead agency, the head of a Federal agency may rescind his acceptance of any certification under this section, in whole or in part, if the State agency fails to comply with such certification or with State law.

Source credit: (Pub. L. 91–646, title I, § 103, as added Pub. L. 100–17, title IV, § 403, Apr. 2, 1987, 101 Stat. 248; amended Pub. L. 104–66, title I, § 1121(f), Dec. 21, 1995, 109 Stat. 724.)

history & why it existsrecord from the source credit
  • 1987Enacted · Pub. L. 91-646 · 101 Stat. 248
  • 1995Amended · Pub. L. 104-66 · 109 Stat. 724

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-646 on 1987-04-02.

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