-CITE- 25 USC CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 01/03/2007 -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. SUBCHAPTER I - BLOCK GRANTS AND GRANT REQUIREMENTS 4111. Block grants. 4112. Indian housing plans. 4113. Review of plans. 4114. Treatment of program income and labor standards. 4115. Environmental review. 4116. Regulations. 4117. Authorization of appropriations. SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES 4131. National objectives and eligible families. 4132. Eligible affordable housing activities. 4133. Program requirements. 4134. Types of investments. 4135. Low-income requirement and income targeting. 4136. Repealed. 4137. Lease requirements and tenant selection. 4138. Availability of records. 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. SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS 4161. Remedies for noncompliance. 4162. Replacement of recipient. 4163. Monitoring of compliance. 4164. Performance reports. 4165. Review and audit by Secretary. 4166. GAO audits. 4167. Reports to Congress. 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. 4182. Termination of new commitments for rental assistance. 4183. Savings provision. SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES 4191. Authority and requirements. 4192. Security and repayment. 4193. Payment of interest. 4194. Training and information. 4195. Limitations on amount of guarantees. SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 4211. 50-year leasehold interest in trust or restricted lands for housing purposes. 4212. Training and technical assistance. SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS 4221. Definitions. 4222. Block grants for affordable housing activities. 4223. Housing plan. 4224. Review of plans. 4225. Treatment of program income and labor standards. 4226. Environmental review. 4227. Regulations. 4228. Affordable housing activities. 4229. Eligible affordable housing activities. 4230. Program requirements. 4231. Types of investments. 4232. Low-income requirement and income targeting. 4233. Lease requirements and tenant selection. 4234. Repayment. 4235. Annual allocation. 4236. Allocation formula. 4237. Remedies for noncompliance. 4238. Monitoring of compliance. 4239. Performance reports. 4240. Review and audit by Secretary. 4241. Government Accountability Office audits. 4242. Reports to Congress. 4243. Authorization of appropriations. -End- -CITE- 25 USC Sec. 4101 01/03/2007 -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 2005 AMENDMENT Pub. L. 109-136, Sec. 1, Dec. 22, 2005, 119 Stat. 2643, provided that: "This Act [enacting section 1490t of Title 42, The Public Health and Welfare, amending section 4114 of this title and sections 12899f and 12899h-1 of Title 42, and enacting provisions set out as a note under this section] may be cited as the 'Native American Housing Enhancement Act of 2005'." SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-393, Sec. 1, Oct. 30, 2004, 118 Stat. 2246, provided that: "This Act [amending section 4191 of this title] may be cited as the 'Homeownership Opportunities for Native Americans Act of 2004'." 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'." FINDINGS OF 2005 AMENDMENT Pub. L. 109-136, Sec. 2, Dec. 22, 2005, 119 Stat. 2643, provided that: "Congress finds that - "(1) there exist - "(A) a unique relationship between the Government of the United States and the governments of Indian tribes; and "(B) a unique Federal trust responsibility to Indian people; "(2) Native Americans experience some of the worst housing conditions in the country, with - "(A) 32.6 percent of Native homes being overcrowded; "(B) 33 percent lacking adequate solid waste management systems; "(C) 8 percent lacking a safe indoor water supply; and "(D) approximately 90,000 Native families who are homeless or underhoused; "(3) the poverty rate for Native Americans is twice that of the rest of the population of the United States; "(4) the population growth of Native Americans that began in the latter part of the 20th century increased the need for Federal housing services; "(5)(A) under the requirements of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), members of Indian tribes are given preference for housing programs; "(B) a primary purpose of the Act is to allow Indian tribes to leverage funds with other Federal and private funds; "(C) the Department of Agriculture has been a significant funding source for housing for Indian tribes; "(D) to allow assistance provided under the Act and assistance provided by the Secretary of Agriculture under other law to be combined to meet the severe housing needs of Indian tribes, the Housing Act of 1949 (42 U.S.C. 1471 [1441] et seq.) should be amended to allow for the preference referred to in subparagraph (A) by granting an exemption from 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.); and "(E) federally recognized Indian tribes exercising powers of self-government are governed by the Indian Civil Rights Act (25 U.S.C. 1301 et seq.); and "(6) section 457 of the Cranston-Gonzales [Cranston-Gonzalez] National Affordable Housing Act (42 U.S.C. 12899f) should be amended to include Indian tribes, tribally designated housing entities, or other agencies that primarily serve Indians as eligible applicants for YouthBuild grants." -End- -CITE- 25 USC Sec. 4102 01/03/2007 -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 01/03/2007 -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. -End- -CITE- 25 USC Sec. 4104 01/03/2007 -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 01/03/2007 -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 -End- -CITE- 25 USC Sec. 4111 01/03/2007 -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 01/03/2007 -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. -End- -CITE- 25 USC Sec. 4113 01/03/2007 -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". -End- -CITE- 25 USC Sec. 4114 01/03/2007 -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 restrict access to or 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; Pub. L. 109-136, Sec. 3, Dec. 22, 2005, 119 Stat. 2644.) -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 2005 - Subsec. (a)(2). Pub. L. 109-136 inserted "restrict access to or" after "not" in introductory provisions. 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 01/03/2007 -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. -End- -CITE- 25 USC Sec. 4116 01/03/2007 -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". -End- -CITE- 25 USC Sec. 4117 01/03/2007 -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 01/03/2007 -EXPCITE- TITLE 25 - INDIANS CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES -HEAD- SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES -End- -CITE- 25 USC Sec. 4131 01/03/2007 -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. -FOOTNOTE- (!1) So in original. Two pars. (6) have been enacted. -End- -CITE- 25 USC Sec. 4132 01/03/2007 -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, improvement to achieve greater energy efficiency, 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; Pub. L. 109-58, title V, Sec. 506(b), Aug. 8, 2005, 119 Stat. 779.) -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 2005 - Par. (2). Pub. L. 109-58, which directed amendment of section 202 of the Native American Housing and Self-Determination Act of 1996 by inserting "improvement to achieve greater energy efficiency," after "planning," in par. (2), was executed by making the insertion in par. (2) of this section, which is section 202 of the Native American Housing Assistance and Self-Determination Act of 1996, to reflect the probable intent of Congress. 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. -End- -CITE- 25 USC Sec. 4133 01/03/2007 -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. -End- -CITE- 25 USC Sec. 4134 01/03/2007 -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 01/03/2007 -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. -End- -CITE- 25 USC Sec. 4136 01/03/2007 -EXPCITE- TITLE 25 - INDIANS CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION SUBCHAPTER II - AFFORDABLE HOUSING ACTIVITIES -HEAD- Sec. 4136. Repealed. -MISC1- 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. 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 01/03/2007 -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 01/03/2007 -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 01/03/2007 -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 01/03/2007 -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. -End- -CITE- 25 USC SUBCHAPTER III - ALLOCATION OF GRANT AMOUNTS 01/03/2007 -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 -End- -CITE- 25 USC Sec. 4151 01/03/2007 -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. -End- -CITE- 25 USC Sec. 4152 01/03/2007 -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- RE