HR4810-119

What This Bill Does

The BUILD Housing Act changes how HUD assistance can move through environmental review. It adds a new Department of Housing and Urban Development Act section allowing the HUD Secretary, for NEPA and related environmental review, decision-making, and action, to designate assistance administered by HUD as funds for a special project under section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994. That designation is unavailable when another law already specifies the procedure for carrying out HUD's NEPA responsibilities. The bill then amends section 305(c) so Indian Tribes are included everywhere that states or units of general local government may assume environmental review obligations, and defines Indian Tribe by reference to the Native American Housing Assistance and Self-Determination Act. The practical effect is to give HUD a review pathway for more assistance and to let federally recognized tribes take on environmental review responsibilities for covered housing assistance.

Who Benefits and How

Affordable housing developers benefit if HUD can use the special-project environmental review procedure to reduce uncertainty for covered assistance. Tribal housing authorities benefit because federally recognized tribes can assume environmental review responsibilities under section 305(c). HUD program offices benefit from a statutory tool for designating assistance when no other NEPA procedure is specified. Local housing agencies benefit from a clearer environmental review process for some HUD-administered assistance.

Who Bears the Burden and How

HUD environmental review staff must decide when assistance may be treated as special-project funds and when another procedure controls. Indian Tribes assuming review duties must carry out NEPA-related responsibilities and legal obligations for covered housing projects. Environmental reviewers must track whether HUD assistance falls under the new designation or a separate statutory process. Project opponents may have fewer procedural leverage points if review responsibility shifts to a different governmental entity.

Key Provisions

• Authorizes HUD to designate assistance as special-project funds for NEPA-related environmental review when no other procedure applies.
• Expands section 305(c) environmental review assumption authority to Indian Tribes.
• Adds Indian Tribe by reference to the Native American Housing Assistance and Self-Determination Act.
• Limits the new HUD designation so it does not override assistance with a separate review procedure specified in law.