§1437aa. Establishment of separate program of assisted housing for Indians and Alaska Natives

(a) General authority

The Secretary shall carry out programs to provide low-income housing on Indian reservations and other Indian areas in accordance with the provisions of this subchapter.

(b) Applicability of subchapter I

(1) In general

Except as otherwise provided in this subchapter, the provisions of subchapter I of this chapter shall apply to low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority.

(2) Public housing

No provision of subchapter I of this chapter (or of any other law specifically modifying the public housing program under subchapter I of this chapter) that is enacted after June 29, 1988, shall apply to public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority, unless the provision explicitly provides for such applicability.

(c) Inapplicability of certain requirements

Low-income housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority shall not be subject to section 1701r–1 of title 12 (relating to pet ownership in assisted housing for the elderly or handicapped) or section 1437d(h) of this title (relating to a limitation on contracts involving new construction).

(Sept. 1, 1937, ch. 896, title II, §201, as added June 29, 1988, Pub. L. 100–358, §2, 102 Stat. 676 ; amended Nov. 28, 1990, Pub. L. 101–625, title V, §572(2), 104 Stat. 4236 ; Oct. 28, 1992, Pub. L. 102–550, title I, §122(a), 106 Stat. 3708 .)

Amendments

1992-Subsec. (c). Pub. L. 102–550 inserted before period at end "or section 1437d(h) of this title (relating to a limitation on contracts involving new construction)".

1990-Subsecs. (a), (b)(1). Pub. L. 101–625 substituted "low-income housing" for "lower income housing".

Subsec. (c). Pub. L. 101–625 which directed substitution of "low-income housing" for "lower income housing", was executed by substituting "Low-income housing" for "Lower income housing" to reflect the probable intent of Congress.

Effective Date

Section 6 of Pub. L. 100–358 provided that: "The Secretary of Housing and Urban Development may carry out programs to provide lower income housing on Indian reservations and other Indian areas only in accordance with the amendments made by this Act [see Short Title note below], commencing on whichever of the following occurs earlier:

"(1) Effective date of regulations.-The effective date of regulations issued under section 205 of the United States Housing Act of 1937 [section 1437ee of this title].

"(2) 90 days.-The expiration of the 90-day period beginning on the date of the enactment of this Act [June 29, 1988]."

Short Title

Section 1 of Pub. L. 100–358 provided that: "This Act [enacting this subchapter, amending sections 1437a and 1437c of this title, and enacting provisions set out above] may be cited as the 'Indian Housing Act of 1988'."

Applicability of 1990 Amendments; Indian Housing

Section 103(b) of Pub. L. 102–550 provided that:

"(1) In general.-In accordance with section 201(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437aa(b)(2)), the provisions of sections 572, 573, and 574 of the Cranston-Gonzalez National Affordable Housing Act [Pub. L. 101–625, amending this section and sections 1437, 1437a, 1437b to 1437d, 1437f, 1437g, 1437i, 1437j, 1437l, 1437n, 1437p, 1437r, 1437s, and 1437bb to 1437dd of this title, repealing section 1437o of this title, and enacting provisions set out as notes under section 1437a of this title] shall apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian Housing Authority.

"(2) Effective date.-Paragraph (1) shall take effect as if such provision were enacted upon the date of the enactment of the Cranston-Gonzalez National Affordable Housing Act [Nov. 28, 1990]."

Section 419 of title IV of Pub. L. 101–625 provided that: "In accordance with section 201(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437aa(b)(2)], the amendments made by this subtitle [subtitle A (§§411–419) of title IV of Pub. L. 101–625, enacting subchapter II–A of this chapter and amending sections 1437c, 1437f, 1437l, 1437p, 1437r, and 1437s of this title] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority, except that nothing in this title [see Short Title note set out under section 1437aaa of this title] affects the program under section 202 of such Act [42 U.S.C. 1437bb]."

Section 527 of Pub. L. 101–625 provided that: "In accordance with section 201(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437aa(b)(2)), the provisions of this subtitle [subtitle A (§§501–527) of title V of Pub. L. 101–625, see Tables for classification] that modify the public housing program under title I of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority, except that sections 502 and 510 [amending sections 1437d and 1437l of this title and enacting provisions set out as notes under section 1437d of this title] shall not apply."

Applicability of 1989 Amendments; Indian Housing

Pub. L. 101–235, title I, §101(d), Dec. 15, 1989, 103 Stat. 1990 , provided that: "In accordance with section 201(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437aa(b)(2)], the amendments made by subsections (a), (b), and (c) of this section [amending section 1439 of this title] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority."

Pub. L. 101–235, title I, §104(c), Dec. 15, 1989, 103 Stat. 1998 , provided that: "In accordance with section 201(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437aa(b)(2)], the amendment made by subsection (a) [amending section 1439 of this title] and the provisions of subsection (b) of this section [set out as an Effective Date of 1989 Amendment note under section 1439 of this title] shall also apply to public housing developed or operated pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority."

National Commission on Native American, Alaska Native, and Native Hawaiian Housing

Pub. L. 101–235, title VI, Dec. 15, 1989, 103 Stat. 2052 , as amended by Pub. L. 102–550, title I, §128, Oct. 28, 1992, 106 Stat. 3711 , established National Commission on American Indian, Alaska Native, and Native Hawaiian Housing to evaluate factors impeding development of safe and affordable housing for American Indians, Alaska Natives, and Native Hawaiians as well as strategies for development, management, and modernization of housing for such groups and to develop an action plan for housing based on such evaluations, and further provided for membership, powers, appropriations, and termination on Oct. 1, 1993, of the Commission.