US (United States) Code. Title 21. Chapter 43: Native american housing assistance and self-determination

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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publicidad

-CITE-

25 USC CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE

AND SELF-DETERMINATION 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

-HEAD-

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

-MISC1-

Sec.

4101. Congressional findings.

4102. Administration through Office of Native American

Programs.

4103. Definitions.

4104. Waiver of matching funds requirements in Indian

housing programs.

(a) Authorization of waiver.

(b) Extent of waiver.

(c) Definition of housing program.

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

4111. Block grants.

(a) Authority.

(b) Plan requirement.

(c) Local cooperation agreement.

(d) Exemption from taxation.

(e) Effect of failure to exempt from taxation.

(f) Amount.

(g) Use for affordable housing activities under

plan.

(h) Administrative and planning expenses.

(i) Public-private partnerships.

4112. Indian housing plans.

(a) Plan submission.

(b) 5-year plan.

(c) 1-year plan.

(d) Participation of tribally designated housing

entity.

(e) Coordination of plans.

(f) Regulations.

4113. Review of plans.

(a) Review and notice.

(b) Notice of reasons for determination of

noncompliance.

(c) Review.

(d) Updates to plan.

(e) Effective date.

4114. Treatment of program income and labor standards.

(a) Program income.

(b) Labor standards.

4115. Environmental review.

(a) In general.

(b) Procedure.

(c) Certification.

(d) Environmental compliance.

4116. Regulations.

(a) Transition requirements.

(b) Final regulations.

(c) Effective date.

4117. Authorization of appropriations.

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

4131. National objectives and eligible families.

(a) Primary objective.

(b) Eligible families.

4132. Eligible affordable housing activities.

4133. Program requirements.

(a) Rents.

(b) Maintenance and efficient operation.

(c) Insurance coverage.

(d) Eligibility for admission.

(e) Management and maintenance.

4134. Types of investments.

(a) In general.

(b) Investments.

4135. Low-income requirement and income targeting.

(a) In general.

(b) Exception.

4136. Repealed.

4137. Lease requirements and tenant selection.

(a) Leases.

(b) Tenant and homebuyer selection.

4138. Availability of records.

(a) Provision of information.

(b) Exception.

(c) Confidentiality.

4139. Noncompliance with affordable housing requirement.

4140. Continued use of amounts for affordable housing.

SUBCHAPTER III - ALLOCATION OF GRANT AMOUNTS

4151. Annual allocation.

4152. Allocation formula.

(a) Establishment.

(b) Factors for determination of need.

(c) Other factors for consideration.

(d) Funding for public housing operation and

modernization.

(e) Effective date.

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

4161. Remedies for noncompliance.

(a) Actions by Secretary affecting grant amounts.

(b) Noncompliance because of technical incapacity.

(c) Referral for civil action.

(d) Review.

4162. Replacement of recipient.

(a) Authority.

(b) Conditions of removal.

(c) Choice and term of replacement.

4163. Monitoring of compliance.

(a) Enforceable agreements.

(b) Periodic monitoring.

(c) Performance measures.

4164. Performance reports.

(a) Requirement.

(b) Content.

(c) Submission.

(d) Public availability.

4165. Review and audit by Secretary.

(a) Requirements under chapter 75 of title 31.

(b) Additional reviews and audits.

(c) Review of reports.

(d) Effect of reviews.

4166. GAO audits.

4167. Reports to Congress.

(a) In general.

(b) Related reports.

4168. Public availability of information.

SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER

INCORPORATED PROGRAMS

4181. Termination of Indian housing assistance under United

States Housing Act of 1937.

(a) Termination of assistance.

(b) Termination of restrictions on use of Indian

housing.

4182. Termination of new commitments for rental assistance.

4183. Savings provision.

(a) Existing rights and duties.

(b) Obligations under repealed provisions.

SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES

4191. Authority and requirements.

(a) Authority.

(b) Terms of loans.

(c) Limitation on outstanding guarantees.

4192. Security and repayment.

(a) Requirements on issuer.

(b) Repayment from grant amounts.

(c) Full faith and credit.

4193. Payment of interest.

4194. Training and information.

4195. Limitations on amount of guarantees.

(a) Aggregate fiscal year limitation.

(b) Authorization of appropriations for credit

subsidy.

(c) Aggregate outstanding limitation.

(d) Fiscal year limitations on tribes.

SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

4211. 50-year leasehold interest in trust or restricted

lands for housing purposes.

(a) Authority to lease.

(b) Term.

(c) Rule of construction.

(d) Self-implementation.

4212. Training and technical assistance.

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

4221. Definitions.

4222. Block grants for affordable housing activities.

(a) Grant authority.

(b) Plan requirement.

(c) Use of funds for affordable housing activities

under plan.

(d) Administrative expenses.

(e) Public-private partnerships.

4223. Housing plan.

(a) Plan submission.

(b) Five-year plan.

(c) One-year plan.

(d) Applicability of civil rights statutes.

(e) Use of nonprofit organizations.

4224. Review of plans.

(a) Review and notice.

(b) Notice of reasons for determination of

noncompliance.

(c) Review.

(d) Updates to plan.

(e) Effective date.

4225. Treatment of program income and labor standards.

(a) Program income.

(b) Labor standards.

4226. Environmental review.

(a) In general.

(b) Procedure.

(c) Certification.

4227. Regulations.

4228. Affordable housing activities.

(a) National objectives and eligible families.

4229. Eligible affordable housing activities.

(a) In general.

(b) Activities.

4230. Program requirements.

(a) Rents.

(b) Maintenance and efficient operation.

(c) Insurance coverage.

(d) Eligibility for admission.

(e) Management and maintenance.

4231. Types of investments.

(a) In general.

(b) Investments.

4232. Low-income requirement and income targeting.

(a) In general.

(b) Exception.

4233. Lease requirements and tenant selection.

(a) Leases.

(b) Tenant or homebuyer selection.

4234. Repayment.

4235. Annual allocation.

4236. Allocation formula.

(a) Establishment.

(b) Factors for determination of need.

(c) Other factors for consideration.

(d) Effective date.

4237. Remedies for noncompliance.

(a) Actions by Secretary affecting grant amounts.

(b) Noncompliance because of a technical

incapacity.

(c) Referral for civil action.

(d) Review.

4238. Monitoring of compliance.

(a) Enforceable agreements.

(b) Periodic monitoring.

(c) Performance measures.

4239. Performance reports.

(a) Requirement.

(b) Content.

(c) Submissions.

(d) Public availability.

4240. Review and audit by Secretary.

(a) Annual review.

(b) Report by Secretary.

(c) Effect of reviews.

4241. General Accounting Office audits.

4242. Reports to Congress.

(a) In general.

(b) Related reports.

4243. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 12 section 1715z-13a; title

20 section 7713; title 26 section 42; title 42 sections 1396r-1a,

1437z-6, 11902, 11903, 11904, 11905, 11908, 14614.

-End-

-CITE-

25 USC Sec. 4101 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

-HEAD-

Sec. 4101. Congressional findings

-STATUTE-

The Congress finds that -

(1) the Federal Government has a responsibility to promote the

general welfare of the Nation -

(A) by using Federal resources to aid families and

individuals seeking affordable homes in safe and healthy

environments and, in particular, assisting responsible,

deserving citizens who cannot provide fully for themselves

because of temporary circumstances or factors beyond their

control;

(B) by working to ensure a thriving national economy and a

strong private housing market; and

(C) by developing effective partnerships among the Federal

Government, State, tribal, and local governments, and private

entities that allow government to accept responsibility for

fostering the development of a healthy marketplace and allow

families to prosper without government involvement in their

day-to-day activities;

(2) there exists a unique relationship between the Government

of the United States and the governments of Indian tribes and a

unique Federal responsibility to Indian people;

(3) the Constitution of the United States invests the Congress

with plenary power over the field of Indian affairs, and through

treaties, statutes, and historical relations with Indian tribes,

the United States has undertaken a unique trust responsibility to

protect and support Indian tribes and Indian people;

(4) the Congress, through treaties, statutes, and the general

course of dealing with Indian tribes, has assumed a trust

responsibility for the protection and preservation of Indian

tribes and for working with tribes and their members to improve

their housing conditions and socioeconomic status so that they

are able to take greater responsibility for their own economic

condition;

(5) providing affordable homes in safe and healthy environments

is an essential element in the special role of the United States

in helping tribes and their members to improve their housing

conditions and socioeconomic status;

(6) the need for affordable homes in safe and healthy

environments on Indian reservations, in Indian communities, and

in Native Alaskan villages is acute and the Federal Government

should work not only to provide housing assistance, but also, to

the extent practicable, to assist in the development of private

housing finance mechanisms on Indian lands to achieve the goals

of economic self-sufficiency and self-determination for tribes

and their members; and

(7) Federal assistance to meet these responsibilities should be

provided in a manner that recognizes the right of Indian

self-determination and tribal self-governance by making such

assistance available directly to the Indian tribes or tribally

designated entities under authorities similar to those accorded

Indian tribes in Public Law 93-638 (25 U.S.C. 450 et seq.).

-SOURCE-

(Pub. L. 104-330, Sec. 2, Oct. 26, 1996, 110 Stat. 4017.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 93-638, referred to in par. (7), is Pub. L. 93-638,

Jan. 4, 1975, 88 Stat. 2203, as amended, known as the Indian

Self-Determination and Education Assistance Act, which is

classified principally to subchapter II (Sec. 450 et seq.) of

chapter 14 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 450 of this

title and Tables.

-MISC1-

EFFECTIVE DATE

Section 107 of Pub. L. 104-330 provided that: "Except as

otherwise expressly provided in this Act [see Short Title note

below], this Act and the amendments made by this Act shall take

effect on October 1, 1997."

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-292, Sec. 1, Nov. 13, 2002, 116 Stat. 2053, provided

that: "This Act [amending sections 4103, 4111, 4114, 4116, 4117,

4132, 4191, 4195, and 4212 of this title and section 1715z-13a of

Title 12, Banks and Banking] may be cited as the 'Native American

Housing Assistance and Self-Determination Reauthorization Act of

2002'."

SHORT TITLE OF 2000 AMENDMENTS

Pub. L. 106-569, title V, Sec. 511, Dec. 27, 2000, 114 Stat.

2966, provided that: "This subtitle [subtitle B (Secs. 511-514) of

title V of Pub. L. 106-569, enacting subchapter VIII of this

chapter, section 1715z-13b of Title 12, Banks and Banking, and

provisions set out as notes under section 4221 of this title] may

be cited as the 'Hawaiian Homelands Homeownership Act of 2000'."

Pub. L. 106-568, Sec. 1, Dec. 27, 2000, 114 Stat. 2868, provided

that: "This Act [see Tables for classification] may be cited as the

'Omnibus Indian Advancement Act'."

Pub. L. 106-568, title II, Sec. 201, Dec. 27, 2000, 114 Stat.

2872, provided that: "This title [enacting subchapter VIII of this

chapter, section 1715z-13b of Title 12, Banks and Banking, and

provisions set out as notes under section 4221 of this title] may

be cited as the 'Hawaiian Homelands Homeownership Act of 2000'."

SHORT TITLE

Section 1(a) of Pub. L. 104-330 provided that: "This Act

[enacting this chapter and section 12899h-1 of Title 42, The Public

Health and Welfare, amending sections 1715z-13a and 1721 of Title

12, Banks and Banking, and sections 1437a, 1437c to 1437e, 1437g,

1437l, 1437n, 1437u to 1437x, 1437aaa-5, 1437aaa-6, 1439, 11371 to

11376, 11382, 11401, 11403g, 11408, 11902 to 11905, 12747, and

12838 of Title 42, repealing sections 1437aa to 1437ee of Title 42,

enacting provisions set out as notes under this section and

sections 4181 and 4211 of this title and sections 11371, 12747, and

12899h-1 of Title 42, amending provisions set out as a note under

section 11301 of Title 42, and repealing provisions set out as a

note under section 1701z-6 of Title 12] may be cited as the 'Native

American Housing Assistance and Self-Determination Act of 1996'."

-End-

-CITE-

25 USC Sec. 4102 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

-HEAD-

Sec. 4102. Administration through Office of Native American

Programs

-STATUTE-

The Secretary of Housing and Urban Development shall carry out

this chapter through the Office of Native American Programs of the

Department of Housing and Urban Development.

-SOURCE-

(Pub. L. 104-330, Sec. 3, Oct. 26, 1996, 110 Stat. 4018.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as

amended, 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.

-MISC1-

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.

-End-

-CITE-

25 USC Sec. 4103 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

-HEAD-

Sec. 4103. Definitions

-STATUTE-

For purposes of this chapter, the following definitions shall

apply:

(1) Adjusted income

The term "adjusted income" means the annual income that remains

after excluding the following amounts:

(A) Youths, students, and persons with disabilities

$480 for each member of the family residing in the household

(other than the head of the household or the spouse of the head

of the household) -

(i) who is under 18 years of age; or

(ii) who is -

(I) 18 years of age or older; and

(II) a person with disabilities or a full-time student.

(B) Elderly and disabled families

$400 for an elderly or disabled family.

(C) Medical and attendant expenses

The amount by which 3 percent of the annual income of the

family is exceeded by the aggregate of -

(i) medical expenses, in the case of an elderly or disabled

family; and

(ii) reasonable attendant care and auxiliary apparatus

expenses for each family member who is a person with

disabilities, to the extent necessary to enable any member of

the family (including a member who is a person with

disabilities) to be employed.

(D) Child care expenses

Child care expenses, to the extent necessary to enable

another member of the family to be employed or to further his

or her education.

(E) Earned income of minors

The amount of any earned income of any member of the family

who is less than 18 years of age.

(F) Travel expenses

Excessive travel expenses, not to exceed $25 per family per

week, for employment- or education-related travel.

(G) Other amounts

Such other amounts as may be provided in the Indian housing

plan for an Indian tribe.

(2) Affordable housing

The term "affordable housing" means housing that complies with

the requirements for affordable housing under subchapter II of

this chapter. The term includes permanent housing for homeless

persons who are persons with disabilities, transitional housing,

and single room occupancy housing.

(3) Drug-related criminal activity

The term "drug-related criminal activity" means the illegal

manufacture, sale, distribution, use, or possession with intent

to manufacture, sell, distribute, or use, of a controlled

substance (as such term is defined in section 802 of title 21).

(4) Elderly families and near-elderly families

The terms "elderly family" and "near-elderly family" mean a

family whose head (or his or her spouse), or whose sole member,

is an elderly person or a near-elderly person, respectively. Such

terms include 2 or more elderly persons or near-elderly persons

living together, and 1 or more such persons living with 1 or more

persons determined under the Indian housing plan for the agency

to be essential to their care or well-being.

(5) Elderly person

The term "elderly person" means a person who is at least 62

years of age.

(6) Family

The term "family" includes a family with or without children,

an elderly family, a near-elderly family, a disabled family, and

a single person.

(7) Grant beneficiary

The term "grant beneficiary" means the Indian tribe or tribes

on behalf of which a grant is made under this chapter to a

recipient.

(8) Income

The term "income" means income from all sources of each member

of the household, as determined in accordance with criteria

prescribed by the Secretary, except that the following amounts

may not be considered as income under this paragraph:

(A) Any amounts not actually received by the family.

(B) Any amounts that would be eligible for exclusion under

section 1382b(a)(7) of title 42.

(9) Indian

The term "Indian" means any person who is a member of an Indian

tribe.

(10) Indian area

The term "Indian area" means the area within which an Indian

tribe or a tribally designated housing entity, as authorized by 1

or more Indian tribes, provides assistance under this chapter for

affordable housing.

(11) Indian housing plan

The term "Indian housing plan" means a plan under section 4112

of this title.

(12) Indian tribe

(A) In general

The term "Indian tribe" means a tribe that is a federally

recognized tribe or a State recognized tribe.

(B) Federally recognized tribe

The term "federally recognized tribe" means any Indian tribe,

band, nation, or other organized group or community of Indians,

including any Alaska Native village or regional or village

corporation as defined in or established pursuant to the Alaska

Native Claims Settlement Act [43 U.S.C. 1601 et seq.], that is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their

status as Indians pursuant to the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450 et seq.).

(C) State recognized tribe

(i) In general

The term "State recognized tribe" means any tribe, band,

nation, pueblo, village, or community -

(I) that has been recognized as an Indian tribe by any

State; and

(II) for which an Indian Housing Authority has, before

the effective date under section 705, entered into a

contract with the Secretary pursuant to the United States

Housing Act of 1937 [42 U.S.C. 1437 et seq.] for housing

for Indian families and has received funding pursuant to

such contract within the 5-year period ending upon such

effective date.

(ii) Conditions

Notwithstanding clause (i) -

(I) the allocation formula under section 4152 of this

title shall be determined for a State recognized tribe

under tribal membership eligibility criteria in existence

on October 26, 1996; and

(II) nothing in this paragraph shall be construed to

confer upon a State recognized tribe any rights,

privileges, responsibilities, or obligations otherwise

accorded groups recognized as Indian tribes by the United

States for other purposes.

(13) Low-income family

The term "low-income family" means a family whose income does

not exceed 80 percent of the median income for the area, as

determined by the Secretary with adjustments for smaller and

larger families, except that the Secretary may, for purposes of

this paragraph, establish income ceilings higher or lower than 80

percent of the median for the area on the basis of the findings

of the Secretary or the agency that such variations are necessary

because of prevailing levels of construction costs or unusually

high or low family incomes.

(14) Median income

The term "median income" means, with respect to an area that is

an Indian area, the greater of -

(A) the median income for the Indian area, which the

Secretary shall determine; or

(B) the median income for the United States.

(15) Near-elderly person

The term "near-elderly person" means a person who is at least

55 years of age and less than 62 years of age.

(16) Nonprofit

The term "nonprofit" means, with respect to an organization,

association, corporation, or other entity, that no part of the

net earnings of the entity inures to the benefit of any member,

founder, contributor, or individual.

(17) Person with disabilities

The term "person with disabilities" means a person who -

(A) has a disability as defined in section 423 of title 42;

(B) is determined, pursuant to regulations issued by the

Secretary, to have a physical, mental, or emotional impairment

which -

(i) is expected to be of long-continued and indefinite

duration;

(ii) substantially impedes his or her ability to live

independently; and

(iii) is of such a nature that such ability could be

improved by more suitable housing conditions; or

(C) has a developmental disability as defined in section

15002 of title 42.

Such term shall not exclude persons who have the disease of

acquired immunodeficiency syndrome or any conditions arising from

the etiologic agent for acquired immunodeficiency syndrome.

Notwithstanding any other provision of law, no individual shall

be considered a person with disabilities, for purposes of

eligibility for housing assisted under this chapter, solely on

the basis of any drug or alcohol dependence. The Secretary shall

consult with other appropriate Federal agencies to implement the

preceding sentence.

(18) Recipient

The term "recipient" means an Indian tribe or the entity for

one or more Indian tribes that is authorized to receive grant

amounts under this chapter on behalf of the tribe or tribes.

(19) Secretary

Except as otherwise specifically provided in this chapter, the

term "Secretary" means the Secretary of Housing and Urban

Development.

(20) State

The term "State" means the States of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, Guam, the Virgin

Islands, American Samoa, and any other territory or possession of

the United States and Indian tribes.

(21) Tribally designated housing entity

The terms "tribally designated housing entity" and "housing

entity" have the following meaning:

(A) Existing IHA's

With respect to any Indian tribe that has not taken action

under subparagraph (B), and for which an Indian housing

authority -

(i) was established for purposes of the United States

Housing Act of 1937 [42 U.S.C. 1437 et seq.] before October

26, 1996, that meets the requirements under the United States

Housing Act of 1937,

(ii) is acting on October 26, 1996, as the Indian housing

authority for the tribe, and

(iii) is not an Indian tribe for purposes of this chapter,

the terms mean such Indian housing authority.

(B) Other entities

With respect to any Indian tribe that, pursuant to this

chapter, authorizes an entity other than the tribal government

to receive grant amounts and provide assistance under this

chapter for affordable housing for Indians, which entity is

established -

(i) by exercise of the power of self-government of one or

more Indian tribes independent of State law, or

(ii) by operation of State law providing specifically for

housing authorities or housing entities for Indians,

including regional housing authorities in the State of

Alaska,

the terms mean such entity.

(C) Establishment

A tribally designated housing entity may be authorized or

established by one or more Indian tribes to act on behalf of

each such tribe authorizing or establishing the housing entity.

(22) Housing related community development

(A) In general

The term "housing related community development" means any

tribally-owned and operated facility, business, activity, or

infrastructure that -

(i) is necessary to the direct construction of reservation

housing; and

(ii) would help an Indian tribe or its tribally-designated

housing authority reduce the cost of construction of Indian

housing or otherwise promote the findings of this chapter.

(B) Exclusion

The term "housing and community development" does not include

any activity conducted by any Indian tribe under the Indian

Gaming Regulatory Act [25 U.S.C. 2701 et seq.].

-SOURCE-

(Pub. L. 104-330, Sec. 4, Oct. 26, 1996, 110 Stat. 4018; Pub. L.

105-256, Sec. 13(b), Oct. 14, 1998, 112 Stat. 1900; Pub. L.

105-276, title V, Sec. 595(e)(1), (2), Oct. 21, 1998, 112 Stat.

2656; Pub. L. 106-402, title IV, Sec. 401(b)(2), Oct. 30, 2000, 114

Stat. 1737; Pub. L. 107-292, Sec. 3, Nov. 13, 2002, 116 Stat.

2053.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par.

(12)(B), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

The Indian Self-Determination and Education Assistance Act,

referred to in par. (12)(B), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

For the effective date under section 705, referred to in par.

(12)(C)(i)(II), as Oct. 26, 1996, see section 705 of Pub. L.

104-330, set out as an Effective Date note under section 4211 of

this title.

The United States Housing Act of 1937, referred to in pars.

(12)(C)(i)(II) and (21)(A)(i), is act Sept. 1, 1937, ch. 896, as

revised generally by Pub. L. 93-383, title II, Sec. 201(a), Aug.

22, 1974, 88 Stat. 653, which is classified generally to chapter 8

(Sec. 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.

The Indian Gaming Regulatory Act, referred to in par. (22)(B), is

Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, as amended, which

is classified principally to chapter 29 (Sec. 2701 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2701 of this title and

Tables.

-MISC1-

AMENDMENTS

2002 - Par. (22). Pub. L. 107-292 added par. (22).

2000 - Par. (17)(C). Pub. L. 106-402 substituted "as defined in

section 15002 of title 42" for "as defined in section 6001 of title

42".

1998 - Par. (10). Pub. L. 105-276, Sec. 595(e)(1), amended

heading and text of par. (10) generally. Prior to amendment, text

read as follows: "The term 'Indian area' means the area within

which a tribally designated housing entity is authorized by one or

more Indian tribes to provide assistance under this chapter for

affordable housing."

Par. (12)(B). Pub. L. 105-256 substituted "Indian

Self-Determination and Education Assistance Act (25 U.S.C. 450 et

seq.)" for "Indian Self-Determination and Education Assistance Act

of 1975".

Par. (12)(C)(i)(II). Pub. L. 105-276, Sec. 595(e)(2), substituted

"705" for "107".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 11905.

-End-

-CITE-

25 USC Sec. 4104 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

-HEAD-

Sec. 4104. Waiver of matching funds requirements in Indian housing

programs

-STATUTE-

(a) Authorization of waiver

For any housing program that provides assistance through any

Indian housing authority, the Secretary of Housing and Urban

Development may provide assistance under such program in any fiscal

year notwithstanding any other provision of law that requires the

Indian housing authority to provide amounts to match or supplement

the amounts provided under such program, if the Indian housing

authority has not received amounts for such fiscal year under title

I of the Housing and Community Development Act of 1974 [42 U.S.C.

5301 et seq.].

(b) Extent of waiver

The authority under subsection (a) of this section to provide

assistance notwithstanding requirements regarding matching or

supplemental amounts shall be effective only to the extent provided

by the Secretary, which shall not extend beyond the fiscal year in

which the waiver is made or beyond the receipt of any amounts by an

Indian housing authority under title I of the Housing and Community

Development Act of 1974 [42 U.S.C. 5301 et seq.].

(c) Definition of housing program

For purposes of this section, the term "housing program" means a

program under the administration of the Secretary of Housing and

Urban Development or the Secretary of Agriculture (through the

Administrator of the Farmers Home Administration) that provides

assistance in the form of contracts, grants, loans, cooperative

agreements, or any other form of assistance (including the

insurance or guarantee of a loan, mortgage, or pool of mortgages)

for housing.

-SOURCE-

(Pub. L. 101-625, title IX, Sec. 959, Nov. 28, 1990, 104 Stat.

4423.)

-REFTEXT-

REFERENCES IN TEXT

The Housing and Community Development Act of 1974, referred to in

subsecs. (a) and (b), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat.

633, as amended. Title I of the Act is classified principally to

chapter 69 (Sec. 5301 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 5301 of Title 42 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Cranston-Gonzalez National

Affordable Housing Act, and not as part of the Native American

Housing Assistance and Self-Determination Act of 1996 which

comprises this chapter.

Section was formerly classified to section 1437ff of Title 42,

The Public Health and Welfare.

-End-

-CITE-

25 USC SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-HEAD-

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4192 of this title.

-End-

-CITE-

25 USC Sec. 4111 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-HEAD-

Sec. 4111. Block grants

-STATUTE-

(a) Authority

For each fiscal year, the Secretary shall (to the extent amounts

are made available to carry out this chapter) make grants under

this section on behalf of Indian tribes to carry out affordable

housing activities. Under such a grant on behalf of an Indian

tribe, the Secretary shall provide the grant amounts for the tribe

directly to the recipient for the tribe.

(b) Plan requirement

(1) In general

The Secretary may make a grant under this chapter on behalf of

an Indian tribe for a fiscal year only if -

(A) the Indian tribe has submitted to the Secretary an Indian

housing plan for such fiscal year under section 4112 of this

title; and

(B) the plan has been determined under section 4113 of this

title to comply with the requirements of section 4112 of this

title.

(2) Waiver

The Secretary may waive the applicability of the requirements

under paragraph (1), in whole or in part, for a period of not

more than 90 days, if the Secretary determines that an Indian

tribe has not complied with, or is unable to comply with, those

requirements due to exigent circumstances beyond the control of

the Indian tribe.

(c) Local cooperation agreement

Notwithstanding any other provision of this chapter, grant

amounts provided under this chapter on behalf of an Indian tribe

may not be used for rental or lease-purchase homeownership units

that are owned by the recipient for the tribe unless the governing

body of the locality within which the property subject to the

development activities to be assisted with the grant amounts is or

will be situated has entered into an agreement with the recipient

for the tribe providing for local cooperation required by the

Secretary pursuant to this chapter. The Secretary may waive the

requirements of this subsection and subsection (d) of this section

if the recipient has made a good faith effort to fulfill the

requirements of this subsection and subsection (d) of this section

and agrees to make payments in lieu of taxes to the appropriate

taxing authority in an amount consistent with the requirements of

subsection (d)(2) of this section until such time as the matter of

making such payments has been resolved in accordance with

subsection (d) of this section.

(d) Exemption from taxation

Notwithstanding any other provision of this chapter, grant

amounts provided under this chapter on behalf of an Indian tribe

may not be used for affordable housing activities under this

chapter for rental or lease-purchase dwelling units developed under

the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or

with amounts provided under this chapter that are owned by the

recipient for the tribe unless -

(1) such dwelling units (which, in the case of units in a

multi-unit project, shall be exclusive of any portions of the

project not developed under the United States Housing Act of 1937

[42 U.S.C. 1437 et seq.] or with amounts provided under this

chapter) are exempt from all real and personal property taxes

levied or imposed by any State, tribe, city, county, or other

political subdivision; and

(2) the recipient for the tribe makes annual payments of user

fees to compensate such governments for the costs of providing

governmental services, including police and fire protection,

roads, water and sewerage systems, utilities systems and related

facilities, or payments in lieu of taxes to such taxing

authority, in an amount equal to the greater of $150 per dwelling

unit or 10 percent of the difference between the shelter rent and

the utility cost, or such lesser amount as -

(A) is prescribed by State, tribal, or local law;

(B) is agreed to by the local governing body in the agreement

under subsection (c) of this section; or

(C) the recipient and the local governing body agree that

such user fees or payments in lieu of taxes shall not be made.

(e) Effect of failure to exempt from taxation

Notwithstanding subsection (d) of this section, a grant recipient

that does not comply with the requirements under such subsection

may receive a block grant under this chapter, but only if the

tribe, State, city, county, or other political subdivision in which

the affordable housing development is located contributes, in the

form of cash or tax remission, the amount by which the taxes paid

with respect to the development exceed the amounts prescribed in

subsection (d)(2) of this section.

(f) Amount

Except as otherwise provided under this chapter, the amount of a

grant under this section to a recipient for a fiscal year shall be

-

(1) in the case of a recipient whose grant beneficiary is a

single Indian tribe, the amount of the allocation under section

4151 of this title for the Indian tribe; and

(2) in the case of a recipient whose grant beneficiary is more

than 1 Indian tribe, the sum of the amounts of the allocations

under section 4151 of this title for each such Indian tribe.

(g) Use for affordable housing activities under plan

Except as provided in subsection (h) of this section, amounts

provided under a grant under this section may be used only for

affordable housing activities under subchapter II of this chapter

that are consistent with an Indian housing plan approved under

section 4113 of this title.

(h) Administrative and planning expenses

The Secretary shall, by regulation, authorize each recipient to

use a percentage of any grant amounts received under this chapter

for comprehensive housing and community development planning

activities and for any reasonable administrative and planning

expenses of the recipient relating to carrying out this chapter and

activities assisted with such amounts, which may include costs for

salaries of individuals engaged in administering and managing

affordable housing activities assisted with grant amounts provided

under this chapter and expenses of preparing an Indian housing plan

under section 4112 of this title.

(i) Public-private partnerships

Each recipient shall make all reasonable efforts, consistent with

the purposes of this chapter, to maximize participation by the

private sector, including nonprofit organizations and for-profit

entities, in implementing the approved Indian housing plan.

-SOURCE-

(Pub. L. 104-330, title I, Sec. 101, Oct. 26, 1996, 110 Stat. 4022;

Pub. L. 105-276, title V, Sec. 595(e)(3), (4), Oct. 21, 1998, 112

Stat. 2656, 2657; Pub. L. 106-568, title X, Sec. 1003(a), Dec. 27,

2000, 114 Stat. 2925; Pub. L. 106-569, title V, Sec. 503(a), Dec.

27, 2000, 114 Stat. 2961; Pub. L. 107-292, Sec. 4, Nov. 13, 2002,

116 Stat. 2054.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as

amended, 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.

The United States Housing Act of 1937, referred to in subsec.

(d), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.

93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which

is classified generally to chapter 8 (Sec. 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.

-MISC1-

AMENDMENTS

2002 - Subsec. (h). Pub. L. 107-292 inserted "and planning" after

"Administrative" in heading and "for comprehensive housing and

community development planning activities and" after "received

under this chapter" in text.

2000 - Subsec. (b)(2). Pub. L. 106-568, Sec. 1003(a)(1), and Pub.

L. 106-569, Sec. 503(a)(1), amended par. (2) identically,

substituting "for a period of not more than 90 days, if the

Secretary determines that an Indian tribe has not complied with, or

is unable to comply with, those requirements due to exigent

circumstances beyond the control of the Indian tribe." for "if the

Secretary finds that an Indian tribe has not complied or cannot

comply with such requirements due to circumstances beyond the

control of the tribe."

Subsec. (c). Pub. L. 106-568, Sec. 1003(a)(2), and Pub. L.

106-569, Sec. 503(a)(2), amended subsec. (c) identically, inserting

at end "The Secretary may waive the requirements of this subsection

and subsection (d) of this section if the recipient has made a good

faith effort to fulfill the requirements of this subsection and

subsection (d) of this section and agrees to make payments in lieu

of taxes to the appropriate taxing authority in an amount

consistent with the requirements of subsection (d)(2) of this

section until such time as the matter of making such payments has

been resolved in accordance with subsection (d) of this section."

1998 - Subsec. (c). Pub. L. 105-276, Sec. 595(e)(3), reenacted

heading without change and amended text generally. Prior to

amendment, text read as follows: "The Secretary may not make any

grant under this chapter on behalf of an Indian tribe unless the

governing body of the locality within which any affordable housing

to be assisted with the grant amounts will be situated has entered

into an agreement with the recipient for the tribe providing for

local cooperation required by the Secretary pursuant to this

chapter."

Subsec. (d). Pub. L. 105-276, Sec. 595(e)(4)(A), added subsec.

(d) heading, introductory provisions, and par. (1), and struck out

former subsec. (d) heading, introductory provisions, and par. (1).

Text read as follows: "A grant recipient for an Indian tribe may

receive a block grant under this chapter only if -

"(1) the affordable housing assisted with grant amounts

received by the recipient (exclusive of any portions not assisted

with amounts provided under this chapter) is exempt from all real

and personal property taxes levied or imposed by any State,

tribe, city, county, or other political subdivision; and".

Subsec. (d)(2). Pub. L. 105-276, Sec. 595(e)(4)(B), inserted "for

the tribe" after "the recipient" in introductory provisions.

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.

-End-

-CITE-

25 USC Sec. 4112 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-HEAD-

Sec. 4112. Indian housing plans

-STATUTE-

(a) Plan submission

The Secretary shall provide -

(1)(A) for an Indian tribe to submit to the Secretary, for each

fiscal year, a housing plan under this section for the tribe; or

(B) for the tribally designated housing entity for the tribe to

submit the plan as provided in subsection (d) of this section for

the tribe; and

(2) for the review of such plans.

(b) 5-year plan

Each housing plan under this section shall be in a form

prescribed by the Secretary and shall contain, with respect to the

5-year period beginning with the fiscal year for which the plan is

submitted, the following information:

(1) Mission statement

A general statement of the mission of the Indian tribe to serve

the needs of the low-income families in the jurisdiction of the

Indian tribe during the period.

(2) Goals and objectives

A statement of the goals and objectives of the Indian tribe to

enable the tribe to serve the needs identified in paragraph (1)

during the period.

(3) Activities plan

An overview of the activities planned during the period

including an analysis of the manner in which the activities will

enable the tribe to meet its mission, goals, and objectives.

(c) 1-year plan

A housing plan under this section for an Indian tribe shall be in

a form prescribed by the Secretary and contain the following

information relating to the upcoming fiscal year for which the

assistance under this chapter is to be made available:

(1) Goals and objectives

A statement of the goals and objectives to be accomplished

during that period.

(2) Statement of needs

A statement of the housing needs of the low-income Indian

families residing in the jurisdiction of the Indian tribe and the

means by which such needs will be addressed during the period,

including -

(A) a description of the estimated housing needs and the need

for assistance for the low-income Indian families in the

jurisdiction, including a description of the manner in which

the geographical distribution of assistance is consistent with

the geographical needs and needs for various categories of

housing assistance; and

(B) a description of the estimated housing needs for all

Indian families in the jurisdiction.

(3) Financial resources

An operating budget for the recipient, in a form prescribed by

the Secretary, that includes -

(A) an identification and a description of the financial

resources reasonably available to the recipient to carry out

the purposes of this chapter, including an explanation of the

manner in which amounts made available will leverage additional

resources; and

(B) the uses to which such resources will be committed,

including eligible and required affordable housing activities

under subchapter II of this chapter and administrative

expenses.

(4) Affordable housing resources

A statement of the affordable housing resources currently

available and to be made available during the period, including -

(A) a description of the significant characteristics of the

housing market in the jurisdiction, including the availability

of housing from other public sources, private market housing,

and the manner in which such characteristics influence the

decision of the recipient to use grant amounts to be provided

under this chapter for rental assistance, production of new

units, acquisition of existing units, or rehabilitation of

units;

(B) a description of the structure, coordination, and means

of cooperation between the recipient and any other governmental

entities in the development, submission, or implementation of

housing plans, including a description of the involvement of

private, public, and nonprofit organizations and institutions,

and the use of loan guarantees under section 1715z-13a of title

12, and other housing assistance provided by the Federal

Government for Indian tribes, including loans, grants, and

mortgage insurance;

(C) a description of the manner in which the plan will

address the needs identified pursuant to paragraph (2);

(D) a description of the manner in which the recipient will

protect and maintain the viability of housing owned and

operated by the recipient that was developed under a contract

between the Secretary and an Indian housing authority pursuant

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

seq.];

(E) a description of any existing and anticipated

homeownership programs and rental programs to be carried out

during the period, and the requirements and assistance

available under such programs;

(F) a description of any existing and anticipated housing

rehabilitation programs necessary to ensure the long-term

viability of the housing to be carried out during the period,

and the requirements and assistance available under such

programs;

(G) a description of all other existing or anticipated

housing assistance provided by the recipient during the period,

including transitional housing, homeless housing, college

housing, supportive services housing, and the requirements and

assistance available under such programs;

(H) a description of any housing to be demolished or disposed

of, a timetable for such demolition or disposition, and any

other information required by the Secretary with respect to

such demolition or disposition;

(I) a description of the manner in which the recipient will

coordinate with tribal and State welfare agencies to ensure

that residents of such housing will be provided with access to

resources to assist in obtaining employment and achieving

self-sufficiency;

(J) a description of the requirements established by the

recipient to promote the safety of residents of such housing,

facilitate the undertaking of crime prevention measures, allow

resident input and involvement, including the establishment of

resident organizations, and allow for the coordination of crime

prevention activities between the recipient and tribal and

local law enforcement officials; and

(K) a description of the entity that will carry out the

activities under the plan, including the organizational

capacity and key personnel of the entity.

(5) Certification of compliance

Evidence of compliance which shall include, as appropriate -

(A) a certification that the recipient will comply with title

II of the Civil Rights Act of 1968 [25 U.S.C. 1301 et seq.] in

carrying out this chapter, to the extent that such title is

applicable, and other applicable Federal statutes;

(B) a certification that the recipient will maintain adequate

insurance coverage for housing units that are owned and

operated or assisted with grant amounts provided under this

chapter, in compliance with such requirements as may be

established by the Secretary;

(C) a certification that policies are in effect and are

available for review by the Secretary and the public governing

the eligibility, admission, and occupancy of families for

housing assisted with grant amounts provided under this

chapter;

(D) a certification that policies are in effect and are

available for review by the Secretary and the public governing

rents charged, including the methods by which such rents or

homebuyer payments are determined, for housing assisted with

grant amounts provided under this chapter; and

(E) a certification that policies are in effect and are

available for review by the Secretary and the public governing

the management and maintenance of housing assisted with grant

amounts provided under this chapter.

(6) Certain families

With respect to assistance provided under section 4131(b)(2) of

this title by a recipient to Indian families that are not

low-income families, evidence that there is a need for housing

for each such family during that period that cannot reasonably be

met without such assistance.

(d) Participation of tribally designated housing entity

A plan under this section for an Indian tribe may be prepared and

submitted on behalf of the tribe by the tribally designated housing

entity for the tribe, but only if such plan contains a

certification by the recognized tribal government of the grant

beneficiary that such tribe -

(1) has had an opportunity to review the plan and has

authorized the submission of the plan by the housing entity; or

(2) has delegated to such tribally designated housing entity

the authority to submit a plan on behalf of the tribe without

prior review by the tribe.

(e) Coordination of plans

A plan under this section may cover more than 1 Indian tribe, but

only if the certification requirements under subsection (d) of this

section are complied with by each such grant beneficiary covered.

(f) Regulations

The requirements relating to the contents of plans under this

section shall be established by regulation, pursuant to section

4116 of this title.

-SOURCE-

(Pub. L. 104-330, title I, Sec. 102, Oct. 26, 1996, 110 Stat. 4023;

Pub. L. 105-276, title V, Sec. 595(e)(5), Oct. 21, 1998, 112 Stat.

2657; Pub. L. 106-568, title X, Sec. 1003(b), (c), Dec. 27, 2000,

114 Stat. 2926; Pub. L. 106-569, title V, Sec. 503(b), (c), Dec.

27, 2000, 114 Stat. 2962.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in subsec.

(c)(4)(D), is act Sept. 1, 1937, ch. 896, as revised generally by

Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

which is classified generally to chapter 8 (Sec. 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.

The Civil Rights Act of 1968, referred to in subsec. (c)(5)(A),

is Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 73, as amended. Title II

of the Act is classified generally to subchapter I (Sec. 1301 et

seq.) of chapter 15 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

3601 of Title 42 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(6). Pub. L. 106-568, Sec. 1003(b), and Pub. L.

106-569, Sec. 503(b), amended subsec. (c) identically, adding par.

(6).

Subsecs. (f), (g). Pub. L. 106-568, Sec. 1003(c), and Pub. L.

106-569, Sec. 503(c), amended section identically, redesignating

subsec. (g) as (f) and striking out heading and text of former

subsec. (f). Text read as follows:

"(1) Separate requirements. - The Secretary may -

"(A) establish requirements for submission of plans under this

section and the information to be included in such plans

applicable to small Indian tribes and small tribally designated

housing entities; and

"(B) waive any requirements under this section that the

Secretary determines are burdensome or unnecessary for such

tribes and housing entities.

"(2) Small tribes. - The Secretary may define small Indian tribes

and small tribally designated housing entities based on the number

of dwelling units assisted under this subchapter by the tribe or

housing entity or owned or operated pursuant to a contract under

the United States Housing Act of 1937 between the Secretary and the

Indian housing authority for the tribe."

1998 - Subsec. (a). Pub. L. 105-276 redesignated par. (1) as

(1)(A), par. (2) as (1)(B), and par. (3) as (2), and inserted "or"

at end of par. (1)(A).

EFFECTIVE DATE

Section effective on the date provided by the Secretary of

Housing and Urban Development pursuant to section 4116(a) of this

title to provide for timely submission and review of Indian housing

plans as necessary for the provision of assistance under this

chapter in fiscal year 1998, see section 4113(e) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4103, 4111, 4113 of this

title.

-End-

-CITE-

25 USC Sec. 4113 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-HEAD-

Sec. 4113. Review of plans

-STATUTE-

(a) Review and notice

(1) Review

The Secretary shall conduct a limited review of each Indian

housing plan submitted to the Secretary to ensure that the plan

complies with the requirements of section 4112 of this title. The

Secretary shall have the discretion to review a plan only to the

extent that the Secretary considers review is necessary.

(2) Notice

The Secretary shall notify each Indian tribe for which a plan

is submitted and any tribally designated housing entity for the

tribe whether the plan complies with such requirements not later

than 60 days after receiving the plan. If the Secretary does not

notify the Indian tribe, as required under this subsection and

subsection (b) of this section, the plan shall be considered, for

purposes of this chapter, to have been determined to comply with

the requirements under section 4112 of this title and the tribe

shall be considered to have been notified of compliance upon the

expiration of such 60-day period.

(b) Notice of reasons for determination of noncompliance

If the Secretary determines that a plan, as submitted, does not

comply with the requirements under section 4112 of this title, the

Secretary shall specify in the notice under subsection (a) of this

section the reasons for the noncompliance and any modifications

necessary for the plan to meet the requirements under section 4112

of this title.

(c) Review

After submission of the Indian housing plan or any amendment or

modification to the plan to the Secretary, to the extent that the

Secretary considers such action to be necessary to make

determinations under this subsection, the Secretary shall review

the plan (including any amendments or modifications thereto) to

determine whether the contents of the plan -

(1) set forth the information required by section 4112 of this

title to be contained in an Indian housing plan;

(2) are consistent with information and data available to the

Secretary; and

(3) are not prohibited by or inconsistent with any provision of

this chapter or other applicable law.

If the Secretary determines that any of the appropriate

certifications required under section 4112(c)(5) of this title are

not included in the plan, the plan shall be deemed to be

incomplete.

(d) Updates to plan

After a plan under section 4112 of this title has been submitted

for an Indian tribe for any fiscal year, the tribe may comply with

the provisions of such section for any succeeding fiscal year (with

respect to information included for the 5-year period under section

4112(b) of this title or the 1-year period under section 4112(c) of

this title) by submitting only such information regarding such

changes as may be necessary to update the plan previously

submitted. Not less than once every 5 years, the tribe shall submit

a complete plan.

(e) Effective date

This section and section 4112 of this title shall take effect on

the date provided by the Secretary pursuant to section 4116(a) of

this title to provide for timely submission and review of Indian

housing plans as necessary for the provision of assistance under

this chapter in fiscal year 1998.

-SOURCE-

(Pub. L. 104-330, title I, Sec. 103, Oct. 26, 1996, 110 Stat. 4026;

Pub. L. 105-276, title V, Sec. 595(e)(6), Oct. 21, 1998, 112 Stat.

2657.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(3). Pub. L. 105-276 inserted "not" before

"prohibited".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4111 of this title.

-End-

-CITE-

25 USC Sec. 4114 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-HEAD-

Sec. 4114. Treatment of program income and labor standards

-STATUTE-

(a) Program income

(1) Authority to retain

Notwithstanding any other provision of this chapter, a

recipient may retain any program income that is realized from any

grant amounts under this chapter if -

(A) such income was realized after the initial disbursement

of the grant amounts received by the recipient; and

(B) the recipient has agreed that it will utilize such income

for housing related activities in accordance with this chapter.

(2) Prohibition of restricted access or reduction of grant

The Secretary may not reduce the grant amount for any Indian

tribe based solely on -

(A) whether the recipient for the tribe retains program

income under paragraph (1);

(B) the amount of any such program income retained;

(C) whether the recipient retains reserve amounts described

in section 4140 of this title; or

(D) whether the recipient has expended retained program

income for housing-related activities.

(3) Exclusion of amounts

The Secretary may, by regulation, exclude from consideration as

program income any 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 sections 3141-3144, 3146,

and 3147 of title 40, 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.

(3) Application of tribal laws

Paragraph (1) shall not apply to any contract or agreement for

assistance, sale, or lease pursuant to this chapter, if such

contract or agreement is otherwise covered by one or more laws or

regulations adopted by an Indian tribe that requires the payment

of not less than prevailing wages, as determined by the Indian

tribe.

-SOURCE-

(Pub. L. 104-330, title I, Sec. 104, Oct. 26, 1996, 110 Stat. 4027;

Pub. L. 106-568, title X, Sec. 1003(j), Dec. 27, 2000, 114 Stat.

2930; Pub. L. 106-569, title V, Sec. 503(i), Dec. 27, 2000, 114

Stat. 2965; Pub. L. 107-292, Sec. 5, Nov. 13, 2002, 116 Stat.

2054.)

-COD-

CODIFICATION

"Sections 3141-3144, 3146, and 3147 of title 40" substituted in

subsec. (b)(1) for "the Act of March 3, 1931 (commonly known as the

Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et

seq.)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-292, Sec. 5(1)(A), substituted

"Notwithstanding any other provision of this chapter, a recipient"

for "A recipient" in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 107-292, Sec. 5(1)(B), added subpar.

(B) and struck out former subpar. (B) which read as follows: "the

recipient has agreed that it will utilize the program income for

affordable housing activities in accordance with the provisions of

this chapter."

Subsec. (a)(2). Pub. L. 107-292, Sec. 5(2)(A), inserted

"restricted access or" before "reduction" in heading.

Subsec. (a)(2)(D). Pub. L. 107-292, Sec. 5(2)(B)-(D), added

subpar. (D).

2000 - Subsec. (b)(1). Pub. L. 106-568, Sec. 1003(j)(1), and Pub.

L. 106-569, Sec. 503(i)(1), amended par. (1) identically,

substituting "Act of March 3, 1931 (commonly known as the

Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et

seq.)" for "Davis-Bacon Act (40 U.S.C. 276a-276a-5)".

Subsec. (b)(3). Pub. L. 106-568, Sec. 1003(j)(2), and Pub. L.

106-569, Sec. 503(i)(2), amended subsec. (b) identically, adding

par. (3).

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.

-End-

-CITE-

25 USC Sec. 4115 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-HEAD-

Sec. 4115. Environmental review

-STATUTE-

(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 specified 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.

(d) Environmental compliance

The Secretary may waive the requirements under this section if

the Secretary determines that a failure on the part of a recipient

to comply with provisions of this section -

(1) will not frustrate the goals of the National Environmental

Policy Act of 1969 [42 U.S.C. 4321 et seq.] or any other

provision of law that furthers the goals of that Act;

(2) does not threaten the health or safety of the community

involved by posing an immediate or long-term hazard to residents

of that community;

(3) is a result of inadvertent error, including an incorrect or

incomplete certification provided under subsection (c)(1) of this

section; and

(4) may be corrected through the sole action of the recipient.

-SOURCE-

(Pub. L. 104-330, title I, Sec. 105, Oct. 26, 1996, 110 Stat. 4028;

Pub. L. 106-568, title X, Sec. 1003(d), Dec. 27, 2000, 114 Stat.

2926; Pub. L. 106-569, title V, Sec. 503(d), Dec. 27, 2000, 114

Stat. 2962.)

-REFTEXT-

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 (Sec. 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-568 and Pub. L. 106-569 amended

section identically, adding subsec. (d).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 12 section 1715z-13a.

-End-

-CITE-

25 USC Sec. 4116 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-HEAD-

Sec. 4116. Regulations

-STATUTE-

(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, including any

regulations that may be required pursuant to amendments made to

this chapter after October 26, 1996, 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.

-SOURCE-

(Pub. L. 104-330, title I, Sec. 106, Oct. 26, 1996, 110 Stat. 4029;

Pub. L. 107-292, Sec. 6, Nov. 13, 2002, 116 Stat. 2054.)

-REFTEXT-

REFERENCES IN TEXT

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, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653,

which is classified generally to chapter 8 (Sec. 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.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2)(A). Pub. L. 107-292 inserted ", including

any regulations that may be required pursuant to amendments made to

this chapter after October 26, 1996," after "required under this

chapter".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title.

-End-

-CITE-

25 USC Sec. 4117 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS

-HEAD-

Sec. 4117. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated for grants under this

subchapter such sums as may be necessary for each of fiscal years

1998 through 2007. This section shall take effect on October 26,

1996.

-SOURCE-

(Pub. L. 104-330, title I, Sec. 108, Oct. 26, 1996, 110 Stat. 4030;

Pub. L. 107-292, Sec. 2(a), Nov. 13, 2002, 116 Stat. 2053.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-292 substituted "1998 through 2007" for "1998,

1999, 2000, and 2001".

-End-

-CITE-

25 USC SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4103, 4111, 4112 of

this title.

-End-

-CITE-

25 USC Sec. 4131 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4131. National objectives and eligible families

-STATUTE-

(a) Primary objective

The national objectives of this chapter are -

(1) to assist and promote affordable housing activities to

develop, maintain, and operate affordable housing in safe and

healthy environments on Indian reservations and in other Indian

areas for occupancy by low-income Indian families;

(2) to ensure better access to private mortgage markets for

Indian tribes and their members and to promote self-sufficiency

of Indian tribes and their members;

(3) to coordinate activities to provide housing for Indian

tribes and their members with Federal, State, and local

activities to further economic and community development for

Indian tribes and their members;

(4) to plan for and integrate infrastructure resources for

Indian tribes with housing development for tribes; and

(5) to promote the development of private capital markets in

Indian country and to allow such markets to operate and grow,

thereby benefiting Indian communities.

(b) Eligible families

(1) In general

Except as provided under paragraphs (2) and (4), assistance

under eligible housing activities under this chapter shall be

limited to low-income Indian families on Indian reservations and

other Indian areas.

(2) Exception to low-income requirement

A recipient may provide assistance for homeownership activities

under section 4132(2) of this title, model activities under

section 4132(6) of this title, or loan guarantee activities under

subchapter VI of this chapter to Indian families who are not

low-income families, to the extent that the Secretary approves

the activities pursuant to such section or subchapter because

there is a need for housing for such families that cannot

reasonably be met without such assistance. The Secretary shall

establish limits on the amount of assistance that may be provided

under this chapter for activities for families who are not

low-income families.

(3) Non-Indian families

Notwithstanding paragraph (1), a recipient may provide housing

or housing assistance provided through affordable housing

activities assisted with grant amounts under this chapter for a

non-Indian family on an Indian reservation or other Indian area

if the recipient determines that the presence of the family on

the Indian reservation or other Indian area is essential to the

well-being of Indian families and the need for housing for the

family cannot reasonably be met without such assistance.

(4) Law enforcement officers

A recipient may provide housing or housing assistance provided

through affordable housing activities assisted with grant amounts

under this chapter for a law enforcement officer on an Indian

reservation or other Indian area, if -

(A) the officer -

(i) is employed on a full-time basis by the Federal

Government or a State, county, or lawfully recognized tribal

government; and

(ii) in implementing such full-time employment, is sworn to

uphold, and make arrests for, violations of Federal, State,

county, or tribal law; and

(B) the recipient determines that the presence of the law

enforcement officer on the Indian reservation or other Indian

area may deter crime.

(5) Law enforcement officers

Notwithstanding paragraph (1), a recipient may provide housing

or housing assistance provided through affordable housing

activities assisted with grant amounts under this chapter to a

law enforcement officer on the reservation or other Indian area,

who is employed full-time by a Federal, State, county or tribal

government, and in implementing such full-time employment is

sworn to uphold, and make arrests for violations of Federal,

State, county or tribal law, if the recipient determines that the

presence of the law enforcement officer on the Indian reservation

or other Indian area may deter crime.

(6) (!1) Preference for tribal members and other Indian families

The Indian housing plan for an Indian tribe may require

preference, for housing or housing assistance provided through

affordable housing activities assisted with grant amounts

provided under this chapter on behalf of such tribe, to be given

(to the extent practicable) to Indian families who are members of

such tribe, or to other Indian families. In any case in which the

applicable Indian housing plan for an Indian tribe provides for

preference under this paragraph, the recipient for the tribe

shall ensure that housing activities that are assisted with grant

amounts under this chapter for such tribe are subject to such

preference.

(6) (!1) Exemption

Title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et

seq.] and title VIII of the Civil Rights Act of 1968 [42 U.S.C.

3601 et seq.] shall not apply to actions by federally recognized

tribes and the tribally designated housing entities of those

tribes under this chapter.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 201, Oct. 26, 1996, 110 Stat.

4031; Pub. L. 105-276, title V, Sec. 595(e)(7), Oct. 21, 1998, 112

Stat. 2657; Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 210],

Oct. 27, 2000, 114 Stat. 1441, 1441A-26; Pub. L. 106-568, title X,

Sec. 1003(e), Dec. 27, 2000, 114 Stat. 2926.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as

amended, 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.

The Civil Rights Act of 1964, referred to in subsec. (b)(6), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Act is classified generally to subchapter V (Sec. 2000d et

seq.) of chapter 21 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 2000a of Title 42 and Tables.

The Civil Rights Act of 1968, referred to in subsec. (b)(6), is

Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 73, as amended. Title VIII

of the Act, known as the Fair Housing Act, is classified

principally to subchapter I (Sec. 3601 et seq.) of chapter 45 of

Title 42. For complete classification of this Act to the Code, see

Short Title note set out under section 3601 of Title 42 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-568, Sec. 1003(e)(1),

substituted "paragraphs (2) and (4)" for "paragraph (2)".

Subsec. (b)(4). Pub. L. 106-568, Sec. 1003(e)(3), added par. (4).

Former par. (4) redesignated (5).

Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 210(2)], added par.

(4). Former par. (4) redesignated (5).

Subsec. (b)(5). Pub. L. 106-568, Sec. 1003(e)(2), redesignated

par. (4) as (5). Former par. (5) redesignated (6).

Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 210(1)],

redesignated par. (4) as (5). Former par. (5) redesignated (6).

Subsec. (b)(6). Pub. L. 106-568, Sec. 1003(e)(2), redesignated

par. (5), relating to preference for tribal members and other

Indian families, as (6).

Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 210(1)],

redesignated par. (5), relating to exemption, as (6).

1998 - Subsec. (b)(5). Pub. L. 105-276 substituted "federally

recognized tribes and the tribally designated housing entities of

those tribes" for "Indian tribes" and "chapter" for "subsection".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4112, 4135 of this title.

-FOOTNOTE-

(!1) So in original. Two pars. (6) have been enacted.

-End-

-CITE-

25 USC Sec. 4132 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4132. Eligible affordable housing activities

-STATUTE-

Affordable housing activities under this subchapter are

activities, in accordance with the requirements of this subchapter,

to develop or to support affordable housing for rental or

homeownership, or to provide housing services with respect to

affordable housing, through the following activities:

(1) Indian housing assistance

The provision of modernization or operating assistance for

housing previously developed or operated pursuant to a contract

between the Secretary and an Indian housing authority.

(2) Development

The acquisition, new construction, reconstruction, or moderate

or substantial rehabilitation of affordable housing, which may

include real property acquisition, site improvement, development

of utilities and utility services, conversion, demolition,

financing, administration and planning, and other related

activities.

(3) Housing services

The provision of housing-related services for affordable

housing, such as housing counseling in connection with rental or

homeownership assistance, establishment and support of resident

organizations and resident management corporations, energy

auditing, activities related to the provision of self-sufficiency

and other services, and other services related to assisting

owners, tenants, contractors, and other entities, participating

or seeking to participate in other housing activities assisted

pursuant to this section.

(4) Housing management services

The provision of management services for affordable housing,

including preparation of work specifications, loan processing,

inspections, tenant selection, management of tenant-based rental

assistance, and management of affordable housing projects.

(5) Crime prevention and safety activities

The provision of safety, security, and law enforcement measures

and activities appropriate to protect residents of affordable

housing from crime.

(6) Model activities

Housing activities under model programs that are designed to

carry out the purposes of this chapter and are specifically

approved by the Secretary as appropriate for such purpose.

(7) Community development demonstration project

(A) In general

Consistent with principles of Indian self-determination and

the findings of this chapter, the Secretary shall conduct and

submit to Congress a study of the feasibility of establishing a

demonstration project in which Indian tribes, tribal

organizations, or tribal consortia are authorized to expend

amounts received pursuant to the Native American Housing

Assistance and Self-Determination Reauthorization Act of 2002

in order to design, implement, and operate community

development demonstration projects.

(B) Study

Not later than 1 year after November 13, 2002, the Secretary

shall submit the study conducted under subparagraph (A) to the

Committee on Banking, Housing, and Urban Affairs and the

Committee on Indian Affairs of the Senate, and the Committee on

Financial Services and the Committee on Resources of the House

of Representatives.

(8) Self-Determination Act demonstration project

(A) In general

Consistent with the provisions of the Indian

Self-Determination and Education Assistance Act (25 U.S.C. 450

et seq.), the Secretary shall conduct and submit to Congress a

study of the feasibility of establishing a demonstration

project in which Indian tribes and tribal organizations are

authorized to receive assistance in a manner that maximizes

tribal authority and decision-making in the design and

implementation of Federal housing and related activity funding.

(B) Study

Not later than 1 year after November 13, 2002, the Secretary

shall submit the study conducted under subparagraph (A) to the

Committee on Banking, Housing, and Urban Affairs and the

Committee on Indian Affairs of the Senate, and the Committee on

Financial Services and the Committee on Resources of the House

of Representatives.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 202, Oct. 26, 1996, 110 Stat.

4032; Pub. L. 107-292, Sec. 8, Nov. 13, 2002, 116 Stat. 2055.)

-REFTEXT-

REFERENCES IN TEXT

The Native American Housing Assistance and Self-Determination

Reauthorization Act of 2002, referred to in par. (7)(A), is Pub. L.

107-292, Nov. 13, 2002, 116 Stat. 2053. For complete classification

of this Act to the Code, see Short Title of 2002 Amendment note set

out under section 4101 of this title and Tables.

The Indian Self-Determination and Education Assistance Act,

referred to in par. (8)(A), is Pub. L. 93-638, Jan. 4, 1975, 88

Stat. 2203, as amended, which is classified principally to

subchapter II (Sec. 450 et seq.) of chapter 14 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 450 of this title and Tables.

-MISC1-

AMENDMENTS

2002 - Pars. (7), (8). Pub. L. 107-292 added pars. (7) and (8).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4131, 4133, 4191 of this

title.

-End-

-CITE-

25 USC Sec. 4133 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4133. Program requirements

-STATUTE-

(a) Rents

(1) Establishment

Subject to paragraph (2), each recipient shall develop written

policies governing rents and homebuyer payments charged for

dwelling units assisted under this chapter, including the methods

by which such rents and homebuyer payments are determined.

(2) Maximum rent

In the case of any low-income family residing in a dwelling

unit assisted with grant amounts under this chapter, the monthly

rent or homebuyer payment (as applicable) for such dwelling unit

may not exceed 30 percent of the monthly adjusted income of such

family.

(b) Maintenance and efficient operation

Each recipient who owns or operates (or is responsible for

funding any entity that owns or operates) housing developed or

operated pursuant to a contract between the Secretary and an Indian

housing authority pursuant to the United States Housing Act of 1937

[42 U.S.C. 1437 et seq.] shall, using amounts of any grants

received under this chapter, reserve and use for operating

assistance under section 4132(1) of this title such amounts as may

be necessary to provide for the continued maintenance and efficient

operation of such housing. This subsection may not be construed to

prevent any recipient (or entity funded by a recipient) from

demolishing or disposing of Indian housing referred to in this

subsection, pursuant to regulations established by the Secretary.

(c) Insurance coverage

Each recipient shall maintain adequate insurance coverage for

housing units that are owned or operated or assisted with grant

amounts provided under this chapter.

(d) Eligibility for admission

Each recipient shall develop written policies governing the

eligibility, admission, and occupancy of families for housing

assisted with grant amounts provided under this chapter.

(e) Management and maintenance

Each recipient shall develop policies governing the management

and maintenance of housing assisted with grant amounts under this

chapter.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 203, Oct. 26, 1996, 110 Stat.

4032.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in subsec.

(b), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.

93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which

is classified generally to chapter 8 (Sec. 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.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4134, 4192 of this title.

-End-

-CITE-

25 USC Sec. 4134 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4134. Types of investments

-STATUTE-

(a) In general

Subject to section 4133 of this title and the Indian housing plan

for an Indian tribe, the recipient for that tribe shall have -

(1) the discretion to use grant amounts for affordable housing

activities through equity investments, interest-bearing loans or

advances, noninterest-bearing loans or advances, interest

subsidies, leveraging of private investments, or any other form

of assistance that the Secretary has determined to be consistent

with the purposes of this chapter; and

(2) the right to establish the terms of assistance.

(b) Investments

A recipient may invest grant amounts for the purposes of carrying

out affordable housing activities in investment securities and

other obligations as approved by the Secretary.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 204, Oct. 26, 1996, 110 Stat.

4033.)

-MISC1-

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.

-End-

-CITE-

25 USC Sec. 4135 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4135. Low-income requirement and income targeting

-STATUTE-

(a) In general

Housing shall qualify as affordable housing for purposes of this

chapter only if -

(1) each dwelling unit in the housing -

(A) in the case of rental housing, is made available for

occupancy only by a family that is a low-income family at the

time of their initial occupancy of such unit;

(B) in the case of a contract to purchase existing housing,

is made available for purchase only by a family that is a

low-income family at the time of purchase;

(C) in the case of a lease-purchase agreement for existing

housing or for housing to be constructed, is made available for

lease-purchase only by a family that is a low-income family at

the time the agreement is entered into; and

(D) in the case of a contract to purchase housing to be

constructed, is made available for purchase only by a family

that is a low-income family at the time the contract is entered

into; and

(2) except for housing assisted under section 1437bb of title

42 (as in effect before the date of the effectiveness of this

chapter), each dwelling unit in the housing will remain

affordable, according to binding commitments satisfactory to the

Secretary, for the remaining useful life of the property (as

determined by the Secretary) without regard to the term of the

mortgage or to transfer of ownership, or for such other period

that the Secretary determines is the longest feasible period of

time consistent with sound economics and the purposes of this

chapter, except upon a foreclosure by a lender (or upon other

transfer in lieu of foreclosure) if such action -

(A) recognizes any contractual or legal rights of public

agencies, nonprofit sponsors, or others to take actions that

would avoid termination of low-income affordability in the case

of foreclosure or transfer in lieu of foreclosure; and

(B) is not for the purpose of avoiding low-income

affordability restrictions, as determined by the Secretary.

(b) Exception

Notwithstanding subsection (a) of this section, housing assisted

pursuant to section 4131(b)(2) of this title shall be considered

affordable housing for purposes of this chapter.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 205, Oct. 26, 1996, 110 Stat.

4033; Pub. L. 105-276, title V, Sec. 595(e)(8), Oct. 21, 1998, 112

Stat. 2657.)

-REFTEXT-

REFERENCES IN TEXT

Section 1437bb of title 42, referred to in subsec. (a)(2), was

repealed by Pub. L. 104-330, title V, Sec. 501(a), Oct. 26, 1996,

110 Stat. 4041, effective Oct. 1, 1997.

For the date of the effectiveness of this chapter, referred to in

subsec. (a)(2), 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.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1)(B) to (D). Pub. L. 105-276 added subpars.

(B) to (D) and struck out former subpar. (B) which read as follows:

"in the case of housing for homeownership, is made available for

purchase only by a family that is a low-income family at the time

of purchase; and".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4139 of this title.

-End-

-CITE-

25 USC Sec. 4136 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4136. Repealed. Pub. L. 106-568, title X, Sec. 1003(k)(2),

Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106-569, title V, Sec.

503(j)(2), Dec. 27, 2000, 114 Stat. 2966

-MISC1-

Section, Pub. L. 104-330, title II, Sec. 206, Oct. 26, 1996, 110

Stat. 4034; Pub. L. 105-276, title V, Sec. 595(a), Oct. 21, 1998,

112 Stat. 2656, related to certification of compliance with subsidy

layering requirements.

-End-

-CITE-

25 USC Sec. 4137 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4137. Lease requirements and tenant selection

-STATUTE-

(a) Leases

Except to the extent otherwise provided by or inconsistent with

tribal law, in renting dwelling units in affordable housing

assisted with grant amounts provided under this chapter, the owner

or manager of the housing shall utilize leases that -

(1) do not contain unreasonable terms and conditions;

(2) require the owner or manager to maintain the housing in

compliance with applicable housing codes and quality standards;

(3) require the owner or manager to give adequate written

notice of termination of the lease, which shall be the period of

time required under State, tribal, or local law;

(4) specify that, with respect to any notice of eviction or

termination, notwithstanding any State, tribal, or local law, a

resident shall be informed of the opportunity, prior to any

hearing or trial, to examine any relevant documents, records, or

regulations directly related to the eviction or termination;

(5) require that the owner or manager may not terminate the

tenancy, during the term of the lease, except for serious or

repeated violation of the terms or conditions of the lease,

violation of applicable Federal, State, tribal, or local law, or

for other good cause; and

(6) provide that the owner or manager may terminate the tenancy

of a resident for any activity, engaged in by the resident, any

member of the household of the resident, or any guest or other

person under the control of the resident, that -

(A) threatens the health or safety of, or right to peaceful

enjoyment of the premises by, other residents or employees of

the owner or manager of the housing;

(B) threatens the health or safety of, or right to peaceful

enjoyment of their premises by, persons residing in the

immediate vicinity of the premises; or

(C) is criminal activity (including drug-related criminal

activity) on or off the premises.

(b) Tenant and homebuyer selection

The owner or manager of affordable rental housing assisted with

grant amounts provided under this chapter shall adopt and utilize

written tenant and homebuyer selection policies and criteria that -

(1) are consistent with the purpose of providing housing for

low-income families;

(2) are reasonably related to program eligibility and the

ability of the applicant to perform the obligations of the lease;

and

(3) provide for -

(A) the selection of tenants and homebuyers from a written

waiting list in accordance with the policies and goals set

forth in the Indian housing plan for the tribe that is the

grant beneficiary of such grant amounts; and

(B) the prompt notification in writing to any rejected

applicant of that rejection and the grounds for that rejection.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 207, Oct. 26, 1996, 110 Stat.

4034; Pub. L. 105-276, title V, Sec. 595(b), (e)(9), Oct. 21, 1998,

112 Stat. 2656, 2658.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-276, Sec. 595(b)(1), (2), in

heading substituted "Tenant and homebuyer selection" for "Tenant

selection" and, in introductory provisions, inserted "and

homebuyer" after "tenant".

Subsec. (b)(3)(A). Pub. L. 105-276, Sec. 595(b)(3), inserted "and

homebuyers" after "tenants".

Subsec. (b)(3)(B). Pub. L. 105-276, Sec. 595(e)(9), substituted

"to any rejected applicant of that rejection and the grounds for

that rejection" for "of any rejected applicant of the grounds for

any rejection".

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.

-End-

-CITE-

25 USC Sec. 4138 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4138. Availability of records

-STATUTE-

(a) Provision of information

Notwithstanding any other provision of law, except as provided in

subsection (b) of this section, the National Crime Information

Center, police departments, and other law enforcement agencies

shall, upon request, provide information to Indian tribes or

tribally designated housing entities regarding the criminal

conviction records of adult applicants for, or tenants of, housing

assisted with grant amounts provided to such tribe or entity under

this chapter for purposes of applicant screening, lease

enforcement, and eviction.

(b) Exception

A law enforcement agency described in subsection (a) of this

section shall provide information under this paragraph relating to

any criminal conviction of a juvenile only to the extent that the

release of such information is authorized under the law of the

applicable State, tribe, or locality.

(c) Confidentiality

An Indian tribe or tribally designated housing entity receiving

information under this section may use such information only for

the purposes provided in this section and such information may not

be disclosed to any person who is not an officer, employee, or

authorized representative of the tribe or entity or the owner of

housing assisted under this chapter, and who has a job-related need

to have access to the information for the purposes under this

section. For judicial eviction proceedings, disclosures may be made

to the extent necessary. The Secretary shall, by regulation,

establish procedures necessary to ensure that information provided

under this section to any tribe or entity is used, and

confidentiality is maintained, as required under this section.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 208, Oct. 26, 1996, 110 Stat.

4035; Pub. L. 105-276, title V, Sec. 595(e)(10), Oct. 21, 1998, 112

Stat. 2658.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-276, Sec. 595(e)(10)(A),

substituted "subsection (b) of this section" for "paragraph (2)".

Subsec. (b). Pub. L. 105-276, Sec. 595(e)(10)(B), substituted

"subsection (a) of this section" for "paragraph (1)".

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.

-End-

-CITE-

25 USC Sec. 4139 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4139. Noncompliance with affordable housing requirement

-STATUTE-

If a recipient uses grant amounts to provide affordable housing

under this subchapter, and at any time during the useful life of

the housing the recipient does not comply with the requirement

under section 4135(a)(2) of this title, the Secretary shall take

appropriate action under section 4161(a) of this title.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 209, Oct. 26, 1996, 110 Stat.

4035; Pub. L. 105-276, title V, Sec. 595(c), Oct. 21, 1998, 112

Stat. 2656; Pub. L. 106-568, title X, Sec. 1003(f)(1), Dec. 27,

2000, 114 Stat. 2927; Pub. L. 106-569, title V, Sec. 503(e)(1),

Dec. 27, 2000, 114 Stat. 2962.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-568 and Pub. L. 106-569 generally amended

section catchline and text identically. Prior to amendment, text

read as follows: "If a recipient uses grant amounts to provide

affordable housing under activities under this subchapter and, at

any time during the useful life of the housing the housing does not

comply with the requirement under section 4135(a)(2) of this title,

the Secretary shall reduce future grant payments on behalf of the

grant beneficiary by an amount equal to the grant amounts used for

such housing (under the authority under section 4161(a)(2) of this

title) or require repayment to the Secretary of an amount equal to

such grant amounts."

1998 - Pub. L. 105-276 made technical amendment to reference in

original act which appears in text as reference to section

4135(a)(2) of this title.

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.

-End-

-CITE-

25 USC Sec. 4140 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES

-HEAD-

Sec. 4140. Continued use of amounts for affordable housing

-STATUTE-

Any funds for programs for low-income housing under the United

States Housing Act of 1937 [42 U.S.C. 1437 et seq.] that, on the

date of the applicability of this chapter to an Indian tribe, are

owned by, or in the possession or under the control of, the Indian

housing authority for the tribe, including all reserves not

otherwise obligated, shall be considered assistance under this

chapter and subject to the provisions of this chapter relating to

use of such assistance.

-SOURCE-

(Pub. L. 104-330, title II, Sec. 210, Oct. 26, 1996, 110 Stat.

4036.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 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.

The date of the applicability of this chapter, referred to in

text, probably means the effective date of Pub. L. 104-330, which

is 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.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4114 of this title.

-End-

-CITE-

25 USC SUBCHAPTER III - ALLOCATION OF GRANT AMOUNTS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER III - ALLOCATION OF GRANT AMOUNTS

-HEAD-

SUBCHAPTER III - ALLOCATION OF GRANT AMOUNTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4191 of this title.

-End-

-CITE-

25 USC Sec. 4151 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER III - ALLOCATION OF GRANT AMOUNTS

-HEAD-

Sec. 4151. Annual allocation

-STATUTE-

For each fiscal year, the Secretary shall allocate any amounts

made available for assistance under this chapter for the fiscal

year, in accordance with the formula established pursuant to

section 4152 of this title, among Indian tribes that comply with

the requirements under this chapter for a grant under this chapter.

-SOURCE-

(Pub. L. 104-330, title III, Sec. 301, Oct. 26, 1996, 110 Stat.

4036.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as

amended, 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.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4111 of this title.

-End-

-CITE-

25 USC Sec. 4152 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER III - ALLOCATION OF GRANT AMOUNTS

-HEAD-

Sec. 4152. Allocation formula

-STATUTE-

(a) Establishment

The Secretary shall, by regulations issued not later than the

expiration of the 12-month period beginning on October 26, 1996, in

the manner provided under section 4116 of this title, establish a

formula to provide for allocating amounts available for a fiscal

year for block grants under this chapter among Indian tribes in

accordance with the requirements of this section.

(b) Factors for determination of need

The formula shall be based on factors that reflect the need of

the Indian tribes and the Indian areas of the tribes for assistance

for affordable housing activities, including the following factors:

(1) The number of low-income housing dwelling units owned or

operated at the time pursuant to a contract between an Indian

housing authority for the tribe and the Secretary.

(2) The extent of poverty and economic distress and the number

of Indian families within Indian areas of the tribe.

(3) Other objectively measurable conditions as the Secretary

and the Indian tribes may specify.

(c) Other factors for consideration

In establishing the formula, the Secretary shall consider -

(1) the relative administrative capacities and other challenges

faced by the recipient, including, but not limited to geographic

distribution within the Indian area and technical capacity; and

(2) the extent to which terminations of assistance under

subchapter V of this chapter will affect funding available to

State recognized tribes.

(d) Funding for public housing operation and modernization

(1) Full funding

(A) In general

Except with respect to an Indian tribe described in

subparagraph (B), the formula shall provide that, if, in any

fiscal year, the total amount made available for assistance

under this chapter is equal to or greater than the total amount

made available for fiscal year 1996 for assistance for the

operation and modernization of public housing developed or

operated pursuant to a contract between the Secretary and an

Indian housing authority pursuant to the United States Housing

Act of 1937 [42 U.S.C. 1437 et seq.], the amount provided for

such fiscal year for each Indian tribe for which such operating

or modernization assistance was provided for fiscal year 1996

shall not be less than the total amount of such operating and

modernization assistance provided for fiscal year 1996 for such

tribe.

(B) Certain Indian tribes

With respect to fiscal year 2001 and each fiscal year

thereafter, for any Indian tribe with an Indian housing

authority that owns or operates fewer than 250 public housing

units, the formula shall provide that if the amount provided

for a fiscal year in which the total amount made available for

assistance under this chapter is equal to or greater than the

amount made available for fiscal year 1996 for assistance for

the operation and modernization of the public housing referred

to in subparagraph (A), then the amount provided to that Indian

tribe as modernization assistance shall be equal to the average

annual amount of funds provided to the Indian tribe (other than

funds provided as emergency assistance) under the assistance

program under section 14 of the United States Housing Act of

1937 (42 U.S.C. 1437l) for the period beginning with fiscal

year 1992 and ending with fiscal year 1997.

(2) Partial funding

The formula shall provide that, if, in any fiscal year, the

total amount made available for assistance under this chapter is

less than the total amount made available for fiscal year 1996

for assistance for the operation and modernization of public

housing developed or operated pursuant to a contract between the

Secretary and an Indian housing authority pursuant to the United

States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the amount

provided for such fiscal year for each Indian tribe for which

such operating or modernization assistance was provided for

fiscal year 1996 shall not be less than the amount that bears the

same ratio to the total amount available for assistance under

this chapter for such fiscal year that the amount of operating

and modernization assistance provided for the tribe for fiscal

year 1996 bears to the total amount made available for fiscal

year 1996 for assistance for the operation and modernization of

such public housing.

(e) Effective date

This section shall take effect on October 26, 1996.

-SOURCE-

(Pub. L. 104-330, title III, Sec. 302, Oct. 26, 1996, 110 Stat.

4036; Pub. L. 106-568, title X, Sec. 1003(g), Dec. 27, 2000, 114

Stat. 2928; Pub. L. 106-569, title V, Sec. 503(f), Dec. 27, 2000,

114 Stat. 2964.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter V of this chapter, referred to in subsec. (c)(2), was

in the original "title V", meaning title V of Pub. L. 104-330,

which enacted subchapter V of this chapter and section 12899h-1 of

Title 42, The Public Health and Welfare, amended sections 1437a,

1437c to 1437e, 1437g, 1437l, 1437n, 1437u to 1437x, 1437aaa-5,

1437aaa-6, 1439, 11371 to 11376, 11382, 11401, 11403g, 11408,

11903a, 12747, and 12838 of Title 42, repealed sections 1437aa to

1437ee of Title 42, enacted provisions set out as notes under

sections 11371, 12747, and 12899h-1 of Title 42, amended provisions

set out as a note under section 11301 of Title 42, and repealed

provisions set out as a note under section 1701z-6 of Title 12,

Banks and Banking. For complete classification of title V to the

Code, see Tables.

The United States Housing Act of 1937, referred to in subsec.

(d), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.

93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which

is classified generally to chapter 8 (Sec. 1437 et seq.) of Title

42. Section 14 of the Act which was classified to section 1437l of

Title 42, was repealed by Pub. L. 105-276, title V, Sec. 522(a),

Oct. 21, 1998, 112 Stat. 2564. For complete classification of this

Act to the Code, see Short Title note set out under section 1437 of

Title 42 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (d)(1). Pub. L. 106-568, Sec. 1003(g)(1), and Pub.

L. 106-569, Sec. 503(f)(1), which directed identical amendment of

par. (1) by substituting subpar. (A) designation, heading, and

"Except with respect to an Indian tribe described in subparagraph

(B), the formula" for "The formula,", were executed by making the

substitution for "The formula" to reflect the probable intent of

Congress.

Subsec. (d)(1)(B). Pub. L. 106-568, Sec. 1003(g)(2), and Pub. L.

106-569, Sec. 503(f)(2), amended par. (1) identically, adding

subpar. (B).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4103, 4151, 4181 of this

title.

-End-

-CITE-

25 USC SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-End-

-CITE-

25 USC Sec. 4161 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

Sec. 4161. Remedies for noncompliance

-STATUTE-

(a) Actions by Secretary affecting grant amounts

(1) In general

Except as provided in subsection (b) of this section, if the

Secretary finds after reasonable notice and opportunity for

hearing that a recipient of assistance under this chapter has

failed to comply substantially with any provision of this

chapter, the Secretary shall -

(A) terminate payments under this chapter to the recipient;

(B) reduce payments under this chapter to the recipient by an

amount equal to the amount of such payments that were not

expended in accordance with this chapter;

(C) limit the availability of payments under this chapter to

programs, projects, or activities not affected by such failure

to comply; or

(D) in the case of noncompliance described in section 4162(b)

of this title, provide a replacement tribally designated

housing entity for the recipient, under section 4162 of this

title.

(2) Continuance of actions

If the Secretary takes an action under subparagraph (A), (B),

or (C) of paragraph (1), the Secretary shall continue such action

until the Secretary determines that the failure to comply has

ceased.

(3) Exception for certain actions

(A) In general

Notwithstanding any other provision of this subsection, if

the Secretary makes a determination that the failure of a

recipient of assistance under this chapter to comply

substantially with any material provision (as that term is

defined by the Secretary) of this chapter is resulting, and

would continue to result, in a continuing expenditure of

Federal funds in a manner that is not authorized by law, the

Secretary may take an action described in paragraph (1)(C)

before conducting a hearing.

(B) Procedural requirement

If the Secretary takes an action described in subparagraph

(A), the Secretary shall -

(i) provide notice to the recipient at the time that the

Secretary takes that action; and

(ii) conduct a hearing not later than 60 days after the

date on which the Secretary provides notice under clause (i).

(C) Determination

Upon completion of a hearing under this paragraph, the

Secretary shall make a determination regarding whether to

continue taking the action that is the subject of the hearing,

or take another action under this subsection.

(b) Noncompliance because of technical incapacity

(1) In general

If the Secretary makes a finding under subsection (a) of this

section, but determines that the failure to comply substantially

with the provisions of this chapter -

(A) is not a pattern or practice of activities constituting

willful noncompliance, and

(B) is a result of the limited capability or capacity of the

recipient,

the Secretary may provide technical assistance for the recipient

(directly or indirectly) that is designed to increase the

capability and capacity of the recipient to administer assistance

provided under this chapter in compliance with the requirements

under this chapter, if the recipient enters into a performance

agreement with the Secretary that specifies the compliance

objectives that the recipient will be required to achieve by the

termination date of the performance agreement.

(2) Performance agreement

The period of a performance agreement described in paragraph

(1) shall be for 1 year.

(3) Review

Upon the termination of a performance agreement entered into

under paragraph (1), the Secretary shall review the performance

of the recipient that is a party to the agreement.

(4) Effect of review

If, on the basis of a review under paragraph (3), the Secretary

determines that the recipient -

(A) has made a good faith effort to meet the compliance

objectives specified in the agreement, the Secretary may enter

into an additional performance agreement for the period

specified in paragraph (2); and

(B) has failed to make a good faith effort to meet applicable

compliance objectives, the Secretary shall determine the

recipient to have failed to comply substantially with this

chapter, and the recipient shall be subject to an action under

subsection (a) of this section.

(c) Referral for civil action

(1) Authority

In lieu of, or in addition to, any action authorized by

subsection (a) of this section, if the Secretary has reason to

believe that a recipient has failed to comply substantially with

any provision of this chapter, the Secretary may refer the matter

to the Attorney General of the United States with a

recommendation that an appropriate civil action be instituted.

(2) Civil action

Upon such a referral, the Attorney General may bring a civil

action in any United States district court having venue thereof

for such relief as may be appropriate, including an action to

recover the amount of the assistance furnished under this chapter

that was not expended in accordance with it, or for mandatory or

injunctive relief.

(d) Review

(1) In general

Any recipient who receives notice under subsection (a) of this

section of the termination, reduction, or limitation of payments

under this chapter -

(A) may, not later than 60 days after receiving such notice,

file with the United States Court of Appeals for the circuit in

which such State is located, or in the United States Court of

Appeals for the District of Columbia, a petition for review of

the action of the Secretary; and

(B) upon the filing of any petition under subparagraph (A),

shall forthwith transmit copies of the petition to the

Secretary and the Attorney General of the United States, who

shall represent the Secretary in the litigation.

(2) Procedure

The Secretary shall file in the court a record of the

proceeding on which the Secretary based the action, as provided

in section 2112 of title 28. No objection to the action of the

Secretary shall be considered by the court unless such objection

has been urged before the Secretary.

(3) Disposition

(A) Court proceedings

The court shall have jurisdiction to affirm or modify the

action of the Secretary or to set it aside in whole or in part.

The findings of fact by the Secretary, if supported by

substantial evidence on the record considered as a whole, shall

be conclusive. The court may order additional evidence to be

taken by the Secretary, and to be made part of the record.

(B) Secretary

The Secretary -

(i) may modify the findings of fact of the Secretary, or

make new findings, by reason of the new evidence so taken and

filed with the court; and

(ii) shall file -

(I) such modified or new findings, which findings with

respect to questions of fact shall be conclusive if

supported by substantial evidence on the record considered

as a whole; and

(II) the recommendation of the Secretary, if any, for the

modification or setting aside of the original action of the

Secretary.

(4) Finality

Upon the filing of the record with the court, the jurisdiction

of the court shall be exclusive and its judgment shall be final,

except that such judgment shall be subject to review by the

Supreme Court of the United States upon writ of certiorari or

certification as provided in section 1254 of title 28.

-SOURCE-

(Pub. L. 104-330, title IV, Sec. 401, Oct. 26, 1996, 110 Stat.

4037; Pub. L. 106-568, title X, Sec. 1003(h), (i), Dec. 27, 2000,

114 Stat. 2928, 2929; Pub. L. 106-569, title V, Sec. 503(g), (h),

Dec. 27, 2000, 114 Stat. 2964, 2965.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as

amended, 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-568, Sec. 1003(h), and Pub. L.

106-569, Sec. 503(g), amended subsec. (a) identically, designating

existing provisions as par. (1), inserting heading, redesignating

former pars. (1) to (4) as subpars. (A) to (D), respectively, of

par. (1), realigning margins, designating concluding provisions as

par. (2), inserting heading, substituting "If the Secretary takes

an action under subparagraph (A), (B), or (C) of paragraph (1)" for

"If the Secretary takes an action under paragraph (1), (2), or

(3)", and adding par. (3).

Subsec. (b). Pub. L. 106-568, Sec. 1003(i), and Pub. L. 106-569,

Sec. 503(h), amended subsec. (b) identically, designating existing

provisions as par. (1), inserting heading, redesignating former

pars. (1) and (2) as subpars. (A) and (B), respectively, of par.

(1), realigning margins of concluding provisions, inserting ", if

the recipient enters into a performance agreement with the

Secretary that specifies the compliance objectives that the

recipient will be required to achieve by the termination date of

the performance agreement" before period at end of concluding

provisions, and adding pars. (2) to (4).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4139, 4165 of this title.

-End-

-CITE-

25 USC Sec. 4162 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

Sec. 4162. Replacement of recipient

-STATUTE-

(a) Authority

As a condition of the Secretary making a grant under this chapter

on behalf of an Indian tribe, the tribe shall agree that,

notwithstanding any other provision of law, the Secretary may, only

in the circumstances set forth in subsection (b) of this section,

require that a replacement tribally designated housing entity serve

as the recipient for the tribe, in accordance with subsection (c)

of this section.

(b) Conditions of removal

The Secretary may require such replacement tribally designated

housing entity for a tribe only upon a determination by the

Secretary on the record after opportunity for a hearing that the

recipient for the tribe has engaged in a pattern or practice of

activities that constitutes substantial or willful noncompliance

with the requirements under this chapter.

(c) Choice and term of replacement

If the Secretary requires that a replacement tribally designated

housing entity serve as the recipient for a tribe (or tribes) -

(1) the replacement entity shall be an entity mutually agreed

upon by the Secretary and the tribe (or tribes) for which the

recipient was authorized to act, except that if no such entity is

agreed upon before the expiration of the 60-day period beginning

upon the date that the Secretary makes the determination under

subsection (b) of this section, the Secretary shall act as the

replacement entity until agreement is reached upon a replacement

entity; and

(2) the replacement entity (or the Secretary, as provided in

paragraph (1)) shall act as the tribally designated housing

entity for the tribe (or tribes) for a period that expires upon -

(A) a date certain, which shall be specified by the Secretary

upon making the determination under subsection (b) of this

section; or

(B) the occurrence of specific conditions, which conditions

shall be specified in written notice provided by the Secretary

to the tribe upon making the determination under subsection (b)

of this section.

-SOURCE-

(Pub. L. 104-330, title IV, Sec. 402, Oct. 26, 1996, 110 Stat.

4039.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4161 of this title.

-End-

-CITE-

25 USC Sec. 4163 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

Sec. 4163. Monitoring of compliance

-STATUTE-

(a) Enforceable agreements

Each recipient, through binding contractual agreements with

owners and otherwise, shall ensure long-term compliance with the

provisions of this chapter. Such measures shall provide for (1)

enforcement of the provisions of this chapter by the grant

beneficiary or by recipients and other intended beneficiaries, and

(2) remedies for the breach of such provisions.

(b) Periodic monitoring

Not less frequently than annually, each recipient shall review

the activities conducted and housing assisted under this chapter to

assess compliance with the requirements of this chapter. Such

review shall include onsite inspection of housing to determine

compliance with applicable requirements. The results of each review

shall be included in the performance report of the recipient

submitted to the Secretary under section 4164 of this title and

made available to the public.

(c) Performance measures

The Secretary shall establish such performance measures as may be

necessary to assess compliance with the requirements of this

chapter.

-SOURCE-

(Pub. L. 104-330, title IV, Sec. 403, Oct. 26, 1996, 110 Stat.

4039.)

-MISC1-

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.

-End-

-CITE-

25 USC Sec. 4164 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

Sec. 4164. Performance reports

-STATUTE-

(a) Requirement

For each fiscal year, each recipient shall -

(1) review the progress it has made during such fiscal year in

carrying out the Indian housing plan (or plans) for the Indian

tribes for which it administers grant amounts; and

(2) submit a report to the Secretary (in a form acceptable to

the Secretary) describing the conclusions of the review.

(b) Content

Each report under this section for a fiscal year shall -

(1) describe the use of grant amounts provided to the recipient

for such fiscal year;

(2) assess the relationship of such use to the goals identified

in the Indian housing plan of the grant beneficiary;

(3) indicate the programmatic accomplishments of the recipient;

and

(4) describe the manner in which the recipient would change its

programs as a result of its experiences.

(c) Submission

The Secretary shall establish dates for submission of reports

under this section, and review such reports and make such

recommendations as the Secretary considers appropriate to carry out

the purposes of this chapter.

(d) Public availability

A recipient preparing a report under this section shall make the

report publicly available to the citizens in the jurisdiction of

the recipient in sufficient time to permit such citizens to comment

on such report prior to its submission to the Secretary, and in

such manner and at such times as the recipient may determine. The

report shall include a summary of any comments received by the

grant beneficiary or recipient from citizens in its jurisdiction

regarding its program.

-SOURCE-

(Pub. L. 104-330, title IV, Sec. 404, Oct. 26, 1996, 110 Stat.

4040.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4163, 4165 of this title.

-End-

-CITE-

25 USC Sec. 4165 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

Sec. 4165. Review and audit by Secretary

-STATUTE-

(a) Requirements under chapter 75 of title 31

An entity designated by an Indian tribe as a housing entity shall

be treated, for purposes of chapter 75 of title 31, as a

non-Federal entity that is subject to the audit requirements that

apply to non-Federal entities under that chapter.

(b) Additional reviews and audits

(1) In general

In addition to any audit or review under subsection (a) of this

section, to the extent the Secretary determines such action to be

appropriate, the Secretary may conduct an audit or review of a

recipient in order to -

(A) determine whether the recipient -

(i) has carried out -

(I) eligible activities in a timely manner; and

(II) eligible activities and certification in accordance

with this chapter and other applicable law;

(ii) has a continuing capacity to carry out eligible

activities in a timely manner; and

(iii) is in compliance with the Indian housing plan of the

recipient; and

(B) verify the accuracy of information contained in any

performance report submitted by the recipient under section

4164 of this title.

(2) On-site visits

To the extent practicable, the reviews and audits conducted

under this subsection shall include on-site visits by the

appropriate official of the Department of Housing and Urban

Development.

(c) Review of reports

(1) In general

The Secretary shall provide each recipient that is the subject

of a report made by the Secretary under this section notice that

the recipient may review and comment on the report during a

period of not less than 30 days after the date on which notice is

issued under this paragraph.

(2) Public availability

After taking into consideration any comments of the recipient

under paragraph (1), the Secretary -

(A) may revise the report; and

(B) not later than 30 days after the date on which those

comments are received, shall make the comments and the report

(with any revisions made under subparagraph (A)) readily

available to the public.

(d) Effect of reviews

Subject to section 4161(a) of this title, after reviewing the

reports and audits relating to a recipient that are submitted to

the Secretary under this section, the Secretary may adjust the

amount of a grant made to a recipient under this chapter in

accordance with the findings of the Secretary with respect to those

reports and audits.

-SOURCE-

(Pub. L. 104-330, title IV, Sec. 405, Oct. 26, 1996, 110 Stat.

4040; Pub. L. 106-568, title X, Sec. 1003(f)(2), Dec. 27, 2000, 114

Stat. 2927; Pub. L. 106-569, title V, Sec. 503(e)(2), Dec. 27,

2000, 114 Stat. 2963.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-568 and Pub. L. 106-569 amended section

identically, reenacting section catchline without change and

amending text generally. Prior to amendment, section required the

Secretary to make reviews and audits of recipients' activities and

performance, to prepare reports, and to make adjustments in amounts

of annual grants under this chapter based on the reviews and

audits.

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.

-End-

-CITE-

25 USC Sec. 4166 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

Sec. 4166. GAO audits

-STATUTE-

To the extent that the financial transactions of Indian tribes

and recipients of grant amounts under this chapter relate to

amounts provided under this chapter, such transactions may be

audited by the Comptroller General of the United States under such

rules and regulations as may be prescribed by the Comptroller

General. The representatives of the General Accounting Office shall

have access to all books, accounts, records, reports, files, and

other papers, things, or property belonging to or in use by such

tribes and recipients pertaining to such financial transactions and

necessary to facilitate the audit.

-SOURCE-

(Pub. L. 104-330, title IV, Sec. 406, Oct. 26, 1996, 110 Stat.

4041.)

-MISC1-

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.

-End-

-CITE-

25 USC Sec. 4167 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

Sec. 4167. Reports to Congress

-STATUTE-

(a) In general

Not later than 90 days after the conclusion of each fiscal year

in which assistance under this chapter is made available, the

Secretary shall submit to the Congress a report that contains -

(1) a description of the progress made in accomplishing the

objectives of this chapter;

(2) a summary of the use of funds available under this chapter

during the preceding fiscal year; and

(3) a description of the aggregate outstanding loan guarantees

under subchapter VI of this chapter.

(b) Related reports

The Secretary may require recipients of grant amounts under this

chapter to submit to the Secretary such reports and other

information as may be necessary in order for the Secretary to make

the report required by subsection (a) of this section.

-SOURCE-

(Pub. L. 104-330, title IV, Sec. 407, Oct. 26, 1996, 110 Stat.

4041.)

-MISC1-

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.

-End-

-CITE-

25 USC Sec. 4168 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-

Sec. 4168. Public availability of information

-STATUTE-

Each recipient shall make any housing plan, policy, or annual

report prepared by the recipient available to the general public.

-SOURCE-

(Pub. L. 104-330, title IV, Sec. 408, as added Pub. L. 105-276,

title V, Sec. 595(e)(14)(A), Oct. 21, 1998, 112 Stat. 2658.)

-End-

-CITE-

25 USC SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR

INDIAN TRIBES UNDER

INCORPORATED PROGRAMS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER

INCORPORATED PROGRAMS

-HEAD-

SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER

INCORPORATED PROGRAMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4152 of this title.

-End-

-CITE-

25 USC Sec. 4181 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER

INCORPORATED PROGRAMS

-HEAD-

Sec. 4181. Termination of Indian housing assistance under United

States Housing Act of 1937

-STATUTE-

(a) Termination of assistance

After September 30, 1997, financial assistance may not be

provided under the United States Housing Act of 1937 [42 U.S.C.

1437 et seq.] or pursuant to any commitment entered into under such

Act, for Indian housing developed or operated pursuant to a

contract between the Secretary and an Indian housing authority,

unless such assistance is provided from amounts made available for

fiscal year 1997 and pursuant to a commitment entered into before

September 30, 1997. Any housing that is the subject of a contract

for tenant-based assistance between the Secretary and an Indian

housing authority that is terminated under this section shall, for

the following fiscal year and each fiscal year thereafter, be

considered to be a dwelling unit under section 4152(b)(1) of this

title.

(b) Termination of restrictions on use of Indian housing

After September 30, 1997, any housing developed or operated

pursuant to a contract between the Secretary and an Indian housing

authority pursuant to the United States Housing Act of 1937 [42

U.S.C. 1437 et seq.] shall not be subject to any provision of such

Act or any annual contributions contract or other agreement

pursuant to such Act, but shall be considered and maintained as

affordable housing for purposes of this chapter.

-SOURCE-

(Pub. L. 104-330, title V, Sec. 502, Oct. 26, 1996, 110 Stat. 4043;

Pub. L. 106-568, title X, Sec. 1003(k)(3), Dec. 27, 2000, 114 Stat.

2930; Pub. L. 106-569, title V, Sec. 503(j)(3), Dec. 27, 2000, 114

Stat. 2966.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 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.

This chapter, referred to in subsec. (b), was in the original

"this Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016,

as amended, 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.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-568 and Pub. L. 106-569 amended

subsec. (a) identically, inserting at end "Any housing that is the

subject of a contract for tenant-based assistance between the

Secretary and an Indian housing authority that is terminated under

this section shall, for the following fiscal year and each fiscal

year thereafter, be considered to be a dwelling unit under section

4152(b)(1) of this title."

EFFECTIVE DATE

Section 508 of Pub. L. 104-330 provided that: "Sections 502, 503,

and 507 [25 U.S.C. 4181, 4182, 4183] shall take effect on the date

of the enactment of this Act [Oct. 26, 1996]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4183 of this title; title

42 section 1437z-6.

-End-

-CITE-

25 USC Sec. 4182 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER

INCORPORATED PROGRAMS

-HEAD-

Sec. 4182. Termination of new commitments for rental assistance

-STATUTE-

After September 30, 1997, financial assistance for rental housing

assistance under the United States Housing Act of 1937 [42 U.S.C.

1437 et seq.] may not be provided to any Indian housing authority

or tribally designated housing entity, unless such assistance is

provided pursuant to a contract for such assistance entered into by

the Secretary and the Indian housing authority before such date.

Any such assistance provided pursuant to such a contract shall be

governed by the provisions of the United States Housing Act of 1937

(as in effect before the date of the effectiveness of this chapter)

and the provisions of such contract.

-SOURCE-

(Pub. L. 104-330, title V, Sec. 503, Oct. 26, 1996, 110 Stat.

4043.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in text, is

act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,

title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is

classified generally to chapter 8 (Sec. 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.

For the date of the effectiveness of this chapter, referred to in

text, 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.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 26, 1996, see section 508 of Pub. L.

104-330, set out as a note under section 4181 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4183 of this title.

-End-

-CITE-

25 USC Sec. 4183 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER

INCORPORATED PROGRAMS

-HEAD-

Sec. 4183. Savings provision

-STATUTE-

(a) Existing rights and duties

Except as provided in sections 4181 and 4182 of this title, this

chapter may not be construed to affect the validity of any right,

duty, or obligation of the United States or other person arising

under or pursuant to any commitment or agreement lawfully entered

into before October 1, 1997, under the United States Housing Act of

1937 [42 U.S.C. 1437 et seq.], subtitle D of title IV of the

Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12899

et seq.], title II of the Cranston-Gonzalez National Affordable

Housing Act [42 U.S.C. 12721 et seq.], title IV of the

McKinney-Vento Homeless Assistance Act [42 U.S.C. 11361 et seq.],

or section 2 of the HUD Demonstration Act of 1993.

(b) Obligations under repealed provisions

Notwithstanding the amendments made by this subchapter, any

obligation of the Secretary made under or pursuant to subtitle D of

title IV of the Cranston-Gonzalez National Affordable Housing Act

[42 U.S.C. 12899 et seq.], title II of the Cranston-Gonzalez

National Affordable Housing Act [42 U.S.C. 12721 et seq.], title IV

of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11361 et

seq.], or section 2 of the HUD Demonstration Act of 1993 shall

continue to be governed by the provisions of such Acts (as in

effect before the date of the effectiveness of the amendments made

by this subchapter).

-SOURCE-

(Pub. L. 104-330, title V, Sec. 507, Oct. 26, 1996, 110 Stat. 4045;

Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in subsec.

(a), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.

93-383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified

generally to chapter 8 (Sec. 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.

The Cranston-Gonzalez National Affordable Housing Act, referred

to in text, is Pub. L. 101-625, Nov. 28, 1990, 104 Stat. 4079, as

amended. Title II of the Act, known as the HOME Investment

Partnerships Act, is classified principally to subchapter II (Sec.

12721 et seq.) of chapter 130 of Title 42. Subtitle D of title IV

of the Act is classified generally to part C (Sec. 12899 et seq.)

of subchapter IV of chapter 130 of Title 42. For complete

classification of this Act to the Code, see Short Title note set

out under section 12701 of Title 42 and Tables.

The McKinney-Vento Homeless Assistance Act, referred to in text,

is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as amended. Title

IV of the Act is classified principally to subchapter IV (Sec.

11361 et seq.) of chapter 119 of Title 42. For complete

classification of this Act to the Code, see Short Title note set

out under section 11301 of Title 42 and Tables.

Section 2 of the HUD Demonstration Act of 1993, referred to in

text, is section 2 of Pub. L. 103-120, Oct. 27, 1993, 107 Stat.

1144, which was set out as a note under section 11301 of Title 42

prior to repeal by Pub. L. 103-120, Sec. 2(g).

This subchapter, referred to in subsec. (b), was in the original

"this title", meaning title V of Pub. L. 104-330, which enacted

this subchapter and section 12899h-1 of Title 42, amended sections

1437a, 1437c to 1437e, 1437g, 1437l, 1437n, 1437u to 1437x,

1437aaa-5, 1437aaa-6, 1439, 11371 to 11376, 11382, 11401, 11403g,

11408, 11903a, 12747, and 12838 of Title 42, repealed sections

1437aa to 1437ee of Title 42, enacted provisions set out as notes

under sections 11371, 12747, and 12899h-1 of Title 42, amended

provisions set out as a note under section 11301 of Title 42, and

repealed provisions set out as a note under section 1701z-6 of

Title 12, Banks and Banking. For complete classification of title V

to the Code, see Tables.

The date of the effectiveness of the amendments made by this

subchapter, referred to in subsec. (b), means the effective date of

the amendments made by title V of Pub. L. 104-330, which is 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.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-400 substituted "McKinney-Vento Homeless

Assistance Act" for "Stewart B. McKinney Homeless Assistance Act"

in subsecs. (a) and (b).

EFFECTIVE DATE

Section effective Oct. 26, 1996, see section 508 of Pub. L.

104-330, set out as a note under section 4181 of this title.

-End-

-CITE-

25 USC SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING

FOR TRIBAL HOUSING

ACTIVITIES 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES

-HEAD-

SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4131, 4167 of this

title.

-End-

-CITE-

25 USC Sec. 4191 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES

-HEAD-

Sec. 4191. Authority and requirements

-STATUTE-

(a) Authority

To such extent or in such amounts as provided in appropriations

Acts, the Secretary may, subject to the limitations of this

subchapter (including limitations designed to protect and maintain

the viability of rental housing units owned or operated by the

recipient that were developed under a contract between the

Secretary and an Indian housing authority pursuant to the United

States Housing Act of 1937 [42 U.S.C. 1437 et seq.]), and upon such

terms and conditions as the Secretary may prescribe, guarantee and

make commitments to guarantee, the notes or other obligations

issued by Indian tribes or tribally designated housing entities

with tribal approval, for the purposes of financing affordable

housing activities described in section 4132 of this title and

housing related community development activity as consistent with

the purposes of this chapter.

(b) Terms of loans

Notes or other obligations guaranteed pursuant to this subchapter

shall be in such form and denominations, have such maturities, and

be subject to such conditions as may be prescribed by regulations

issued by the Secretary. The Secretary may not deny a guarantee

under this subchapter on the basis of the proposed repayment period

for the note or other obligation, unless the period is more than 20

years or the Secretary determines that the period causes the

guarantee to constitute an unacceptable financial risk.

(c) Limitation on outstanding guarantees

No guarantee or commitment to guarantee shall be made with

respect to any note or other obligation if the total outstanding

notes or obligations of the issuer guaranteed under this subchapter

(excluding any amount defeased under the contract entered into

under section 4192(a)(1) of this title) would thereby exceed an

amount equal to 5 times the amount of the grant approval for the

issuer pursuant to subchapter III of this chapter.

-SOURCE-

(Pub. L. 104-330, title VI, Sec. 601, Oct. 26, 1996, 110 Stat.

4046; Pub. L. 107-292, Sec. 7, Nov. 13, 2002, 116 Stat. 2054.)

-REFTEXT-

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in subsec.

(a), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.

93-383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified

generally to chapter 8 (Sec. 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.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-292, Sec. 7(1), inserted "and

housing related community development activity as consistent with

the purposes of this chapter" after "section 4132 of this title".

Subsecs. (b) to (d). Pub. L. 107-292, Sec. 7(2), (3),

redesignated subsecs. (c) and (d) as (b) and (c), respectively, and

struck out heading and text of former subsec. (b). Text read as

follows: "A guarantee under this subchapter may be used to assist

an Indian tribe or housing entity in obtaining financing only if

the Indian tribe or housing entity has made efforts to obtain such

financing without the use of such guarantee and cannot complete

such financing consistent with the timely execution of the program

plans without such guarantee."

EFFECTIVE DATE

Section 606 of Pub. L. 104-330 provided that: "This title

[enacting this subchapter] shall take effect on the date of the

enactment of this Act [Oct. 26, 1996]."

-End-

-CITE-

25 USC Sec. 4192 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES

-HEAD-

Sec. 4192. Security and repayment

-STATUTE-

(a) Requirements on issuer

To assure the repayment of notes or other obligations and charges

incurred under this subchapter and as a condition for receiving

such guarantees, the Secretary shall require the Indian tribe or

housing entity issuing such notes or obligations to -

(1) enter into a contract, in a form acceptable to the

Secretary, for repayment of notes or other obligations guaranteed

under this subchapter;

(2) pledge any grant for which the issuer may become eligible

under this chapter;

(3) demonstrate that the extent of such issuance and guarantee

under this subchapter is within the financial capacity of the

tribe and is not likely to impair the ability to use grant

amounts under subchapter I of this chapter, taking into

consideration the requirements under section 4133(b) of this

title; and

(4) furnish, at the discretion of the Secretary, such other

security as may be deemed appropriate by the Secretary in making

such guarantees, including increments in local tax receipts

generated by the activities assisted under this chapter or

disposition proceeds from the sale of land or rehabilitated

property.

(b) Repayment from grant amounts

Notwithstanding any other provision of this chapter -

(1) the Secretary may apply grants pledged pursuant to

subsection (a)(2) of this section to any repayments due the

United States as a result of such guarantees; and

(2) grants allocated under this chapter for an Indian tribe or

housing entity (including program income derived therefrom) may

be used to pay principal and interest due (including such

servicing, underwriting, and other costs as may be specified in

regulations issued by the Secretary) on notes or other

obligations guaranteed pursuant to this subchapter.

(c) Full faith and credit

The full faith and credit of the United States is pledged to the

payment of all guarantees made under this subchapter. Any such

guarantee made by the Secretary shall be conclusive evidence of the

eligibility of the obligations for such guarantee with respect to

principal and interest, and the validity of any such guarantee so

made shall be incontestable in the hands of a holder of the

guaranteed obligations.

-SOURCE-

(Pub. L. 104-330, title VI, Sec. 602, Oct. 26, 1996, 110 Stat.

4046.)

-REFTEXT-

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, as amended, 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.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 26, 1996, see section 606 of Pub. L.

104-330, set out as a note under section 4191 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4191 of this title.

-End-

-CITE-

25 USC Sec. 4193 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES

-HEAD-

Sec. 4193. Payment of interest

-STATUTE-

The Secretary may make, and contract to make, grants, in such

amounts as may be approved in appropriations Acts, to or on behalf

of an Indian tribe or housing entity issuing notes or other

obligations guaranteed under this subchapter, to cover not to

exceed 30 percent of the net interest cost (including such

servicing, underwriting, or other costs as may be specified in

regulations of the Secretary) to the borrowing entity or agency of

such obligations. The Secretary may also, to the extent approved in

appropriations Acts, assist the issuer of a note or other

obligation guaranteed under this subchapter in the payment of all

or a portion of the principal and interest amount due under the

note or other obligation, if the Secretary determines that the

issuer is unable to pay the amount because of circumstances of

extreme hardship beyond the control of the issuer.

-SOURCE-

(Pub. L. 104-330, title VI, Sec. 603, Oct. 26, 1996, 110 Stat.

4047.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 26, 1996, see section 606 of Pub. L.

104-330, set out as a note under section 4191 of this title.

-End-

-CITE-

25 USC Sec. 4194 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES

-HEAD-

Sec. 4194. Training and information

-STATUTE-

The Secretary, in cooperation with eligible public entities,

shall carry out training and information activities with respect to

the guarantee program under this subchapter.

-SOURCE-

(Pub. L. 104-330, title VI, Sec. 604, Oct. 26, 1996, 110 Stat.

4047.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 26, 1996, see section 606 of Pub. L.

104-330, set out as a note under section 4191 of this title.

-End-

-CITE-

25 USC Sec. 4195 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES

-HEAD-

Sec. 4195. Limitations on amount of guarantees

-STATUTE-

(a) Aggregate fiscal year limitation

Notwithstanding any other provision of law and subject only to

the absence of qualified applicants or proposed activities and to

the authority provided in this subchapter, to the extent approved

or provided in appropriations Acts, the Secretary may enter into

commitments to guarantee notes and obligations under this

subchapter with an aggregate principal amount not to exceed

$400,000,000 for each of fiscal years 1997 through 2007.

(b) Authorization of appropriations for credit subsidy

There are authorized to be appropriated to cover the costs (as

such term is defined in section 661a of title 2) of guarantees

under this subchapter such sums as may be necessary for each of

fiscal years 1997 through 2007.

(c) Aggregate outstanding limitation

The total amount of outstanding obligations guaranteed on a

cumulative basis by the Secretary pursuant to this subchapter shall

not at any time exceed $2,000,000,000 or such higher amount as may

be authorized to be appropriated for this subchapter for any fiscal

year.

(d) Fiscal year limitations on tribes

The Secretary shall monitor the use of guarantees under this

subchapter by Indian tribes. If the Secretary finds that 50 percent

of the aggregate guarantee authority under subsection (c) of this

section has been committed, the Secretary may -

(1) impose limitations on the amount of guarantees any one

Indian tribe may receive in any fiscal year of $50,000,000; or

(2) request the enactment of legislation increasing the

aggregate outstanding limitation on guarantees under this

subchapter.

-SOURCE-

(Pub. L. 104-330, title VI, Sec. 605, Oct. 26, 1996, 110 Stat.

4047; Pub. L. 107-292, Sec. 2(b), Nov. 13, 2002, 116 Stat. 2053.)

-MISC1-

AMENDMENTS

2002 - Subsecs. (a), (b). Pub. L. 107-292 substituted "1997

through 2007" for "1997, 1998, 1999, 2000, and 2001".

EFFECTIVE DATE

Section effective Oct. 26, 1996, see section 606 of Pub. L.

104-330, set out as a note under section 4191 of this title.

-End-

-CITE-

25 USC SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR

NATIVE AMERICANS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

-HEAD-

SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

-End-

-CITE-

25 USC Sec. 4211 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

-HEAD-

Sec. 4211. 50-year leasehold interest in trust or restricted lands

for housing purposes

-STATUTE-

(a) Authority to lease

Notwithstanding any other provision of law, any trust or

restricted Indian lands, whether tribally or individually owned,

may be leased by the Indian owners, subject to the approval of the

affected Indian tribe and the Secretary of the Interior, for

housing development and residential purposes.

(b) Term

Each lease pursuant to subsection (a) of this section shall be

for a term not exceeding 50 years.

(c) Rule of construction

This section may not be construed to repeal, limit, or affect any

authority to lease any trust or restricted Indian lands that -

(1) is conferred by or pursuant to any other provision of law;

or

(2) provides for leases for any period exceeding 50 years.

(d) Self-implementation

This section is intended to be self-implementing and shall not

require the issuance of any rule, regulation, or order to take

effect as provided in section 705.

-SOURCE-

(Pub. L. 104-330, title VII, Sec. 702, Oct. 26, 1996, 110 Stat.

4050.)

-REFTEXT-

REFERENCES IN TEXT

Section 705, referred to in subsec. (d), is section 705 of Pub.

L. 104-330, which is set out as an Effective Date note below.

-MISC1-

EFFECTIVE DATE

Section 705 of title VII of Pub. L. 104-330 provided that: "This

title [enacting this subchapter and amending sections 1715z-13a and

1721 of Title 12, Banks and Banking, and sections 11902 to 11905 of

Title 42, The Public Health and Welfare] and the amendments made by

this title (but not including the amendments made by section 704

[amending sections 11902 to 11905 of Title 42]) shall take effect

on the date of the enactment of this Act [Oct. 26, 1996]."

-End-

-CITE-

25 USC Sec. 4212 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

-HEAD-

Sec. 4212. Training and technical assistance

-STATUTE-

There are authorized to be appropriated for assistance for a

national organization representing Native American housing

interests for providing training and technical assistance to Indian

housing authorities and tribally designated housing entities such

sums as may be necessary for each of fiscal years 1997 through

2007.

-SOURCE-

(Pub. L. 104-330, title VII, Sec. 703, Oct. 26, 1996, 110 Stat.

4051; Pub. L. 107-292, Sec. 2(c), Nov. 13, 2002, 116 Stat. 2053.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-292 substituted "1997 through 2007" for "1997,

1998, 1999, 2000, and 2001".

EFFECTIVE DATE

Section effective Oct. 26, 1996, see section 705 of Pub. L.

104-330, set out as a note under section 4211 of this title.

-End-

-CITE-

25 USC SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE

HAWAIIANS 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-End-

-CITE-

25 USC Sec. 4221 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4221. Definitions

-STATUTE-

In this subchapter:

(1) Department of Hawaiian Home Lands; Department

The term "Department of Hawaiian Home Lands" or "Department"

means the agency or department of the government of the State of

Hawaii that is responsible for the administration of the Hawaiian

Homes Commission Act, 1920 (42 Stat. 108 et seq.).

(2) Director

The term "Director" means the Director of the Department of

Hawaiian Home Lands.

(3) Elderly families; near-elderly families

(A) In general

The term "elderly family" or "near-elderly family" means a

family whose head (or his or her spouse), or whose sole member,

is -

(i) for an elderly family, an elderly person; or

(ii) for a near-elderly family, a near-elderly person.

(B) Certain families included

The term "elderly family" or "near-elderly family" includes -

(i) two or more elderly persons or near-elderly persons, as

the case may be, living together; and

(ii) one or more persons described in clause (i) living

with one or more persons determined under the housing plan to

be essential to their care or well-being.

(4) Hawaiian Home Lands

The term "Hawaiian Home Lands" means lands that -

(A) have the status as Hawaiian home lands under section 204

of the Hawaiian Homes Commission Act, 1920 (42 Stat. 110); or

(B) are acquired pursuant to that Act.

(5) Housing area

The term "housing area" means an area of Hawaiian Home Lands

with respect to which the Department of Hawaiian Home Lands is

authorized to provide assistance for affordable housing under

this chapter.

(6) Housing entity

The term "housing entity" means the Department of Hawaiian Home

Lands.

(7) Housing plan

The term "housing plan" means a plan developed by the

Department of Hawaiian Home Lands.

(8) Median income

The term "median income" means, with respect to an area that is

a Hawaiian housing area, the greater of -

(A) the median income for the Hawaiian housing area, which

shall be determined by the Secretary; or

(B) the median income for the State of Hawaii.

(9) Native Hawaiian

The term "Native Hawaiian" means any individual who is -

(A) a citizen of the United States; and

(B) a descendant of the aboriginal people, who, prior to

1778, occupied and exercised sovereignty in the area that

currently constitutes the State of Hawaii, as evidenced by -

(i) genealogical records;

(ii) verification by kupuna (elders) or kamag131'aina

(long-term community residents); or

(iii) birth records of the State of Hawaii.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 801, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2876, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2969.)

-REFTEXT-

REFERENCES IN TEXT

The Hawaiian Homes Commission Act, 1920, referred to in pars. (1)

and (4)(B), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended,

which was classified generally to sections 691 to 718 of Title 48,

Territories and Insular Possessions, and was omitted from the Code.

This chapter, referred to in par. (5), was in the original "this

Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as

amended, 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.

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

substantially identical sections 801 of Pub. L. 104-330. This

section is based on the text of section 801 of Pub. L. 104-330, as

added by Pub. L. 106-569, Sec. 513.

-MISC1-

EFFECTIVE DATE

Pub. L. 104-330, title VIII, Sec. 808, as added by Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2979, provided

that: "Except as otherwise expressly provided in this title

[enacting this subchapter], this title shall take effect on the

date of the enactment of the American Homeownership and Economic

Opportunity Act of 2000 [Pub. L. 106-569, approved Dec. 27, 2000]."

Pub. L. 104-330, title VIII, Sec. 808, as added by Pub. L.

106-568, title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2885,

provided that: "Except as otherwise expressly provided in this

title [enacting this subchapter], this title shall take effect on

the date of the enactment of the Native American Housing Assistance

and Self-Determination Amendments of 2000 [probably should be the

Hawaiian Homelands Ownership Act of 2000, title II of Pub. L.

106-568, approved Dec. 27, 2000]."

FINDINGS

Pub. L. 106-569, title V, Sec. 512, Dec. 27, 2000, 114 Stat.

2966, provided that: "The Congress finds that -

"(1) the United States has undertaken a responsibility to

promote the general welfare of the United States by -

"(A) employing its resources to remedy the unsafe and

unsanitary housing conditions and the acute shortage of decent,

safe, and sanitary dwellings for families of lower income; and

"(B) developing effective partnerships with governmental and

private entities to accomplish the objectives referred to in

subparagraph (A);

"(2) the United States has a special responsibility for the

welfare of the Native peoples of the United States, including

Native Hawaiians;

"(3) pursuant to the provisions of the Hawaiian Homes

Commission Act, 1920 (42 Stat. 108 et seq.) [former 48 U.S.C. 691

et seq.], the United States set aside 200,000 acres of land in

the Federal territory that later became the State of Hawaii in

order to establish a homeland for the native people of Hawaii -

Native Hawaiians;

"(4) despite the intent of Congress in 1920 to address the

housing needs of Native Hawaiians through the enactment of the

Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.),

Native Hawaiians eligible to reside on the Hawaiian home lands

have been foreclosed from participating in Federal housing

assistance programs available to all other eligible families in

the United States;

"(5) although Federal housing assistance programs have been

administered on a racially neutral basis in the State of Hawaii,

Native Hawaiians continue to have the greatest unmet need for

housing and the highest rates of overcrowding in the United

States;

"(6) among the Native American population of the United States,

Native Hawaiians experience the highest percentage of housing

problems in the United States, as the percentage -

"(A) of housing problems in the Native Hawaiian population is

49 percent, as compared to -

"(i) 44 percent for American Indian and Alaska Native

households in Indian country; and

"(ii) 27 percent for all other households in the United

States; and

"(B) overcrowding in the Native Hawaiian population is 36

percent as compared to 3 percent for all other households in

the United States;

"(7) among the Native Hawaiian population, the needs of Native

Hawaiians, as that term is defined in section 801 of the Native

American Housing Assistance and Self-Determination Act of 1996

[25 U.S.C. 4221] (as added by this subtitle), eligible to reside

on the Hawaiian Home Lands are the most severe, as -

"(A) the percentage of overcrowding in Native Hawaiian

households on the Hawaiian Home Lands is 36 percent; and

"(B) approximately 13,000 Native Hawaiians, which constitute

95 percent of the Native Hawaiians who are eligible to reside

on the Hawaiian Home Lands, are in need of housing;

"(8) applying the Department of Housing and Urban Development

guidelines -

"(A) 70.8 percent of Native Hawaiians who either reside or

who are eligible to reside on the Hawaiian Home Lands have

incomes that fall below the median family income; and

"(B) 50 percent of Native Hawaiians who either reside or who

are eligible to reside on the Hawaiian Home Lands have incomes

below 30 percent of the median family income;

"(9) one-third of those Native Hawaiians who are eligible to

reside on the Hawaiian Home Lands pay more than 30 percent of

their income for shelter, and one-half of those Native Hawaiians

face overcrowding;

"(10) the extraordinarily severe housing needs of Native

Hawaiians demonstrate that Native Hawaiians who either reside on,

or are eligible to reside on, Hawaiian Home Lands have been

denied equal access to Federal low-income housing assistance

programs available to other qualified residents of the United

States, and that a more effective means of addressing their

housing needs must be authorized;

"(11) consistent with the recommendations of the National

Commission on American Indian, Alaska Native, and Native Hawaiian

Housing, and in order to address the continuing prevalence of

extraordinarily severe housing needs among Native Hawaiians who

either reside or are eligible to reside on the Hawaiian Home

Lands, Congress finds it necessary to extend the Federal

low-income housing assistance available to American Indians and

Alaska Natives under the Native American Housing Assistance and

Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) to those

Native Hawaiians;

"(12) under the treatymaking power of the United States,

Congress had the constitutional authority to confirm a treaty

between the United States and the government that represented the

Hawaiian people, and from 1826 until 1893, the United States

recognized the independence of the Kingdom of Hawaii, extended

full diplomatic recognition to the Hawaiian Government, and

entered into treaties and conventions with the Hawaiian monarchs

to govern commerce and navigation in 1826, 1842, 1849, 1875, and

1887;

"(13) the United States has recognized and reaffirmed that -

"(A) Native Hawaiians have a cultural, historic, and

land-based link to the indigenous people who exercised

sovereignty over the Hawaiian Islands, and that group has never

relinquished its claims to sovereignty or its sovereign lands;

"(B) Congress does not extend services to Native Hawaiians

because of their race, but because of their unique status as

the indigenous people of a once sovereign nation as to whom the

United States has established a trust relationship;

"(C) Congress has also delegated broad authority to

administer a portion of the Federal trust responsibility to the

State of Hawaii;

"(D) the political status of Native Hawaiians is comparable

to that of American Indians and Alaska Natives; and

"(E) the aboriginal, indigenous people of the United States

have -

"(i) a continuing right to autonomy in their internal

affairs; and

"(ii) an ongoing right of self-determination and

self-governance that has never been extinguished;

"(14) the political relationship between the United States and

the Native Hawaiian people has been recognized and reaffirmed by

the United States as evidenced by the inclusion of Native

Hawaiians in -

"(A) the Native American Programs Act of 1974 (42 U.S.C. 2291

[2991] et seq.);

"(B) the American Indian Religious Freedom Act (42 U.S.C.

1996 et seq.);

"(C) the National Museum of the American Indian Act (20

U.S.C. 80q et seq.);

"(D) the Native American Graves Protection and Repatriation

Act (25 U.S.C. 3001 et seq.);

"(E) the National Historic Preservation Act (16 U.S.C. 470 et

seq.);

"(F) the Native American Languages Act of 1992 (106 Stat.

3434 [Pub. L. 102-524, see Short Title of 1992 Amendment note

set out under section 2991 of Title 42, The Public Health and

Welfare]);

"(G) the American Indian, Alaska Native and Native Hawaiian

Culture and Arts [Art] Development Act (20 U.S.C. 4401 et

seq.);

"(H) the Job Training Partnership Act ([former] 29 U.S.C.

1501 et seq.); and

"(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et

seq.); and

"(15) in the area of housing, the United States has recognized

and reaffirmed the political relationship with the Native

Hawaiian people through -

"(A) the enactment of the Hawaiian Homes Commission Act, 1920

(42 Stat. 108 et seq.), which set aside approximately 200,000

acres of public lands that became known as Hawaiian Home Lands

in the Territory of Hawaii that had been ceded to the United

States for homesteading by Native Hawaiians in order to

rehabilitate a landless and dying people;

"(B) the enactment of the Act entitled 'An Act to provide for

the admission of the State of Hawaii into the Union', approved

March 18, 1959 (73 Stat. 4) [Pub. L. 86-3, 48 U.S.C. note prec.

491] -

"(i) by ceding to the State of Hawaii title to the public

lands formerly held by the United States, and mandating that

those lands be held in public trust, for the betterment of

the conditions of Native Hawaiians, as that term is defined

in section 201 of the Hawaiian Homes Commission Act, 1920 (42

Stat. 108 et seq.); and

"(ii) by transferring the United States responsibility for

the administration of Hawaiian Home Lands to the State of

Hawaii, but retaining the authority to enforce the trust,

including the exclusive right of the United States to consent

to any actions affecting the lands which comprise the corpus

of the trust and any amendments to the Hawaiian Homes

Commission Act, 1920 (42 Stat. 108 et seq.), enacted by the

legislature of the State of Hawaii affecting the rights of

beneficiaries under the Act;

"(C) the authorization of mortgage loans insured by the

Federal Housing Administration for the purchase, construction,

or refinancing of homes on Hawaiian Home Lands under the

National Housing Act (Public Law 479; 73d Congress; 12 U.S.C.

1701 et seq.);

"(D) authorizing Native Hawaiian representation on the

National Commission on American Indian, Alaska Native, and

Native Hawaiian Housing under Public Law 101-235 [see Tables

for classification];

"(E) the inclusion of Native Hawaiians in the definition

under section 3764 of title 38, United States Code, applicable

to subchapter V of chapter 37 of title 38, United States Code

(relating to a housing loan program for Native American

veterans); and

"(F) the enactment of the Hawaiian Home Lands Recovery Act

(109 Stat. 357; 48 U.S.C. 491, note prec.) [Pub. L. 104-42,

title II] which establishes a process for the conveyance of

Federal lands to the Department of Hawaiian Homes Lands that

are equivalent in value to lands acquired by the United States

from the Hawaiian Home Lands inventory."

Substantially identical provisions were contained in Pub. L.

106-568, title II, Sec. 202, Dec. 27, 2000, 114 Stat. 2872.

-End-

-CITE-

25 USC Sec. 4222 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4222. Block grants for affordable housing activities

-STATUTE-

(a) Grant authority

For each fiscal year, the Secretary shall (to the extent amounts

are made available to carry out this subchapter) make a grant under

this subchapter to the Department of Hawaiian Home Lands to carry

out affordable housing activities for Native Hawaiian families who

are eligible to reside on the Hawaiian Home Lands.

(b) Plan requirement

(1) In general

The Secretary may make a grant under this subchapter to the

Department of Hawaiian Home Lands for a fiscal year only if -

(A) the Director has submitted to the Secretary a housing

plan for that fiscal year; and

(B) the Secretary has determined under section 4224 of this

title that the housing plan complies with the requirements of

section 4223 of this title.

(2) Waiver

The Secretary may waive the applicability of the requirements

under paragraph (1), in part, if the Secretary finds that the

Department of Hawaiian Home Lands has not complied or cannot

comply with those requirements due to circumstances beyond the

control of the Department of Hawaiian Home Lands.

(c) Use of funds for affordable housing activities under plan

Except as provided in subsection (e) of this section, amounts

provided under a grant under this section may be used only for

affordable housing activities under this subchapter that are

consistent with a housing plan approved under section 4224 of this

title.

(d) Administrative expenses

(1) In general

The Secretary shall, by regulation, authorize the Department of

Hawaiian Home Lands to use a percentage of any grant amounts

received under this subchapter for any reasonable administrative

and planning expenses of the Department relating to carrying out

this subchapter and activities assisted with those amounts.

(2) Administrative and planning expenses

The administrative and planning expenses referred to in

paragraph (1) include -

(A) costs for salaries of individuals engaged in

administering and managing affordable housing activities

assisted with grant amounts provided under this subchapter; and

(B) expenses incurred in preparing a housing plan under

section 4223 of this title.

(e) Public-private partnerships

The Director shall make all reasonable efforts, consistent with

the purposes of this subchapter, to maximize participation by the

private sector, including nonprofit organizations and for-profit

entities, in implementing a housing plan that has been approved by

the Secretary under section 4223 of this title.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 802, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2877, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2971.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 802 of Pub. L. 104-330. This section is based on

the text of section 802 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4223 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4223. Housing plan

-STATUTE-

(a) Plan submission

The Secretary shall -

(1) require the Director to submit a housing plan under this

section for each fiscal year; and

(2) provide for the review of each plan submitted under

paragraph (1).

(b) Five-year plan

Each housing plan under this section shall -

(1) be in a form prescribed by the Secretary; and

(2) contain, with respect to the 5-year period beginning with

the fiscal year for which the plan is submitted, the following

information:

(A) Mission statement. - A general statement of the mission

of the Department of Hawaiian Home Lands to serve the needs of

the low-income families to be served by the Department.

(B) Goals and objectives. - A statement of the goals and

objectives of the Department of Hawaiian Home Lands to enable

the Department to serve the needs identified in subparagraph

(A) during the period.

(C) Activities plans. - An overview of the activities planned

during the period including an analysis of the manner in which

the activities will enable the Department to meet its mission,

goals, and objectives.

(c) One-year plan

A housing plan under this section shall -

(1) be in a form prescribed by the Secretary; and

(2) contain the following information relating to the fiscal

year for which the assistance under this subchapter is to be made

available:

(A) Goals and objectives. - A statement of the goals and

objectives to be accomplished during the period covered by the

plan.

(B) Statement of needs. - A statement of the housing needs of

the low-income families served by the Department and the means

by which those needs will be addressed during the period

covered by the plan, including -

(i) a description of the estimated housing needs and the

need for assistance for the low-income families to be served

by the Department, including a description of the manner in

which the geographical distribution of assistance is

consistent with -

(I) the geographical needs of those families; and

(II) needs for various categories of housing assistance;

and

(ii) a description of the estimated housing needs for all

families to be served by the Department.

(C) Financial resources. - An operating budget for the

Department of Hawaiian Home Lands, in a form prescribed by the

Secretary, that includes -

(i) an identification and a description of the financial

resources reasonably available to the Department to carry out

the purposes of this subchapter, including an explanation of

the manner in which amounts made available will be used to

leverage additional resources; and

(ii) the uses to which the resources described in clause

(i) will be committed, including -

(I) eligible and required affordable housing activities;

and

(II) administrative expenses.

(D) Affordable housing resources. - A statement of the

affordable housing resources currently available at the time of

the submittal of the plan and to be made available during the

period covered by the plan, including -

(i) a description of the significant characteristics of the

housing market in the State of Hawaii, including the

availability of housing from other public sources, private

market housing;

(ii) the manner in which the characteristics referred to in

clause (i) influence the decision of the Department of

Hawaiian Home Lands to use grant amounts to be provided under

this subchapter for -

(I) rental assistance;

(II) the production of new units;

(III) the acquisition of existing units; or

(IV) the rehabilitation of units;

(iii) a description of the structure, coordination, and

means of cooperation between the Department of Hawaiian Home

Lands and any other governmental entities in the development,

submission, or implementation of housing plans, including a

description of -

(I) the involvement of private, public, and nonprofit

organizations and institutions;

(II) the use of loan guarantees under section 1715z-13b

of title 12; and

(III) other housing assistance provided by the United

States, including loans, grants, and mortgage insurance;

(iv) a description of the manner in which the plan will

address the needs identified pursuant to subparagraph (C);

(v) a description of -

(I) any existing or anticipated homeownership programs

and rental programs to be carried out during the period

covered by the plan; and

(II) the requirements and assistance available under the

programs referred to in subclause (I);

(vi) a description of -

(I) any existing or anticipated housing rehabilitation

programs necessary to ensure the long-term viability of the

housing to be carried out during the period covered by the

plan; and

(II) the requirements and assistance available under the

programs referred to in subclause (I);

(vii) a description of -

(I) all other existing or anticipated housing assistance

provided by the Department of Hawaiian Home Lands during

the period covered by the plan, including -

(aa) transitional housing;

(bb) homeless housing;

(cc) college housing; and

(dd) supportive services housing; and

(II) the requirements and assistance available under such

programs;

(viii)(I) a description of any housing to be demolished or

disposed of;

(II) a timetable for that demolition or disposition; and

(III) any other information required by the Secretary with

respect to that demolition or disposition;

(ix) a description of the manner in which the Department of

Hawaiian Home Lands will coordinate with welfare agencies in

the State of Hawaii to ensure that residents of the

affordable housing will be provided with access to resources

to assist in obtaining employment and achieving

self-sufficiency;

(x) a description of the requirements established by the

Department of Hawaiian Home Lands to -

(I) promote the safety of residents of the affordable

housing;

(II) facilitate the undertaking of crime prevention

measures;

(III) allow resident input and involvement, including the

establishment of resident organizations; and

(IV) allow for the coordination of crime prevention

activities between the Department and local law enforcement

officials; and

(xi) a description of the entities that will carry out the

activities under the plan, including the organizational

capacity and key personnel of the entities.

(E) Certification of compliance. - Evidence of compliance

that shall include, as appropriate -

(i) a certification that the Department of Hawaiian Home

Lands will comply with -

(I) title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d et seq.) or with the Fair Housing Act (42 U.S.C. 3601

et seq.) in carrying out this subchapter, to the extent

that such title (!1) is applicable; and

(II) other applicable Federal statutes;

(ii) a certification that the Department will require

adequate insurance coverage for housing units that are owned

and operated or assisted with grant amounts provided under

this subchapter, in compliance with such requirements as may

be established by the Secretary;

(iii) a certification that policies are in effect and are

available for review by the Secretary and the public

governing the eligibility, admission, and occupancy of

families for housing assisted with grant amounts provided

under this subchapter;

(iv) a certification that policies are in effect and are

available for review by the Secretary and the public

governing rents charged, including the methods by which such

rents or homebuyer payments are determined, for housing

assisted with grant amounts provided under this subchapter;

and

(v) a certification that policies are in effect and are

available for review by the Secretary and the public

governing the management and maintenance of housing assisted

with grant amounts provided under this subchapter.

(d) Applicability of civil rights statutes

(1) In general

To the extent that the requirements of title VI of the Civil

Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of the Fair

Housing Act (42 U.S.C. 3601 et seq.) apply to assistance provided

under this subchapter, nothing in the requirements concerning

discrimination on the basis of race shall be construed to prevent

the provision of assistance under this subchapter -

(A) to the Department of Hawaiian Home Lands on the basis

that the Department served Native Hawaiians; or

(B) to an eligible family on the basis that the family is a

Native Hawaiian family.

(2) Civil rights

Program eligibility under this subchapter may be restricted to

Native Hawaiians. Subject to the preceding sentence, no person

may be discriminated against on the basis of race, color,

national origin, religion, sex, familial status, or disability.

(e) Use of nonprofit organizations

As a condition of receiving grant amounts under this subchapter,

the Department of Hawaiian Home Lands shall, to the extent

practicable, provide for private nonprofit organizations

experienced in the planning and development of affordable housing

for Native Hawaiians to carry out affordable housing activities

with those grant amounts.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 803, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2878, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2971.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsecs.

(c)(2)(E)(i)(I) and (d)(1), is Pub. L. 88-352, July 2, 1964, 78

Stat. 241, as amended. Title VI of the Act is classified generally

to subchapter V (Sec. 2000d et seq.) of chapter 21 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 2000a of

Title 42 and Tables.

The Fair Housing Act, referred to in subsecs. (c)(2)(E)(i)(I) and

(d)(1), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat.

81, as amended, which is classified principally to subchapter I

(Sec. 3601 et seq.) of chapter 45 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 3601 of Title 42 and

Tables.

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

substantially identical sections 803 of Pub. L. 104-330. This

section is based on the text of section 803 of Pub. L. 104-330, as

added by Pub. L. 106-569, Sec. 513. Section 803 of Pub. L. 104-330,

as added by Pub. L. 106-568, referred to title VIII of the Act

popularly known as the Civil Rights Act of 1968 instead of the Fair

Housing Act in subsecs. (c)(2)(E)(i)(I) and (d)(1). Title VIII of

the Civil Rights Act of 1968 is title VIII of Pub. L. 90-284 which

is known as the Fair Housing Act, see References in Text note

above. The reference to "such title" in subsec. (c)(2)(E)(i)(I)

probably refers to title VI of the Civil Rights Act of 1964 and

title VIII of the Civil Rights Act of 1968 (the Fair Housing Act).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4222, 4224, 4228, 4231,

4233, 4239, 4240 of this title; title 12 section 1715z-13b.

-FOOTNOTE-

(!1) See Codification note below.

-End-

-CITE-

25 USC Sec. 4224 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4224. Review of plans

-STATUTE-

(a) Review and notice

(1) Review

(A) In general

The Secretary shall conduct a review of a housing plan

submitted to the Secretary under section 4223 of this title to

ensure that the plan complies with the requirements of that

section.

(B) Limitation

The Secretary shall have the discretion to review a plan

referred to in subparagraph (A) only to the extent that the

Secretary considers that the review is necessary.

(2) Notice

(A) In general

Not later than 60 days after receiving a plan under section

4223 of this title, the Secretary shall notify the Director of

the Department of Hawaiian Home Lands whether the plan complies

with the requirements under that section.

(B) Effect of failure of Secretary to take action

For purposes of this subchapter, if the Secretary does not

notify the Director, as required under this subsection and

subsection (b) of this section, upon the expiration of the

60-day period described in subparagraph (A) -

(i) the plan shall be considered to have been determined to

comply with the requirements under section 4223 of this

title; and

(ii) the Director shall be considered to have been notified

of compliance.

(b) Notice of reasons for determination of noncompliance

If the Secretary determines that a plan submitted under section

4223 of this title does not comply with the requirements of that

section, the Secretary shall specify in the notice under subsection

(a) of this section -

(1) the reasons for noncompliance; and

(2) any modifications necessary for the plan to meet the

requirements of section 4223 of this title.

(c) Review

(1) In general

After the Director of the Department of Hawaiian Home Lands

submits a housing plan under section 4223 of this title, or any

amendment or modification to the plan to the Secretary, to the

extent that the Secretary considers such action to be necessary

to make a determination under this subsection, the Secretary

shall review the plan (including any amendments or modifications

thereto) to determine whether the contents of the plan -

(A) set forth the information required by section 4223 of

this title to be contained in the housing plan;

(B) are consistent with information and data available to the

Secretary; and

(C) are not prohibited by or inconsistent with any provision

of this chapter or any other applicable law.

(2) Incomplete plans

If the Secretary determines under this subsection that any of

the appropriate certifications required under section

4223(c)(2)(E) of this title are not included in a plan, the plan

shall be considered to be incomplete.

(d) Updates to plan

(1) In general

Subject to paragraph (2), after a plan under section 4223 of

this title has been submitted for a fiscal year, the Director of

the Department of Hawaiian Home Lands may comply with the

provisions of that section for any succeeding fiscal year (with

respect to information included for the 5-year period under

section 4223(b) of this title or for the 1-year period under

section 4223(c) of this title) by submitting only such

information regarding such changes as may be necessary to update

the plan previously submitted.

(2) Complete plans

The Director shall submit a complete plan under section 4223 of

this title not later than 4 years after submitting an initial

plan under that section, and not less frequently than every 4

years thereafter.

(e) Effective date

This section and section 4223 of this title shall take effect on

the date provided by the Secretary pursuant to section 4227(a) (!1)

of this title to provide for timely submission and review of the

housing plan as necessary for the provision of assistance under

this subchapter for fiscal year 2001.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 804, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2881, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2975.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

substantially identical sections 804 of Pub. L. 104-330. This

section is based on the text of section 804 of Pub. L. 104-330, as

added by Pub. L. 106-569, Sec. 513.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4222 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be section "4227".

-End-

-CITE-

25 USC Sec. 4225 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4225. Treatment of program income and labor standards

-STATUTE-

(a) Program income

(1) Authority to retain

The Department of Hawaiian Home Lands may retain any program

income that is realized from any grant amounts received by the

Department under this subchapter if -

(A) that income was realized after the initial disbursement

of the grant amounts received by the Department; and

(B) the Director agrees to use the program income for

affordable housing activities in accordance with the provisions

of this subchapter.

(2) Prohibition of reduction of grant

The Secretary may not reduce the grant amount for the

Department of Hawaiian Home Lands based solely on -

(A) whether the Department retains program income under

paragraph (1); or

(B) the amount of any such program income retained.

(3) Exclusion of amounts

The Secretary may, by regulation, exclude from consideration as

program income any amounts determined to be so small that

compliance with the requirements of this subsection would create

an unreasonable administrative burden on the Department.

(b) Labor standards

(1) In general

Any contract or agreement for assistance, sale, or lease

pursuant to this subchapter shall contain -

(A) a provision requiring that an amount not less than the

wages prevailing in the locality, as determined or adopted

(subsequent to a determination under applicable State or local

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

technical engineers, draftsmen, technicians employed in the

development and all maintenance, and laborers and mechanics

employed in the operation, of the affordable housing project

involved; and

(B) a provision that an amount not less than the wages

prevailing in the locality, as predetermined by the Secretary

of Labor pursuant to sections 3141-3144, 3146, and 3147 of

title 40 shall be paid to all laborers and mechanics employed

in the development of the affordable housing involved.

(2) Exceptions

Paragraph (1) and provisions relating to wages required under

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

or lease under this subchapter, shall not apply to any individual

who performs the services for which the individual volunteered

and who is not otherwise employed at any time in the construction

work and received no compensation or is paid expenses, reasonable

benefits, or a nominal fee for those services.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 805, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2976.)

-COD-

CODIFICATION

"Sections 3141-3144, 3146, and 3147 of title 40" substituted in

subsec. (b)(1)(B) for "the Act commonly known as the 'Davis-Bacon

Act' (46 Stat. 1494; chapter 411; 40 U.S.C. 276a et seq.)" on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

substantially identical sections 805 of Pub. L. 104-330. This

section is based on the text of section 805 of Pub. L. 104-330, as

added by Pub. L. 106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4226 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4226. Environmental review

-STATUTE-

(a) In general

(1) Release of funds

(A) In general

The Secretary may carry out the alternative environmental

protection procedures described in subparagraph (B) in order to

ensure -

(i) 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 subchapter; and

(ii) to the public undiminished protection of the

environment.

(B) Alternative environmental protection procedure

In lieu of applying environmental protection procedures

otherwise applicable, the Secretary may by regulation provide

for the release of funds for specific projects to the

Department of Hawaiian Home Lands if the Director of the

Department assumes all of the responsibilities for

environmental review, decisionmaking, and action 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, that would apply to the Secretary were

the Secretary to undertake those 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 the

Department of Hawaiian Home Lands for grant amounts with respect

to any specific release of funds.

(b) Procedure

(1) In general

The Secretary shall authorize the release of funds subject to

the procedures under this section only if, not less than 15 days

before that approval and before any commitment of funds to such

projects, the Director of the Department of Hawaiian Home Lands

submits to the Secretary a request for such release accompanied

by a certification that meets the requirements of subsection (c)

of this section.

(2) Effect of approval

The approval of the Secretary of a certification described in

paragraph (1) 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 to the extent that those

responsibilities relate to the releases of funds for projects

that are covered by that certification.

(c) Certification

A certification under the procedures under this section shall -

(1) be in a form acceptable to the Secretary;

(2) be executed by the Director of the Department of Hawaiian

Home Lands;

(3) specify that the Department of Hawaiian Home Lands has

fully carried out its responsibilities as described under

subsection (a) of this section; and

(4) specify that the Director -

(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 specified in

regulations issued by the Secretary to the extent that those

laws apply by reason of subsection (a) of this section; and

(B) is authorized and consents on behalf of the Department of

Hawaiian Home Lands and the Director to accept the jurisdiction

of the Federal courts for the purpose of enforcement of the

responsibilities of the Director of the Department of Hawaiian

Home Lands as such an official.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 806, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2977.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsecs. (a)(1), (b)(2), and (c)(4)(A), is Pub. L. 91-190, Jan. 1,

1970, 83 Stat. 852, as amended, which is classified generally to

chapter 55 (Sec. 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.

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

substantially identical sections 806 of Pub. L. 104-330. This

section is based on the text of section 806 of Pub. L. 104-330, as

added by Pub. L. 106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4227 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4227. Regulations

-STATUTE-

The Secretary shall issue final regulations necessary to carry

out this subchapter not later than October 1, 2001.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 807, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2979.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

substantially identical sections 807 of Pub. L. 104-330. This

section is based on the text of section 807 of Pub. L. 104-330, as

added by Pub. L. 106-569, Sec. 513. Section 807 of Pub. L. 104-330,

as added by Pub. L. 106-568, Sec. 203, required the issuance of

final regulations not later than October 1, 2000, instead of

October 1, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4224, 4236 of this title.

-End-

-CITE-

25 USC Sec. 4228 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4228. Affordable housing activities

-STATUTE-

(a) (!1) National objectives and eligible families

(1) Primary objective

The national objectives of this subchapter are -

(A) to assist and promote affordable housing activities to

develop, maintain, and operate affordable housing in safe and

healthy environments for occupancy by low-income Native

Hawaiian families;

(B) to ensure better access to private mortgage markets and

to promote self-sufficiency of low-income Native Hawaiian

families;

(C) to coordinate activities to provide housing for

low-income Native Hawaiian families with Federal, State, and

local activities to further economic and community development;

(D) to plan for and integrate infrastructure resources on the

Hawaiian Home Lands with housing development; and

(E) to -

(i) promote the development of private capital markets; and

(ii) allow the markets referred to in clause (i) to operate

and grow, thereby benefiting Native Hawaiian communities.

(2) Eligible families

(A) In general

Except as provided under subparagraph (B), assistance for

eligible housing activities under this subchapter shall be

limited to low-income Native Hawaiian families.

(B) Exception to low-income requirement

(i) In general

The Director may provide assistance for homeownership

activities under -

(I) section 4229(b) of this title;

(II) model activities under section 4229(f) of this

title; or

(III) loan guarantee activities under section 1715z-13b

of title 12 to Native Hawaiian families who are not

low-income families, to the extent that the Secretary

approves the activities under that section to address a

need for housing for those families that cannot be

reasonably met without that assistance.

(ii) Limitations

The Secretary shall establish limitations on the amount of

assistance that may be provided under this subchapter for

activities for families that are not low-income families.

(C) Other families

Notwithstanding paragraph (1), the Director may provide

housing or housing assistance provided through affordable

housing activities assisted with grant amounts under this

subchapter to a family that is not composed of Native Hawaiians

if -

(i) the Department determines that the presence of the

family in the housing involved is essential to the well-being

of Native Hawaiian families; and

(ii) the need for housing for the family cannot be

reasonably met without the assistance.

(D) Preference

(i) In general

A housing plan submitted under section 4223 of this title

may authorize a preference, for housing or housing assistance

provided through affordable housing activities assisted with

grant amounts provided under this subchapter to be provided,

to the extent practicable, to families that are eligible to

reside on the Hawaiian Home Lands.

(ii) Application

In any case in which a housing plan provides for preference

described in clause (i), the Director shall ensure that

housing activities that are assisted with grant amounts under

this subchapter are subject to that preference.

(E) Use of nonprofit organizations

As a condition of receiving grant amounts under this

subchapter, the Department of Hawaiian Home Lands, shall to the

extent practicable, provide for private nonprofit organizations

experienced in the planning and development of affordable

housing for Native Hawaiians to carry out affordable housing

activities with those grant amounts.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 809, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2979.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 809 of Pub. L. 104-330. This section is based on

the text of section 809 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4232 of this title.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

25 USC Sec. 4229 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4229. Eligible affordable housing activities

-STATUTE-

(a) In general

Affordable housing activities under this section are activities

conducted in accordance with the requirements of section 4230 of

this title to -

(1) develop or to support affordable housing for rental or

homeownership; or

(2) provide housing services with respect to affordable

housing, through the activities described in subsection (b) of

this section.

(b) Activities

The activities described in this subsection are the following:

(1) Development

The acquisition, new construction, reconstruction, or moderate

or substantial rehabilitation of affordable housing, which may

include -

(A) real property acquisition;

(B) site improvement;

(C) the development of utilities and utility services;

(D) conversion;

(E) demolition;

(F) financing;

(G) administration and planning; and

(H) other related activities.

(2) Housing services

The provision of housing-related services for affordable

housing, including -

(A) housing counseling in connection with rental or

homeownership assistance;

(B) the establishment and support of resident organizations

and resident management corporations;

(C) energy auditing;

(D) activities related to the provisions of self-sufficiency

and other services; and

(E) other services related to assisting owners, tenants,

contractors, and other entities participating or seeking to

participate in other housing activities assisted pursuant to

this section.

(3) Housing management services

The provision of management services for affordable housing,

including -

(A) the preparation of work specifications;

(B) loan processing;

(C) inspections;

(D) tenant selection;

(E) management of tenant-based rental assistance; and

(F) management of affordable housing projects.

(4) Crime prevention and safety activities

The provision of safety, security, and law enforcement measures

and activities appropriate to protect residents of affordable

housing from crime.

(5) Model activities

Housing activities under model programs that are -

(A) designed to carry out the purposes of this subchapter;

and

(B) specifically approved by the Secretary as appropriate for

the purpose referred to in subparagraph (A).

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 810, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2886, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2980.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 810 of Pub. L. 104-330. This section is based on

the text of section 810 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4228, 4230 of this title.

-End-

-CITE-

25 USC Sec. 4230 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4230. Program requirements

-STATUTE-

(a) Rents

(1) Establishment

Subject to paragraph (2), as a condition to receiving grant

amounts under this subchapter, the Director shall develop written

policies governing rents and homebuyer payments charged for

dwelling units assisted under this subchapter, including methods

by which such rents and homebuyer payments are determined.

(2) Maximum rent

In the case of any low-income family residing in a dwelling

unit assisted with grant amounts under this subchapter, the

monthly rent or homebuyer payment (as applicable) for that

dwelling unit may not exceed 30 percent of the monthly adjusted

income of that family.

(b) Maintenance and efficient operation

(1) In general

The Director shall, using amounts of any grants received under

this subchapter, reserve and use for operating under section 4229

of this title such amounts as may be necessary to provide for the

continued maintenance and efficient operation of such housing.

(2) Disposal of certain housing

This subsection may not be construed to prevent the Director,

or any entity funded by the Department, from demolishing or

disposing of housing, pursuant to regulations established by the

Secretary.

(c) Insurance coverage

As a condition to receiving grant amounts under this subchapter,

the Director shall require adequate insurance coverage for housing

units that are owned or operated or assisted with grant amounts

provided under this subchapter.

(d) Eligibility for admission

As a condition to receiving grant amounts under this subchapter,

the Director shall develop written policies governing the

eligibility, admission, and occupancy of families for housing

assisted with grant amounts provided under this subchapter.

(e) Management and maintenance

As a condition to receiving grant amounts under this subchapter,

the Director shall develop policies governing the management and

maintenance of housing assisted with grant amounts under this

subchapter.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 811, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2887, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2981.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 811 of Pub. L. 104-330. This section is based on

the text of section 811 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4229, 4231 of this title.

-End-

-CITE-

25 USC Sec. 4231 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4231. Types of investments

-STATUTE-

(a) In general

Subject to section 4230 of this title and an applicable housing

plan approved under section 4223 of this title, the Director shall

have -

(1) the discretion to use grant amounts for affordable housing

activities through the use of -

(A) equity investments;

(B) interest-bearing loans or advances;

(C) noninterest-bearing loans or advances;

(D) interest subsidies;

(E) the leveraging of private investments; or

(F) any other form of assistance that the Secretary

determines to be consistent with the purposes of this

subchapter; and

(2) the right to establish the terms of assistance provided

with funds referred to in paragraph (1).

(b) Investments

The Director may invest grant amounts for the purposes of

carrying out affordable housing activities in investment securities

and other obligations, as approved by the Secretary.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 812, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2982.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 812 of Pub. L. 104-330. This section is based on

the text of section 812 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4232 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4232. Low-income requirement and income targeting

-STATUTE-

(a) In general

Housing shall qualify for affordable housing for purposes of this

subchapter only if -

(1) each dwelling unit in the housing -

(A) in the case of rental housing, is made available for

occupancy only by a family that is a low-income family at the

time of the initial occupancy of that family of that unit; and

(B) in the case of housing for homeownership, is made

available for purchase only by a family that is a low-income

family at the time of purchase; and

(2) each dwelling unit in the housing will remain affordable,

according to binding commitments satisfactory to the Secretary,

for -

(A) the remaining useful life of the property (as determined

by the Secretary) without regard to the term of the mortgage or

to transfer of ownership; or

(B) such other period as the Secretary determines is the

longest feasible period of time consistent with sound economics

and the purposes of this subchapter, except upon a foreclosure

by a lender (or upon other transfer in lieu of foreclosure) if

that action -

(i) recognizes any contractual or legal rights of any

public agency, nonprofit sponsor, or other person or entity

to take an action that would -

(I) avoid termination of low-income affordability, in the

case of foreclosure; or

(II) transfer ownership in lieu of foreclosure; and

(ii) is not for the purpose of avoiding low-income

affordability restrictions, as determined by the Secretary.

(b) Exception

Notwithstanding subsection (a) of this section, housing

assistance pursuant to section 4228(a)(2)(B) of this title shall be

considered affordable housing for purposes of this subchapter.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 813, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2982.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 813 of Pub. L. 104-330. This section is based on

the text of section 813 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4234 of this title.

-End-

-CITE-

25 USC Sec. 4233 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4233. Lease requirements and tenant selection

-STATUTE-

(a) Leases

Except to the extent otherwise provided by or inconsistent with

the laws of the State of Hawaii, in renting dwelling units in

affordable housing assisted with grant amounts provided under this

subchapter, the Director, owner, or manager shall use leases that -

(1) do not contain unreasonable terms and conditions;

(2) require the Director, owner, or manager to maintain the

housing in compliance with applicable housing codes and quality

standards;

(3) require the Director, owner, or manager to give adequate

written notice of termination of the lease, which shall be the

period of time required under applicable State or local law;

(4) specify that, with respect to any notice of eviction or

termination, notwithstanding any State or local law, a resident

shall be informed of the opportunity, before any hearing or

trial, to examine any relevant documents, record, or regulations

directly related to the eviction or termination;

(5) require that the Director, owner, or manager may not

terminate the tenancy, during the term of the lease, except for

serious or repeated violation of the terms and conditions of the

lease, violation of applicable Federal, State, or local law, or

for other good cause; and

(6) provide that the Director, owner, or manager may terminate

the tenancy of a resident for any activity, engaged in by the

resident, any member of the household of the resident, or any

guest or other person under the control of the resident, that -

(A) threatens the health or safety of, or right to peaceful

enjoyment of the premises by, other residents or employees of

the Department, owner, or manager;

(B) threatens the health or safety of, or right to peaceful

enjoyment of their premises by, persons residing in the

immediate vicinity of the premises; or

(C) is criminal activity (including drug-related criminal

activity) on or off the premises.

(b) Tenant or homebuyer selection

As a condition to receiving grant amounts under this subchapter,

the Director shall adopt and use written tenant and homebuyer

selection policies and criteria that -

(1) are consistent with the purpose of providing housing for

low-income families;

(2) are reasonably related to program eligibility and the

ability of the applicant to perform the obligations of the lease;

and

(3) provide for -

(A) the selection of tenants and homebuyers from a written

waiting list in accordance with the policies and goals set

forth in an applicable housing plan approved under section 4223

of this title; and

(B) the prompt notification in writing of any rejected

applicant of the grounds for that rejection.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 814, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2889, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2983.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 814 of Pub. L. 104-330. This section is based on

the text of section 814 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4234 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4234. Repayment

-STATUTE-

If the Department of Hawaiian Home Lands uses grant amounts to

provide affordable housing under activities under this subchapter

and, at any time during the useful life of the housing, the housing

does not comply with the requirement under section 4232(a)(2) of

this title, the Secretary shall -

(1) reduce future grant payments on behalf of the Department by

an amount equal to the grant amounts used for that housing (under

the authority of section 4238(a)(2) of this title); or

(2) require repayment to the Secretary of any amount equal to

those grant amounts.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 815, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2984.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 815 of Pub. L. 104-330. This section is based on

the text of section 815 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4235 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4235. Annual allocation

-STATUTE-

For each fiscal year, the Secretary shall allocate any amounts

made available for assistance under this subchapter for the fiscal

year, in accordance with the formula established pursuant to

section 4236 of this title to the Department of Hawaiian Home Lands

if the Department complies with the requirements under this

subchapter for a grant under this subchapter.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 816, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2984.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 816 of Pub. L. 104-330. This section is based on

the text of section 816 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4236 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4236. Allocation formula

-STATUTE-

(a) Establishment

The Secretary shall, by regulation issued not later than the

expiration of the 6-month period beginning on December 27, 2000, in

the manner provided under section 4227 of this title, establish a

formula to provide for the allocation of amounts available for a

fiscal year for block grants under this subchapter in accordance

with the requirements of this section.

(b) Factors for determination of need

The formula under subsection (a) of this section shall be based

on factors that reflect the needs for assistance for affordable

housing activities, including -

(1) the number of low-income dwelling units owned or operated

at the time pursuant to a contract between the Director and the

Secretary;

(2) the extent of poverty and economic distress and the number

of Native Hawaiian families eligible to reside on the Hawaiian

Home Lands; and

(3) any other objectively measurable conditions that the

Secretary and the Director may specify.

(c) Other factors for consideration

In establishing the formula under subsection (a) of this section,

the Secretary shall consider the relative administrative capacities

of the Department of Hawaiian Home Lands and other challenges faced

by the Department, including -

(1) geographic distribution within Hawaiian Home Lands; and

(2) technical capacity.

(d) Effective date

This section shall take effect on December 27, 2000.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 817, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2984.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

substantially identical sections 817 of Pub. L. 104-330. This

section is based on the text of section 817 of Pub. L. 104-330, as

added by Pub. L. 106-569, Sec. 513.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4235 of this title.

-End-

-CITE-

25 USC Sec. 4237 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4237. Remedies for noncompliance

-STATUTE-

(a) Actions by Secretary affecting grant amounts

(1) In general

Except as provided in subsection (b) of this section, if the

Secretary finds after reasonable notice and opportunity for a

hearing that the Department of Hawaiian Home Lands has failed to

comply substantially with any provision of this subchapter, the

Secretary shall -

(A) terminate payments under this subchapter to the

Department;

(B) reduce payments under this subchapter to the Department

by an amount equal to the amount of such payments that were not

expended in accordance with this subchapter; or

(C) limit the availability of payments under this subchapter

to programs, projects, or activities not affected by such

failure to comply.

(2) Actions

If the Secretary takes an action under subparagraph (A), (B),

or (C) of paragraph (1), the Secretary shall continue that action

until the Secretary determines that the failure by the Department

to comply with the provision has been remedied by the Department

and the Department is in compliance with that provision.

(b) Noncompliance because of a technical incapacity

The Secretary may provide technical assistance for the

Department, either directly or indirectly, that is designed to

increase the capability and capacity of the Director of the

Department to administer assistance provided under this subchapter

in compliance with the requirements under this subchapter if the

Secretary makes a finding under subsection (a) of this section, but

determines that the failure of the Department to comply

substantially with the provisions of this subchapter -

(1) is not a pattern or practice of activities constituting

willful noncompliance; and

(2) is a result of the limited capability or capacity of the

Department of Hawaiian Home Lands.

(c) Referral for civil action

(1) Authority

In lieu of, or in addition to, any action that the Secretary

may take under subsection (a) of this section, if the Secretary

has reason to believe that the Department of Hawaiian Home Lands

has failed to comply substantially with any provision of this

subchapter, the Secretary may refer the matter to the Attorney

General of the United States with a recommendation that an

appropriate civil action be instituted.

(2) Civil action

Upon receiving a referral under paragraph (1), the Attorney

General may bring a civil action in any United States district

court of appropriate jurisdiction for such relief as may be

appropriate, including an action -

(A) to recover the amount of the assistance furnished under

this subchapter that was not expended in accordance with this

subchapter; or

(B) for mandatory or injunctive relief.

(d) Review

(1) In general

If the Director receives notice under subsection (a) of this

section of the termination, reduction, or limitation of payments

under this chapter, the Director -

(A) may, not later than 60 days after receiving such notice,

file with the United States Court of Appeals for the Ninth

Circuit, or in the United States Court of Appeals for the

District of Columbia, a petition for review of the action of

the Secretary; and

(B) upon the filing of any petition under subparagraph (A),

shall forthwith transmit copies of the petition to the

Secretary and the Attorney General of the United States, who

shall represent the Secretary in the litigation.

(2) Procedure

(A) In general

The Secretary shall file in the court a record of the

proceeding on which the Secretary based the action, as provided

in section 2112 of title 28.

(B) Objections

No objection to the action of the Secretary shall be

considered by the court unless the Department has registered

the objection before the Secretary.

(3) Disposition

(A) Court proceedings

(i) Jurisdiction of court

The court shall have jurisdiction to affirm or modify the

action of the Secretary or to set the action aside in whole

or in part.

(ii) Findings of fact

If supported by substantial evidence on the record

considered as a whole, the findings of fact by the Secretary

shall be conclusive.

(iii) Addition

The court may order evidence, in addition to the evidence

submitted for review under this subsection, to be taken by

the Secretary, and to be made part of the record.

(B) Secretary

(i) In general

The Secretary, by reason of the additional evidence

referred to in subparagraph (A) and filed with the court -

(I) may -

(aa) modify the findings of fact of the Secretary; or

(bb) make new findings; and

(II) shall file -

(aa) such modified or new findings; and

(bb) the recommendation of the Secretary, if any, for

the modification or setting aside of the original action

of the Secretary.

(ii) Findings

The findings referred to in clause (i)(II)(bb) shall, with

respect to a question of fact, be considered to be conclusive

if those findings are -

(I) supported by substantial evidence on the record; and

(II) considered as a whole.

(4) Finality

(A) In general

Except as provided in subparagraph (B), upon the filing of

the record under this subsection with the court -

(i) the jurisdiction of the court shall be exclusive; and

(ii) the judgment of the court shall be final.

(B) Review by Supreme Court

A judgment under subparagraph (A) shall be subject to review

by the Supreme Court of the United States upon writ of

certiorari or certification, as provided in section 1254 of

title 28.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 818, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2891, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2985.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 818 of Pub. L. 104-330. This section is based on

the text of section 818 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4238 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4238. Monitoring of compliance

-STATUTE-

(a) Enforceable agreements

(1) In general

The Director, through binding contractual agreements with

owners or other authorized entities, shall ensure long-term

compliance with the provisions of this subchapter.

(2) Measures

The measures referred to in paragraph (1) shall provide for -

(A) to the extent allowable by Federal and State law, the

enforcement of the provisions of this subchapter by the

Department and the Secretary; and

(B) remedies for breach of the provisions referred to in

paragraph (1).

(b) Periodic monitoring

(1) In general

Not less frequently than annually, the Director shall review

the activities conducted and housing assisted under this

subchapter to assess compliance with the requirements of this

subchapter.

(2) Review

Each review under paragraph (1) shall include onsite inspection

of housing to determine compliance with applicable requirements.

(3) Results

The results of each review under paragraph (1) shall be -

(A) included in a performance report of the Director

submitted to the Secretary under section 4239 of this title;

and

(B) made available to the public.

(c) Performance measures

The Secretary shall establish such performance measures as may be

necessary to assess compliance with the requirements of this

subchapter.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 819, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2987.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 819 of Pub. L. 104-330. This section is based on

the text of section 819 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4234 of this title.

-End-

-CITE-

25 USC Sec. 4239 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4239. Performance reports

-STATUTE-

(a) Requirement

For each fiscal year, the Director shall -

(1) review the progress the Department has made during that

fiscal year in carrying out the housing plan submitted by the

Department under section 4223 of this title; and

(2) submit a report to the Secretary (in a form acceptable to

the Secretary) describing the conclusions of the review.

(b) Content

Each report submitted under this section for a fiscal year shall

-

(1) describe the use of grant amounts provided to the

Department of Hawaiian Home Lands for that fiscal year;

(2) assess the relationship of the use referred to in paragraph

(1) to the goals identified in the housing plan;

(3) indicate the programmatic accomplishments of the

Department; and

(4) describe the manner in which the Department would change

its housing plan submitted under section 4223 of this title as a

result of its experiences.

(c) Submissions

The Secretary shall -

(1) establish a date for submission of each report under this

section;

(2) review each such report; and

(3) with respect to each such report, make recommendations as

the Secretary considers appropriate to carry out the purposes of

this subchapter.

(d) Public availability

(1) Comments by beneficiaries

In preparing a report under this section, the Director shall

make the report publicly available to the beneficiaries of the

Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.) and

give a sufficient amount of time to permit those beneficiaries to

comment on that report before it is submitted to the Secretary

(in such manner and at such time as the Director may determine).

(2) Summary of comments

The report shall include a summary of any comments received by

the Director from beneficiaries under paragraph (1) regarding the

program to carry out the housing plan.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 820, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2987.)

-REFTEXT-

REFERENCES IN TEXT

The Hawaiian Homes Commission Act, 1920, referred to in subsec.

(d)(1), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended,

which was classified generally to sections 691 to 718 of Title 48,

Territories and Insular Possessions, and was omitted from the Code.

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 820 of Pub. L. 104-330. This section is based on

the text of section 820 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4238, 4240 of this title.

-End-

-CITE-

25 USC Sec. 4240 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4240. Review and audit by Secretary

-STATUTE-

(a) Annual review

(1) In general

The Secretary shall, not less frequently than on an annual

basis, make such reviews and audits as may be necessary or

appropriate to determine whether -

(A) the Director has -

(i) carried out eligible activities under this subchapter

in a timely manner;

(ii) carried out and made certifications in accordance with

the requirements and the primary objectives of this

subchapter and with other applicable laws; and

(iii) a continuing capacity to carry out the eligible

activities in a timely manner;

(B) the Director has complied with the housing plan submitted

by the Director under section 4223 of this title; and

(C) the performance reports of the Department under section

4240 (!1) of this title are accurate.

(2) Onsite visits

Each review conducted under this section shall, to the extent

practicable, include onsite visits by employees of the Department

of Housing and Urban Development.

(b) Report by Secretary

The Secretary shall give the Department of Hawaiian Home Lands

not less than 30 days to review and comment on a report under this

subsection. After taking into consideration the comments of the

Department, the Secretary may revise the report and shall make the

comments of the Department and the report with any revisions,

readily available to the public not later than 30 days after

receipt of the comments of the Department.

(c) Effect of reviews

The Secretary may make appropriate adjustments in the amount of

annual grants under this subchapter in accordance with the findings

of the Secretary pursuant to reviews and audits under this section.

The Secretary may adjust, reduce, or withdraw grant amounts, or

take other action as appropriate in accordance with the reviews and

audits of the Secretary under this section, except that grant

amounts already expended on affordable housing activities may not

be recaptured or deducted from future assistance provided to the

Department of Hawaiian Home Lands.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 821, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2894, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2988.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 821 of Pub. L. 104-330. This section is based on

the text of section 821 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-FOOTNOTE-

(!1) So in original. Probably should be section "4239".

-End-

-CITE-

25 USC Sec. 4241 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4241. General Accounting Office audits

-STATUTE-

To the extent that the financial transactions of the Department

of Hawaiian Home Lands involving grant amounts under this

subchapter relate to amounts provided under this subchapter, those

transactions may be audited by the Comptroller General of the

United States under such regulations as may be prescribed by the

Comptroller General. The Comptroller General of the United States

shall have access to all books, accounts, records, reports, files,

and other papers, things, or property belonging to or in use by the

Department of Hawaiian Home Lands pertaining to such financial

transactions and necessary to facilitate the audit.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 822, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2989.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 822 of Pub. L. 104-330. This section is based on

the text of section 822 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4242 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4242. Reports to Congress

-STATUTE-

(a) In general

Not later than 90 days after the conclusion of each fiscal year

in which assistance under this subchapter is made available, the

Secretary shall submit to Congress a report that contains -

(1) a description of the progress made in accomplishing the

objectives of this subchapter;

(2) a summary of the use of funds available under this

subchapter during the preceding fiscal year; and

(3) a description of the aggregate outstanding loan guarantees

under section 1715z-13b of title 12.

(b) Related reports

The Secretary may require the Director to submit to the Secretary

such reports and other information as may be necessary in order for

the Secretary to prepare the report required under subsection (a)

of this section.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 823, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2989.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

identical sections 823 of Pub. L. 104-330. This section is based on

the text of section 823 of Pub. L. 104-330, as added by Pub. L.

106-569, Sec. 513.

-End-

-CITE-

25 USC Sec. 4243 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND

SELF-DETERMINATION

SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-

Sec. 4243. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Department of

Housing and Urban Development for grants under this subchapter such

sums as may be necessary for each of fiscal years 2001, 2002, 2003,

2004, and 2005.

-SOURCE-

(Pub. L. 104-330, title VIII, Sec. 824, as added Pub. L. 106-568,

title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L.

106-569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2989.)

-COD-

CODIFICATION

Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted

substantially identical sections 824 of Pub. L. 104-330. This

section is based on the text of section 824 of Pub. L. 104-330, as

added by Pub. L. 106-569, Sec. 513. Section 824 of Pub. L. 104-330,

as added by Pub. L. 106-568, Sec. 203, authorized appropriations

for fiscal years 2000 to 2004, instead of fiscal years 2001 to

2005.

-End-