-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       Repealed.                                             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-
                            REFERENCES IN TEXT                        
      Subchapter V of this chapter, referred to in subsec. (c)(2), was
    in the original "title V", meaning title V of Pub. L. 104-330,
    which enacted subchapter V of this chapter and section 12899h-1 of
    Title 42, The Public Health and Welfare, amended sections 1437a,
    1437c to 1437e, 1437g, 1437l, 1437n, 1437u to 1437x, 1437aaa-5,
    1437aaa-6, 1439, 11371 to 11376, 11382, 11401, 11403g, 11408,
    11903a, 12747, and 12838 of Title 42, repealed sections 1437aa to
    1437ee of Title 42, enacted provisions set out as notes under
    sections 11371, 12747, and 12899h-1 of Title 42, amended provisions
    set out as a note under section 11301 of Title 42, and repealed
    provisions set out as a note under section 1701z-6 of Title 12,
    Banks and Banking. For complete classification of title V to the
    Code, see Tables.
      The United States Housing Act of 1937, referred to in subsec.
    (d), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.
    93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which
    is classified generally to chapter 8 (Sec. 1437 et seq.) of Title
    42. Section 14 of the Act which was classified to section 1437l of
    Title 42, was repealed by Pub. L. 105-276, title V, Sec. 522(a),
    Oct. 21, 1998, 112 Stat. 2564. For complete classification of this
    Act to the Code, see Short Title note set out under section 1437 of
    Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (d)(1). Pub. L. 106-568, Sec. 1003(g)(1), and Pub.
    L. 106-569, Sec. 503(f)(1), which directed identical amendment of
    par. (1) by substituting subpar. (A) designation, heading, and
    "Except with respect to an Indian tribe described in subparagraph
    (B), the formula" for "The formula,", were executed by making the
    substitution for "The formula" to reflect the probable intent of
    Congress.
      Subsec. (d)(1)(B). Pub. L. 106-568, Sec. 1003(g)(2), and Pub. L.
    106-569, Sec. 503(f)(2), amended par. (1) identically, adding
    subpar. (B).

-End-


-CITE-
    25 USC SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS      01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
              SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS          

-End-



-CITE-
    25 USC Sec. 4161                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
    Sec. 4161. Remedies for noncompliance

-STATUTE-
    (a) Actions by Secretary affecting grant amounts
      (1) In general
        Except as provided in subsection (b) of this section, if the
      Secretary finds after reasonable notice and opportunity for
      hearing that a recipient of assistance under this chapter has
      failed to comply substantially with any provision of this
      chapter, the Secretary shall - 
          (A) terminate payments under this chapter to the recipient;
          (B) reduce payments under this chapter to the recipient by an
        amount equal to the amount of such payments that were not
        expended in accordance with this chapter;
          (C) limit the availability of payments under this chapter to
        programs, projects, or activities not affected by such failure
        to comply; or
          (D) in the case of noncompliance described in section 4162(b)
        of this title, provide a replacement tribally designated
        housing entity for the recipient, under section 4162 of this
        title.
      (2) Continuance of actions
        If the Secretary takes an action under subparagraph (A), (B),
      or (C) of paragraph (1), the Secretary shall continue such action
      until the Secretary determines that the failure to comply has
      ceased.
      (3) Exception for certain actions
        (A) In general
          Notwithstanding any other provision of this subsection, if
        the Secretary makes a determination that the failure of a
        recipient of assistance under this chapter to comply
        substantially with any material provision (as that term is
        defined by the Secretary) of this chapter is resulting, and
        would continue to result, in a continuing expenditure of
        Federal funds in a manner that is not authorized by law, the
        Secretary may take an action described in paragraph (1)(C)
        before conducting a hearing.
        (B) Procedural requirement
          If the Secretary takes an action described in subparagraph
        (A), the Secretary shall - 
            (i) provide notice to the recipient at the time that the
          Secretary takes that action; and
            (ii) conduct a hearing not later than 60 days after the
          date on which the Secretary provides notice under clause (i).
        (C) Determination
          Upon completion of a hearing under this paragraph, the
        Secretary shall make a determination regarding whether to
        continue taking the action that is the subject of the hearing,
        or take another action under this subsection.
    (b) Noncompliance because of technical incapacity
      (1) In general
        If the Secretary makes a finding under subsection (a) of this
      section, but determines that the failure to comply substantially
      with the provisions of this chapter - 
          (A) is not a pattern or practice of activities constituting
        willful noncompliance, and
          (B) is a result of the limited capability or capacity of the
        recipient,

      the Secretary may provide technical assistance for the recipient
      (directly or indirectly) that is designed to increase the
      capability and capacity of the recipient to administer assistance
      provided under this chapter in compliance with the requirements
      under this chapter, if the recipient enters into a performance
      agreement with the Secretary that specifies the compliance
      objectives that the recipient will be required to achieve by the
      termination date of the performance agreement.
      (2) Performance agreement
        The period of a performance agreement described in paragraph
      (1) shall be for 1 year.
      (3) Review
        Upon the termination of a performance agreement entered into
      under paragraph (1), the Secretary shall review the performance
      of the recipient that is a party to the agreement.
      (4) Effect of review
        If, on the basis of a review under paragraph (3), the Secretary
      determines that the recipient - 
          (A) has made a good faith effort to meet the compliance
        objectives specified in the agreement, the Secretary may enter
        into an additional performance agreement for the period
        specified in paragraph (2); and
          (B) has failed to make a good faith effort to meet applicable
        compliance objectives, the Secretary shall determine the
        recipient to have failed to comply substantially with this
        chapter, and the recipient shall be subject to an action under
        subsection (a) of this section.
    (c) Referral for civil action
      (1) Authority
        In lieu of, or in addition to, any action authorized by
      subsection (a) of this section, if the Secretary has reason to
      believe that a recipient has failed to comply substantially with
      any provision of this chapter, the Secretary may refer the matter
      to the Attorney General of the United States with a
      recommendation that an appropriate civil action be instituted.
      (2) Civil action
        Upon such a referral, the Attorney General may bring a civil
      action in any United States district court having venue thereof
      for such relief as may be appropriate, including an action to
      recover the amount of the assistance furnished under this chapter
      that was not expended in accordance with it, or for mandatory or
      injunctive relief.
    (d) Review
      (1) In general
        Any recipient who receives notice under subsection (a) of this
      section of the termination, reduction, or limitation of payments
      under this chapter - 
          (A) may, not later than 60 days after receiving such notice,
        file with the United States Court of Appeals for the circuit in
        which such State is located, or in the United States Court of
        Appeals for the District of Columbia, a petition for review of
        the action of the Secretary; and
          (B) upon the filing of any petition under subparagraph (A),
        shall forthwith transmit copies of the petition to the
        Secretary and the Attorney General of the United States, who
        shall represent the Secretary in the litigation.
      (2) Procedure
        The Secretary shall file in the court a record of the
      proceeding on which the Secretary based the action, as provided
      in section 2112 of title 28. No objection to the action of the
      Secretary shall be considered by the court unless such objection
      has been urged before the Secretary.
      (3) Disposition
        (A) Court proceedings
          The court shall have jurisdiction to affirm or modify the
        action of the Secretary or to set it aside in whole or in part.
        The findings of fact by the Secretary, if supported by
        substantial evidence on the record considered as a whole, shall
        be conclusive. The court may order additional evidence to be
        taken by the Secretary, and to be made part of the record.
        (B) Secretary
          The Secretary - 
            (i) may modify the findings of fact of the Secretary, or
          make new findings, by reason of the new evidence so taken and
          filed with the court; and
            (ii) shall file - 
              (I) such modified or new findings, which findings with
            respect to questions of fact shall be conclusive if
            supported by substantial evidence on the record considered
            as a whole; and
              (II) the recommendation of the Secretary, if any, for the
            modification or setting aside of the original action of the
            Secretary.
      (4) Finality
        Upon the filing of the record with the court, the jurisdiction
      of the court shall be exclusive and its judgment shall be final,
      except that such judgment shall be subject to review by the
      Supreme Court of the United States upon writ of certiorari or
      certification as provided in section 1254 of title 28.

-SOURCE-
    (Pub. L. 104-330, title IV, Sec. 401, Oct. 26, 1996, 110 Stat.
    4037; Pub. L. 106-568, title X, Sec. 1003(h), (i), Dec. 27, 2000,
    114 Stat. 2928, 2929; Pub. L. 106-569, title V, Sec. 503(g), (h),
    Dec. 27, 2000, 114 Stat. 2964, 2965.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as
    amended, known as the Native American Housing Assistance and Self-
    Determination Act of 1996. For complete classification of this Act
    to the Code, see Short Title note set out under section 4101 of
    this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-568, Sec. 1003(h), and Pub. L.
    106-569, Sec. 503(g), amended subsec. (a) identically, designating
    existing provisions as par. (1), inserting heading, redesignating
    former pars. (1) to (4) as subpars. (A) to (D), respectively, of
    par. (1), realigning margins, designating concluding provisions as
    par. (2), inserting heading, substituting "If the Secretary takes
    an action under subparagraph (A), (B), or (C) of paragraph (1)" for
    "If the Secretary takes an action under paragraph (1), (2), or
    (3)", and adding par. (3).
      Subsec. (b). Pub. L. 106-568, Sec. 1003(i), and Pub. L. 106-569,
    Sec. 503(h), amended subsec. (b) identically, designating existing
    provisions as par. (1), inserting heading, redesignating former
    pars. (1) and (2) as subpars. (A) and (B), respectively, of par.
    (1), realigning margins of concluding provisions, inserting ", if
    the recipient enters into a performance agreement with the
    Secretary that specifies the compliance objectives that the
    recipient will be required to achieve by the termination date of
    the performance agreement" before period at end of concluding
    provisions, and adding pars. (2) to (4).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1997, except as otherwise expressly
    provided, see section 107 of Pub. L. 104-330, set out as a note
    under section 4101 of this title.

-End-



-CITE-
    25 USC Sec. 4162                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
    Sec. 4162. Replacement of recipient

-STATUTE-
    (a) Authority
      As a condition of the Secretary making a grant under this chapter
    on behalf of an Indian tribe, the tribe shall agree that,
    notwithstanding any other provision of law, the Secretary may, only
    in the circumstances set forth in subsection (b) of this section,
    require that a replacement tribally designated housing entity serve
    as the recipient for the tribe, in accordance with subsection (c)
    of this section.
    (b) Conditions of removal
      The Secretary may require such replacement tribally designated
    housing entity for a tribe only upon a determination by the
    Secretary on the record after opportunity for a hearing that the
    recipient for the tribe has engaged in a pattern or practice of
    activities that constitutes substantial or willful noncompliance
    with the requirements under this chapter.
    (c) Choice and term of replacement
      If the Secretary requires that a replacement tribally designated
    housing entity serve as the recipient for a tribe (or tribes) - 
        (1) the replacement entity shall be an entity mutually agreed
      upon by the Secretary and the tribe (or tribes) for which the
      recipient was authorized to act, except that if no such entity is
      agreed upon before the expiration of the 60-day period beginning
      upon the date that the Secretary makes the determination under
      subsection (b) of this section, the Secretary shall act as the
      replacement entity until agreement is reached upon a replacement
      entity; and
        (2) the replacement entity (or the Secretary, as provided in
      paragraph (1)) shall act as the tribally designated housing
      entity for the tribe (or tribes) for a period that expires upon -
      
          (A) a date certain, which shall be specified by the Secretary
        upon making the determination under subsection (b) of this
        section; or
          (B) the occurrence of specific conditions, which conditions
        shall be specified in written notice provided by the Secretary
        to the tribe upon making the determination under subsection (b)
        of this section.

-SOURCE-
    (Pub. L. 104-330, title IV, Sec. 402, Oct. 26, 1996, 110 Stat.
    4039.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1997, except as otherwise expressly
    provided, see section 107 of Pub. L. 104-330, set out as a note
    under section 4101 of this title.

-End-



-CITE-
    25 USC Sec. 4163                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
    Sec. 4163. Monitoring of compliance

-STATUTE-
    (a) Enforceable agreements
      Each recipient, through binding contractual agreements with
    owners and otherwise, shall ensure long-term compliance with the
    provisions of this chapter. Such measures shall provide for (1)
    enforcement of the provisions of this chapter by the grant
    beneficiary or by recipients and other intended beneficiaries, and
    (2) remedies for the breach of such provisions.
    (b) Periodic monitoring
      Not less frequently than annually, each recipient shall review
    the activities conducted and housing assisted under this chapter to
    assess compliance with the requirements of this chapter. Such
    review shall include onsite inspection of housing to determine
    compliance with applicable requirements. The results of each review
    shall be included in the performance report of the recipient
    submitted to the Secretary under section 4164 of this title and
    made available to the public.
    (c) Performance measures
      The Secretary shall establish such performance measures as may be
    necessary to assess compliance with the requirements of this
    chapter.

-SOURCE-
    (Pub. L. 104-330, title IV, Sec. 403, Oct. 26, 1996, 110 Stat.
    4039.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1997, except as otherwise expressly
    provided, see section 107 of Pub. L. 104-330, set out as a note
    under section 4101 of this title.

-End-



-CITE-
    25 USC Sec. 4164                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
    Sec. 4164. Performance reports

-STATUTE-
    (a) Requirement
      For each fiscal year, each recipient shall - 
        (1) review the progress it has made during such fiscal year in
      carrying out the Indian housing plan (or plans) for the Indian
      tribes for which it administers grant amounts; and
        (2) submit a report to the Secretary (in a form acceptable to
      the Secretary) describing the conclusions of the review.
    (b) Content
      Each report under this section for a fiscal year shall - 
        (1) describe the use of grant amounts provided to the recipient
      for such fiscal year;
        (2) assess the relationship of such use to the goals identified
      in the Indian housing plan of the grant beneficiary;
        (3) indicate the programmatic accomplishments of the recipient;
      and
        (4) describe the manner in which the recipient would change its
      programs as a result of its experiences.
    (c) Submission
      The Secretary shall establish dates for submission of reports
    under this section, and review such reports and make such
    recommendations as the Secretary considers appropriate to carry out
    the purposes of this chapter.
    (d) Public availability
      A recipient preparing a report under this section shall make the
    report publicly available to the citizens in the jurisdiction of
    the recipient in sufficient time to permit such citizens to comment
    on such report prior to its submission to the Secretary, and in
    such manner and at such times as the recipient may determine. The
    report shall include a summary of any comments received by the
    grant beneficiary or recipient from citizens in its jurisdiction
    regarding its program.

-SOURCE-
    (Pub. L. 104-330, title IV, Sec. 404, Oct. 26, 1996, 110 Stat.
    4040.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1997, except as otherwise expressly
    provided, see section 107 of Pub. L. 104-330, set out as a note
    under section 4101 of this title.

-End-



-CITE-
    25 USC Sec. 4165                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
    Sec. 4165. Review and audit by Secretary

-STATUTE-
    (a) Requirements under chapter 75 of title 31
      An entity designated by an Indian tribe as a housing entity shall
    be treated, for purposes of chapter 75 of title 31, as a non-
    Federal entity that is subject to the audit requirements that
    apply to non-Federal entities under that chapter.
    (b) Additional reviews and audits
      (1) In general
        In addition to any audit or review under subsection (a) of this
      section, to the extent the Secretary determines such action to be
      appropriate, the Secretary may conduct an audit or review of a
      recipient in order to - 
          (A) determine whether the recipient - 
            (i) has carried out - 
              (I) eligible activities in a timely manner; and
              (II) eligible activities and certification in accordance
            with this chapter and other applicable law;

            (ii) has a continuing capacity to carry out eligible
          activities in a timely manner; and
            (iii) is in compliance with the Indian housing plan of the
          recipient; and

          (B) verify the accuracy of information contained in any
        performance report submitted by the recipient under section
        4164 of this title.
      (2) On-site visits
        To the extent practicable, the reviews and audits conducted
      under this subsection shall include on-site visits by the
      appropriate official of the Department of Housing and Urban
      Development.
    (c) Review of reports
      (1) In general
        The Secretary shall provide each recipient that is the subject
      of a report made by the Secretary under this section notice that
      the recipient may review and comment on the report during a
      period of not less than 30 days after the date on which notice is
      issued under this paragraph.
      (2) Public availability
        After taking into consideration any comments of the recipient
      under paragraph (1), the Secretary - 
          (A) may revise the report; and
          (B) not later than 30 days after the date on which those
        comments are received, shall make the comments and the report
        (with any revisions made under subparagraph (A)) readily
        available to the public.
    (d) Effect of reviews
      Subject to section 4161(a) of this title, after reviewing the
    reports and audits relating to a recipient that are submitted to
    the Secretary under this section, the Secretary may adjust the
    amount of a grant made to a recipient under this chapter in
    accordance with the findings of the Secretary with respect to those
    reports and audits.

-SOURCE-
    (Pub. L. 104-330, title IV, Sec. 405, Oct. 26, 1996, 110 Stat.
    4040; Pub. L. 106-568, title X, Sec. 1003(f)(2), Dec. 27, 2000, 114
    Stat. 2927; Pub. L. 106-569, title V, Sec. 503(e)(2), Dec. 27,
    2000, 114 Stat. 2963.)


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-568 and Pub. L. 106-569 amended section
    identically, reenacting section catchline without change and
    amending text generally. Prior to amendment, section required the
    Secretary to make reviews and audits of recipients' activities and
    performance, to prepare reports, and to make adjustments in amounts
    of annual grants under this chapter based on the reviews and
    audits.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1997, except as otherwise expressly
    provided, see section 107 of Pub. L. 104-330, set out as a note
    under section 4101 of this title.

-End-



-CITE-
    25 USC Sec. 4166                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
    Sec. 4166. GAO audits

-STATUTE-
      To the extent that the financial transactions of Indian tribes
    and recipients of grant amounts under this chapter relate to
    amounts provided under this chapter, such transactions may be
    audited by the Comptroller General of the United States under such
    rules and regulations as may be prescribed by the Comptroller
    General. The representatives of the Government Accountability
    Office shall have access to all books, accounts, records, reports,
    files, and other papers, things, or property belonging to or in use
    by such tribes and recipients pertaining to such financial
    transactions and necessary to facilitate the audit.

-SOURCE-
    (Pub. L. 104-330, title IV, Sec. 406, Oct. 26, 1996, 110 Stat.
    4041; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office".

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1997, except as otherwise expressly
    provided, see section 107 of Pub. L. 104-330, set out as a note
    under section 4101 of this title.

-End-



-CITE-
    25 USC Sec. 4167                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
    Sec. 4167. Reports to Congress

-STATUTE-
    (a) In general
      Not later than 90 days after the conclusion of each fiscal year
    in which assistance under this chapter is made available, the
    Secretary shall submit to the Congress a report that contains - 
        (1) a description of the progress made in accomplishing the
      objectives of this chapter;
        (2) a summary of the use of funds available under this chapter
      during the preceding fiscal year; and
        (3) a description of the aggregate outstanding loan guarantees
      under subchapter VI of this chapter.
    (b) Related reports
      The Secretary may require recipients of grant amounts under this
    chapter to submit to the Secretary such reports and other
    information as may be necessary in order for the Secretary to make
    the report required by subsection (a) of this section.

-SOURCE-
    (Pub. L. 104-330, title IV, Sec. 407, Oct. 26, 1996, 110 Stat.
    4041.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1997, except as otherwise expressly
    provided, see section 107 of Pub. L. 104-330, set out as a note
    under section 4101 of this title.

-End-



-CITE-
    25 USC Sec. 4168                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER IV - COMPLIANCE, AUDITS, AND REPORTS

-HEAD-
    Sec. 4168. Public availability of information

-STATUTE-
      Each recipient shall make any housing plan, policy, or annual
    report prepared by the recipient available to the general public.

-SOURCE-
    (Pub. L. 104-330, title IV, Sec. 408, as added Pub. L. 105-276,
    title V, Sec. 595(e)(14)(A), Oct. 21, 1998, 112 Stat. 2658.)

-End-


-CITE-
    25 USC SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR
           INDIAN TRIBES UNDER INCORPORATED PROGRAMS       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER
                    INCORPORATED PROGRAMS       

-HEAD-
     SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER
                           INCORPORATED PROGRAMS

-End-



-CITE-
    25 USC Sec. 4181                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER
                    INCORPORATED PROGRAMS       

-HEAD-
    Sec. 4181. Termination of Indian housing assistance under United
      States Housing Act of 1937

-STATUTE-
    (a) Termination of assistance
      After September 30, 1997, financial assistance may not be
    provided under the United States Housing Act of 1937 [42 U.S.C.
    1437 et seq.] or pursuant to any commitment entered into under such
    Act, for Indian housing developed or operated pursuant to a
    contract between the Secretary and an Indian housing authority,
    unless such assistance is provided from amounts made available for
    fiscal year 1997 and pursuant to a commitment entered into before
    September 30, 1997. Any housing that is the subject of a contract
    for tenant-based assistance between the Secretary and an Indian
    housing authority that is terminated under this section shall, for
    the following fiscal year and each fiscal year thereafter, be
    considered to be a dwelling unit under section 4152(b)(1) of this
    title.
    (b) Termination of restrictions on use of Indian housing
      After September 30, 1997, any housing developed or operated
    pursuant to a contract between the Secretary and an Indian housing
    authority pursuant to the United States Housing Act of 1937 [42
    U.S.C. 1437 et seq.] shall not be subject to any provision of such
    Act or any annual contributions contract or other agreement
    pursuant to such Act, but shall be considered and maintained as
    affordable housing for purposes of this chapter.

-SOURCE-
    (Pub. L. 104-330, title V, Sec. 502, Oct. 26, 1996, 110 Stat. 4043;
    Pub. L. 106-568, title X, Sec. 1003(k)(3), Dec. 27, 2000, 114 Stat.
    2930; Pub. L. 106-569, title V, Sec. 503(j)(3), Dec. 27, 2000, 114
    Stat. 2966.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Housing Act of 1937, referred to in text, is
    act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,
    title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is
    classified generally to chapter 8 (Sec. 1437 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 1437 of
    Title 42 and Tables.
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016,
    as amended, known as the Native American Housing Assistance and
    Self-Determination Act of 1996. For complete classification of this
    Act to the Code, see Short Title note set out under section 4101 of
    this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-568 and Pub. L. 106-569 amended
    subsec. (a) identically, inserting at end "Any housing that is the
    subject of a contract for tenant-based assistance between the
    Secretary and an Indian housing authority that is terminated under
    this section shall, for the following fiscal year and each fiscal
    year thereafter, be considered to be a dwelling unit under section
    4152(b)(1) of this title."

                              EFFECTIVE DATE                          
      Section 508 of Pub. L. 104-330 provided that: "Sections 502, 503,
    and 507 [25 U.S.C. 4181, 4182, 4183] shall take effect on the date
    of the enactment of this Act [Oct. 26, 1996]."

-End-



-CITE-
    25 USC Sec. 4182                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER
                    INCORPORATED PROGRAMS       

-HEAD-
    Sec. 4182. Termination of new commitments for rental assistance

-STATUTE-
      After September 30, 1997, financial assistance for rental housing
    assistance under the United States Housing Act of 1937 [42 U.S.C.
    1437 et seq.] may not be provided to any Indian housing authority
    or tribally designated housing entity, unless such assistance is
    provided pursuant to a contract for such assistance entered into by
    the Secretary and the Indian housing authority before such date.
    Any such assistance provided pursuant to such a contract shall be
    governed by the provisions of the United States Housing Act of 1937
    (as in effect before the date of the effectiveness of this chapter)
    and the provisions of such contract.

-SOURCE-
    (Pub. L. 104-330, title V, Sec. 503, Oct. 26, 1996, 110 Stat.
    4043.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Housing Act of 1937, referred to in text, is
    act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,
    title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is
    classified generally to chapter 8 (Sec. 1437 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 1437 of
    Title 42 and Tables.
      For the date of the effectiveness of this chapter, referred to in
    text, as Oct. 1, 1997, except as otherwise expressly provided, see
    section 107 of Pub. L. 104-330, set out as an Effective Date note
    under section 4101 of this title.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1996, see section 508 of Pub. L. 104-
    330, set out as a note under section 4181 of this title.

-End-



-CITE-
    25 USC Sec. 4183                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER V - TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER
                    INCORPORATED PROGRAMS       

-HEAD-
    Sec. 4183. Savings provision

-STATUTE-
    (a) Existing rights and duties
      Except as provided in sections 4181 and 4182 of this title, this
    chapter may not be construed to affect the validity of any right,
    duty, or obligation of the United States or other person arising
    under or pursuant to any commitment or agreement lawfully entered
    into before October 1, 1997, under the United States Housing Act of
    1937 [42 U.S.C. 1437 et seq.], subtitle D of title IV of the
    Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12899
    et seq.],(!1) title II of the Cranston-Gonzalez National Affordable
    Housing Act [42 U.S.C. 12721 et seq.], title IV of the McKinney-
    Vento Homeless Assistance Act [42 U.S.C. 11361 et seq.], or
    section 2 of the HUD Demonstration Act of 1993.

    (b) Obligations under repealed provisions
      Notwithstanding the amendments made by this subchapter, any
    obligation of the Secretary made under or pursuant to title II of
    the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C.
    12721 et seq.], title IV of the McKinney-Vento Homeless Assistance
    Act [42 U.S.C. 11361 et seq.], or section 2 of the HUD
    Demonstration Act of 1993 shall continue to be governed by the
    provisions of such Acts (as in effect before the date of the
    effectiveness of the amendments made by this subchapter).

-SOURCE-
    (Pub. L. 104-330, title V, Sec. 507, Oct. 26, 1996, 110 Stat. 4045;
    Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 109-
    281, Sec. 2(d)(2), Sept. 22, 2006, 120 Stat. 1181.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Housing Act of 1937, referred to in subsec.
    (a), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.
    93-383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified
    generally to chapter 8 (Sec. 1437 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 1437 of Title 42
    and Tables.
      The Cranston-Gonzalez National Affordable Housing Act, referred
    to in text, is Pub. L. 101-625, Nov. 28, 1990, 104 Stat. 4079, as
    amended. Title II of the Act, known as the HOME Investment
    Partnerships Act, is classified principally to subchapter II (Sec.
    12721 et seq.) of chapter 130 of Title 42, The Public Health and
    Welfare. Subtitle D of title IV of the Act was classified generally
    to part C (Sec. 12899 et seq.) of subchapter IV of chapter 130 of
    Title 42 prior to repeal by Pub. L. 109-281, Sec. 2(e), Sept. 22,
    2006, 120 Stat. 1181. For complete classification of this Act to
    the Code, see Short Title note set out under section 12701 of Title
    42 and Tables.
      The McKinney-Vento Homeless Assistance Act, referred to in text,
    is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as amended. Title
    IV of the Act is classified principally to subchapter IV (Sec.
    11361 et seq.) of chapter 119 of Title 42. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 11301 of Title 42 and Tables.
      Section 2 of the HUD Demonstration Act of 1993, referred to in
    text, is section 2 of Pub. L. 103-120, Oct. 27, 1993, 107 Stat.
    1144, which was set out as a note under section 11301 of Title 42
    prior to repeal by Pub. L. 103-120, Sec. 2(g).
      This subchapter, referred to in subsec. (b), was in the original
    "this title", meaning title V of Pub. L. 104-330, which enacted
    this subchapter and section 12899h-1 of Title 42, amended sections
    1437a, 1437c to 1437e, 1437g, 1437l, 1437n, 1437u to 1437x, 1437aaa-
    5, 1437aaa-6, 1439, 11371 to 11376, 11382, 11401, 11403g, 11408,
    11903a, 12747, and 12838 of Title 42, repealed sections 1437aa to
    1437ee of Title 42, enacted provisions set out as notes under
    sections 11371, 12747, and 12899h-1 of Title 42, amended provisions
    set out as a note under section 11301 of Title 42, and repealed
    provisions set out as a note under section 1701z-6 of Title 12,
    Banks and Banking. For complete classification of title V to the
    Code, see Tables.
      The date of the effectiveness of the amendments made by this
    subchapter, referred to in subsec. (b), means the effective date of
    the amendments made by title V of Pub. L. 104-330, which is Oct. 1,
    1997, except as otherwise expressly provided. See section 107 of
    Pub. L. 104-330, set out as an Effective Date note under section
    4101 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-281 struck out "subtitle D of
    title IV of the Cranston-Gonzalez National Affordable Housing Act,"
    after "pursuant to".
      2000 - Pub. L. 106-400 substituted "McKinney-Vento Homeless
    Assistance Act" for "Stewart B. McKinney Homeless Assistance Act"
    in subsecs. (a) and (b).

                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1996, see section 508 of Pub. L. 104-
    330, set out as a note under section 4181 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    25 USC SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING
           FOR TRIBAL HOUSING ACTIVITIES                   01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
                     ACTIVITIES                

-HEAD-
    SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
                                ACTIVITIES

-End-



-CITE-
    25 USC Sec. 4191                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
                     ACTIVITIES                

-HEAD-
    Sec. 4191. Authority and requirements

-STATUTE-
    (a) Authority
      To such extent or in such amounts as provided in appropriations
    Acts, the Secretary may, subject to the limitations of this
    subchapter (including limitations designed to protect and maintain
    the viability of rental housing units owned or operated by the
    recipient that were developed under a contract between the
    Secretary and an Indian housing authority pursuant to the United
    States Housing Act of 1937 [42 U.S.C. 1437 et seq.]), and upon such
    terms and conditions as the Secretary may prescribe, guarantee and
    make commitments to guarantee, the notes or other obligations
    issued by Indian tribes or tribally designated housing entities
    with tribal approval, for the purposes of financing affordable
    housing activities described in section 4132 of this title and
    housing related community development activity as consistent with
    the purposes of this chapter.
    (b) Terms of loans
      Notes or other obligations guaranteed pursuant to this subchapter
    shall be in such form and denominations, have such maturities, and
    be subject to such conditions as may be prescribed by regulations
    issued by the Secretary. The Secretary may not deny a guarantee
    under this subchapter on the basis of the proposed repayment period
    for the note or other obligation, unless the period is more than 20
    years or the Secretary determines that the period causes the
    guarantee to constitute an unacceptable financial risk.
    (c) Limitation on outstanding guarantees
      No guarantee or commitment to guarantee shall be made with
    respect to any note or other obligation if the total outstanding
    notes or obligations of the issuer guaranteed under this subchapter
    (excluding any amount defeased under the contract entered into
    under section 4192(a)(1) of this title) would thereby exceed an
    amount equal to 5 times the amount of the grant approval for the
    issuer pursuant to subchapter III of this chapter.
    (d) Limitation on percentage
      A guarantee made under this subchapter shall guarantee repayment
    of 95 percent of the unpaid principal and interest due on the notes
    or other obligations guaranteed.

-SOURCE-
    (Pub. L. 104-330, title VI, Sec. 601, Oct. 26, 1996, 110 Stat.
    4046; Pub. L. 107-292, Sec. 7, Nov. 13, 2002, 116 Stat. 2054; Pub.
    L. 108-393, Sec. 2, Oct. 30, 2004, 118 Stat. 2246.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The United States Housing Act of 1937, referred to in subsec.
    (a), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L.
    93-383, title II, Aug. 22, 1974, 88 Stat. 653, which is classified
    generally to chapter 8 (Sec. 1437 et seq.) of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see Short Title note set out under section 1437 of Title 42
    and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-393 added subsec. (d).
      2002 - Subsec. (a). Pub. L. 107-292, Sec. 7(1), inserted "and
    housing related community development activity as consistent with
    the purposes of this chapter" after "section 4132 of this title".
      Subsecs. (b) to (d). Pub. L. 107-292, Sec. 7(2), (3),
    redesignated subsecs. (c) and (d) as (b) and (c), respectively, and
    struck out heading and text of former subsec. (b). Text read as
    follows: "A guarantee under this subchapter may be used to assist
    an Indian tribe or housing entity in obtaining financing only if
    the Indian tribe or housing entity has made efforts to obtain such
    financing without the use of such guarantee and cannot complete
    such financing consistent with the timely execution of the program
    plans without such guarantee."

                              EFFECTIVE DATE                          
      Section 606 of Pub. L. 104-330 provided that: "This title
    [enacting this subchapter] shall take effect on the date of the
    enactment of this Act [Oct. 26, 1996]."

-End-



-CITE-
    25 USC Sec. 4192                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
                     ACTIVITIES                

-HEAD-
    Sec. 4192. Security and repayment

-STATUTE-
    (a) Requirements on issuer
      To assure the repayment of notes or other obligations and charges
    incurred under this subchapter and as a condition for receiving
    such guarantees, the Secretary shall require the Indian tribe or
    housing entity issuing such notes or obligations to - 
        (1) enter into a contract, in a form acceptable to the
      Secretary, for repayment of notes or other obligations guaranteed
      under this subchapter;
        (2) pledge any grant for which the issuer may become eligible
      under this chapter;
        (3) demonstrate that the extent of such issuance and guarantee
      under this subchapter is within the financial capacity of the
      tribe and is not likely to impair the ability to use grant
      amounts under subchapter I of this chapter, taking into
      consideration the requirements under section 4133(b) of this
      title; and
        (4) furnish, at the discretion of the Secretary, such other
      security as may be deemed appropriate by the Secretary in making
      such guarantees, including increments in local tax receipts
      generated by the activities assisted under this chapter or
      disposition proceeds from the sale of land or rehabilitated
      property.
    (b) Repayment from grant amounts
      Notwithstanding any other provision of this chapter - 
        (1) the Secretary may apply grants pledged pursuant to
      subsection (a)(2) of this section to any repayments due the
      United States as a result of such guarantees; and
        (2) grants allocated under this chapter for an Indian tribe or
      housing entity (including program income derived therefrom) may
      be used to pay principal and interest due (including such
      servicing, underwriting, and other costs as may be specified in
      regulations issued by the Secretary) on notes or other
      obligations guaranteed pursuant to this subchapter.
    (c) Full faith and credit
      The full faith and credit of the United States is pledged to the
    payment of all guarantees made under this subchapter. Any such
    guarantee made by the Secretary shall be conclusive evidence of the
    eligibility of the obligations for such guarantee with respect to
    principal and interest, and the validity of any such guarantee so
    made shall be incontestable in the hands of a holder of the
    guaranteed obligations.

-SOURCE-
    (Pub. L. 104-330, title VI, Sec. 602, Oct. 26, 1996, 110 Stat.
    4046.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b), was in the
    original "this Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110
    Stat. 4016, as amended, known as the Native American Housing
    Assistance and Self-Determination Act of 1996. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 4101 of this title and Tables.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1996, see section 606 of Pub. L. 104-
    330, set out as a note under section 4191 of this title.

-End-



-CITE-
    25 USC Sec. 4193                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
                     ACTIVITIES                

-HEAD-
    Sec. 4193. Payment of interest

-STATUTE-
      The Secretary may make, and contract to make, grants, in such
    amounts as may be approved in appropriations Acts, to or on behalf
    of an Indian tribe or housing entity issuing notes or other
    obligations guaranteed under this subchapter, to cover not to
    exceed 30 percent of the net interest cost (including such
    servicing, underwriting, or other costs as may be specified in
    regulations of the Secretary) to the borrowing entity or agency of
    such obligations. The Secretary may also, to the extent approved in
    appropriations Acts, assist the issuer of a note or other
    obligation guaranteed under this subchapter in the payment of all
    or a portion of the principal and interest amount due under the
    note or other obligation, if the Secretary determines that the
    issuer is unable to pay the amount because of circumstances of
    extreme hardship beyond the control of the issuer.

-SOURCE-
    (Pub. L. 104-330, title VI, Sec. 603, Oct. 26, 1996, 110 Stat.
    4047.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1996, see section 606 of Pub. L. 104-
    330, set out as a note under section 4191 of this title.

-End-



-CITE-
    25 USC Sec. 4194                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
                     ACTIVITIES                

-HEAD-
    Sec. 4194. Training and information

-STATUTE-
      The Secretary, in cooperation with eligible public entities,
    shall carry out training and information activities with respect to
    the guarantee program under this subchapter.

-SOURCE-
    (Pub. L. 104-330, title VI, Sec. 604, Oct. 26, 1996, 110 Stat.
    4047.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1996, see section 606 of Pub. L. 104-
    330, set out as a note under section 4191 of this title.

-End-



-CITE-
    25 USC Sec. 4195                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
                     ACTIVITIES                

-HEAD-
    Sec. 4195. Limitations on amount of guarantees

-STATUTE-
    (a) Aggregate fiscal year limitation
      Notwithstanding any other provision of law and subject only to
    the absence of qualified applicants or proposed activities and to
    the authority provided in this subchapter, to the extent approved
    or provided in appropriations Acts, the Secretary may enter into
    commitments to guarantee notes and obligations under this
    subchapter with an aggregate principal amount not to exceed
    $400,000,000 for each of fiscal years 1997 through 2007.
    (b) Authorization of appropriations for credit subsidy
      There are authorized to be appropriated to cover the costs (as
    such term is defined in section 661a of title 2) of guarantees
    under this subchapter such sums as may be necessary for each of
    fiscal years 1997 through 2007.
    (c) Aggregate outstanding limitation
      The total amount of outstanding obligations guaranteed on a
    cumulative basis by the Secretary pursuant to this subchapter shall
    not at any time exceed $2,000,000,000 or such higher amount as may
    be authorized to be appropriated for this subchapter for any fiscal
    year.
    (d) Fiscal year limitations on tribes
      The Secretary shall monitor the use of guarantees under this
    subchapter by Indian tribes. If the Secretary finds that 50 percent
    of the aggregate guarantee authority under subsection (c) of this
    section has been committed, the Secretary may - 
        (1) impose limitations on the amount of guarantees any one
      Indian tribe may receive in any fiscal year of $50,000,000; or
        (2) request the enactment of legislation increasing the
      aggregate outstanding limitation on guarantees under this
      subchapter.

-SOURCE-
    (Pub. L. 104-330, title VI, Sec. 605, Oct. 26, 1996, 110 Stat.
    4047; Pub. L. 107-292, Sec. 2(b), Nov. 13, 2002, 116 Stat. 2053.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsecs. (a), (b). Pub. L. 107-292 substituted "1997
    through 2007" for "1997, 1998, 1999, 2000, and 2001".

                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1996, see section 606 of Pub. L. 104-
    330, set out as a note under section 4191 of this title.

-End-


-CITE-
    25 USC SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR
           NATIVE AMERICANS                                01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

-HEAD-
      SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS  

-End-



-CITE-
    25 USC Sec. 4211                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

-HEAD-
    Sec. 4211. 50-year leasehold interest in trust or restricted lands
      for housing purposes

-STATUTE-
    (a) Authority to lease
      Notwithstanding any other provision of law, any trust or
    restricted Indian lands, whether tribally or individually owned,
    may be leased by the Indian owners, subject to the approval of the
    affected Indian tribe and the Secretary of the Interior, for
    housing development and residential purposes.
    (b) Term
      Each lease pursuant to subsection (a) of this section shall be
    for a term not exceeding 50 years.
    (c) Rule of construction
      This section may not be construed to repeal, limit, or affect any
    authority to lease any trust or restricted Indian lands that - 
        (1) is conferred by or pursuant to any other provision of law;
      or
        (2) provides for leases for any period exceeding 50 years.
    (d) Self-implementation
      This section is intended to be self-implementing and shall not
    require the issuance of any rule, regulation, or order to take
    effect as provided in section 705.

-SOURCE-
    (Pub. L. 104-330, title VII, Sec. 702, Oct. 26, 1996, 110 Stat.
    4050.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 705, referred to in subsec. (d), is section 705 of Pub.
    L. 104-330, which is set out as an Effective Date note below.


-MISC1-
                              EFFECTIVE DATE                          
      Section 705 of title VII of Pub. L. 104-330 provided that: "This
    title [enacting this subchapter and amending sections 1715z-13a and
    1721 of Title 12, Banks and Banking, and sections 11902 to 11905 of
    Title 42, The Public Health and Welfare] and the amendments made by
    this title (but not including the amendments made by section 704
    [amending sections 11902 to 11905 of Title 42]) shall take effect
    on the date of the enactment of this Act [Oct. 26, 1996]."

-End-



-CITE-
    25 USC Sec. 4212                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VII - OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

-HEAD-
    Sec. 4212. Training and technical assistance

-STATUTE-
      There are authorized to be appropriated for assistance for a
    national organization representing Native American housing
    interests for providing training and technical assistance to Indian
    housing authorities and tribally designated housing entities such
    sums as may be necessary for each of fiscal years 1997 through
    2007.

-SOURCE-
    (Pub. L. 104-330, title VII, Sec. 703, Oct. 26, 1996, 110 Stat.
    4051; Pub. L. 107-292, Sec. 2(c), Nov. 13, 2002, 116 Stat. 2053.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-292 substituted "1997 through 2007" for "1997,
    1998, 1999, 2000, and 2001".

                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1996, see section 705 of Pub. L. 104-
    330, set out as a note under section 4211 of this title.

-End-


-CITE-
    25 USC SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE
           HAWAIIANS                                       01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
         SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS     

-End-



-CITE-
    25 USC Sec. 4221                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4221. Definitions

-STATUTE-
      In this subchapter:
      (1) Department of Hawaiian Home Lands; Department
        The term "Department of Hawaiian Home Lands" or "Department"
      means the agency or department of the government of the State of
      Hawaii that is responsible for the administration of the Hawaiian
      Homes Commission Act, 1920 (42 Stat. 108 et seq.).
      (2) Director
        The term "Director" means the Director of the Department of
      Hawaiian Home Lands.
      (3) Elderly families; near-elderly families
        (A) In general
          The term "elderly family" or "near-elderly family" means a
        family whose head (or his or her spouse), or whose sole member,
        is - 
            (i) for an elderly family, an elderly person; or
            (ii) for a near-elderly family, a near-elderly person.
        (B) Certain families included
          The term "elderly family" or "near-elderly family" includes -
        
            (i) two or more elderly persons or near-elderly persons, as
          the case may be, living together; and
            (ii) one or more persons described in clause (i) living
          with one or more persons determined under the housing plan to
          be essential to their care or well-being.
      (4) Hawaiian Home Lands
        The term "Hawaiian Home Lands" means lands that - 
          (A) have the status as Hawaiian home lands under section 204
        of the Hawaiian Homes Commission Act, 1920 (42 Stat. 110); or
          (B) are acquired pursuant to that Act.
      (5) Housing area
        The term "housing area" means an area of Hawaiian Home Lands
      with respect to which the Department of Hawaiian Home Lands is
      authorized to provide assistance for affordable housing under
      this chapter.
      (6) Housing entity
        The term "housing entity" means the Department of Hawaiian Home
      Lands.
      (7) Housing plan
        The term "housing plan" means a plan developed by the
      Department of Hawaiian Home Lands.
      (8) Median income
        The term "median income" means, with respect to an area that is
      a Hawaiian housing area, the greater of - 
          (A) the median income for the Hawaiian housing area, which
        shall be determined by the Secretary; or
          (B) the median income for the State of Hawaii.
      (9) Native Hawaiian
        The term "Native Hawaiian" means any individual who is - 
          (A) a citizen of the United States; and
          (B) a descendant of the aboriginal people, who, prior to
        1778, occupied and exercised sovereignty in the area that
        currently constitutes the State of Hawaii, as evidenced by - 
            (i) genealogical records;
            (ii) verification by kupuna (elders) or kama'aina (long-
          term community residents); or
            (iii) birth records of the State of Hawaii.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 801, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2876, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2969.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Hawaiian Homes Commission Act, 1920, referred to in pars. (1)
    and (4)(B), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended,
    which was classified generally to sections 691 to 718 of Title 48,
    Territories and Insular Possessions, and was omitted from the Code.
      This chapter, referred to in par. (5), was in the original "this
    Act", meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as
    amended, known as the Native American Housing Assistance and Self-
    Determination Act of 1996. For complete classification of this Act
    to the Code, see Short Title note set out under section 4101 of
    this title and Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    substantially identical sections 801 of Pub. L. 104-330. This
    section is based on the text of section 801 of Pub. L. 104-330, as
    added by Pub. L. 106-569, Sec. 513.


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 104-330, title VIII, Sec. 808, as added by Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2979, provided
    that: "Except as otherwise expressly provided in this title
    [enacting this subchapter], this title shall take effect on the
    date of the enactment of the American Homeownership and Economic
    Opportunity Act of 2000 [Pub. L. 106-569, approved Dec. 27, 2000]."
      Pub. L. 104-330, title VIII, Sec. 808, as added by Pub. L. 106-
    568, title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2885, provided
    that: "Except as otherwise expressly provided in this title
    [enacting this subchapter], this title shall take effect on the
    date of the enactment of the Native American Housing Assistance and
    Self-Determination Amendments of 2000 [probably should be the
    Hawaiian Homelands Ownership Act of 2000, title II of Pub. L. 106-
    568, approved Dec. 27, 2000]."

                                 FINDINGS                             
      Pub. L. 106-569, title V, Sec. 512, Dec. 27, 2000, 114 Stat.
    2966, provided that: "The Congress finds that - 
        "(1) the United States has undertaken a responsibility to
      promote the general welfare of the United States by - 
          "(A) employing its resources to remedy the unsafe and
        unsanitary housing conditions and the acute shortage of decent,
        safe, and sanitary dwellings for families of lower income; and
          "(B) developing effective partnerships with governmental and
        private entities to accomplish the objectives referred to in
        subparagraph (A);
        "(2) the United States has a special responsibility for the
      welfare of the Native peoples of the United States, including
      Native Hawaiians;
        "(3) pursuant to the provisions of the Hawaiian Homes
      Commission Act, 1920 (42 Stat. 108 et seq.) [former 48 U.S.C. 691
      et seq.], the United States set aside 200,000 acres of land in
      the Federal territory that later became the State of Hawaii in
      order to establish a homeland for the native people of Hawaii -
      Native Hawaiians;
        "(4) despite the intent of Congress in 1920 to address the
      housing needs of Native Hawaiians through the enactment of the
      Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.),
      Native Hawaiians eligible to reside on the Hawaiian home lands
      have been foreclosed from participating in Federal housing
      assistance programs available to all other eligible families in
      the United States;
        "(5) although Federal housing assistance programs have been
      administered on a racially neutral basis in the State of Hawaii,
      Native Hawaiians continue to have the greatest unmet need for
      housing and the highest rates of overcrowding in the United
      States;
        "(6) among the Native American population of the United States,
      Native Hawaiians experience the highest percentage of housing
      problems in the United States, as the percentage - 
          "(A) of housing problems in the Native Hawaiian population is
        49 percent, as compared to - 
            "(i) 44 percent for American Indian and Alaska Native
          households in Indian country; and
            "(ii) 27 percent for all other households in the United
          States; and
          "(B) overcrowding in the Native Hawaiian population is 36
        percent as compared to 3 percent for all other households in
        the United States;
        "(7) among the Native Hawaiian population, the needs of Native
      Hawaiians, as that term is defined in section 801 of the Native
      American Housing Assistance and Self-Determination Act of 1996
      [25 U.S.C. 4221] (as added by this subtitle), eligible to reside
      on the Hawaiian Home Lands are the most severe, as - 
          "(A) the percentage of overcrowding in Native Hawaiian
        households on the Hawaiian Home Lands is 36 percent; and
          "(B) approximately 13,000 Native Hawaiians, which constitute
        95 percent of the Native Hawaiians who are eligible to reside
        on the Hawaiian Home Lands, are in need of housing;
        "(8) applying the Department of Housing and Urban Development
      guidelines - 
          "(A) 70.8 percent of Native Hawaiians who either reside or
        who are eligible to reside on the Hawaiian Home Lands have
        incomes that fall below the median family income; and
          "(B) 50 percent of Native Hawaiians who either reside or who
        are eligible to reside on the Hawaiian Home Lands have incomes
        below 30 percent of the median family income;
        "(9) one-third of those Native Hawaiians who are eligible to
      reside on the Hawaiian Home Lands pay more than 30 percent of
      their income for shelter, and one-half of those Native Hawaiians
      face overcrowding;
        "(10) the extraordinarily severe housing needs of Native
      Hawaiians demonstrate that Native Hawaiians who either reside on,
      or are eligible to reside on, Hawaiian Home Lands have been
      denied equal access to Federal low-income housing assistance
      programs available to other qualified residents of the United
      States, and that a more effective means of addressing their
      housing needs must be authorized;
        "(11) consistent with the recommendations of the National
      Commission on American Indian, Alaska Native, and Native Hawaiian
      Housing, and in order to address the continuing prevalence of
      extraordinarily severe housing needs among Native Hawaiians who
      either reside or are eligible to reside on the Hawaiian Home
      Lands, Congress finds it necessary to extend the Federal low-
      income housing assistance available to American Indians and
      Alaska Natives under the Native American Housing Assistance and
      Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) to those
      Native Hawaiians;
        "(12) under the treatymaking power of the United States,
      Congress had the constitutional authority to confirm a treaty
      between the United States and the government that represented the
      Hawaiian people, and from 1826 until 1893, the United States
      recognized the independence of the Kingdom of Hawaii, extended
      full diplomatic recognition to the Hawaiian Government, and
      entered into treaties and conventions with the Hawaiian monarchs
      to govern commerce and navigation in 1826, 1842, 1849, 1875, and
      1887;
        "(13) the United States has recognized and reaffirmed that - 
          "(A) Native Hawaiians have a cultural, historic, and land-
        based link to the indigenous people who exercised sovereignty
        over the Hawaiian Islands, and that group has never
        relinquished its claims to sovereignty or its sovereign lands;
          "(B) Congress does not extend services to Native Hawaiians
        because of their race, but because of their unique status as
        the indigenous people of a once sovereign nation as to whom the
        United States has established a trust relationship;
          "(C) Congress has also delegated broad authority to
        administer a portion of the Federal trust responsibility to the
        State of Hawaii;
          "(D) the political status of Native Hawaiians is comparable
        to that of American Indians and Alaska Natives; and
          "(E) the aboriginal, indigenous people of the United States
        have - 
            "(i) a continuing right to autonomy in their internal
          affairs; and
            "(ii) an ongoing right of self-determination and self-
          governance that has never been extinguished;
        "(14) the political relationship between the United States and
      the Native Hawaiian people has been recognized and reaffirmed by
      the United States as evidenced by the inclusion of Native
      Hawaiians in - 
          "(A) the Native American Programs Act of 1974 (42 U.S.C. 2291
        [2991] et seq.);
          "(B) the American Indian Religious Freedom Act (42 U.S.C.
        1996 et seq.);
          "(C) the National Museum of the American Indian Act (20
        U.S.C. 80q et seq.);
          "(D) the Native American Graves Protection and Repatriation
        Act (25 U.S.C. 3001 et seq.);
          "(E) the National Historic Preservation Act (16 U.S.C. 470 et
        seq.);
          "(F) the Native American Languages Act of 1992 (106 Stat.
        3434 [Pub. L. 102-524, see Short Title of 1992 Amendment note
        set out under section 2991 of Title 42, The Public Health and
        Welfare]);
          "(G) the American Indian, Alaska Native and Native Hawaiian
        Culture and Arts [Art] Development Act (20 U.S.C. 4401 et
        seq.);
          "(H) the Job Training Partnership Act ([former] 29 U.S.C.
        1501 et seq.); and
          "(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et
        seq.); and
        "(15) in the area of housing, the United States has recognized
      and reaffirmed the political relationship with the Native
      Hawaiian people through - 
          "(A) the enactment of the Hawaiian Homes Commission Act, 1920
        (42 Stat. 108 et seq.), which set aside approximately 200,000
        acres of public lands that became known as Hawaiian Home Lands
        in the Territory of Hawaii that had been ceded to the United
        States for homesteading by Native Hawaiians in order to
        rehabilitate a landless and dying people;
          "(B) the enactment of the Act entitled 'An Act to provide for
        the admission of the State of Hawaii into the Union', approved
        March 18, 1959 (73 Stat. 4) [Pub. L. 86-3, 48 U.S.C. note prec.
        491] - 
            "(i) by ceding to the State of Hawaii title to the public
          lands formerly held by the United States, and mandating that
          those lands be held in public trust, for the betterment of
          the conditions of Native Hawaiians, as that term is defined
          in section 201 of the Hawaiian Homes Commission Act, 1920 (42
          Stat. 108 et seq.); and
            "(ii) by transferring the United States responsibility for
          the administration of Hawaiian Home Lands to the State of
          Hawaii, but retaining the authority to enforce the trust,
          including the exclusive right of the United States to consent
          to any actions affecting the lands which comprise the corpus
          of the trust and any amendments to the Hawaiian Homes
          Commission Act, 1920 (42 Stat. 108 et seq.), enacted by the
          legislature of the State of Hawaii affecting the rights of
          beneficiaries under the Act;
          "(C) the authorization of mortgage loans insured by the
        Federal Housing Administration for the purchase, construction,
        or refinancing of homes on Hawaiian Home Lands under the
        National Housing Act (Public Law 479; 73d Congress; 12 U.S.C.
        1701 et seq.);
          "(D) authorizing Native Hawaiian representation on the
        National Commission on American Indian, Alaska Native, and
        Native Hawaiian Housing under Public Law 101-235 [see Tables
        for classification];
          "(E) the inclusion of Native Hawaiians in the definition
        under section 3764 [now 3765] of title 38, United States Code,
        applicable to subchapter V of chapter 37 of title 38, United
        States Code (relating to a housing loan program for Native
        American veterans); and
          "(F) the enactment of the Hawaiian Home Lands Recovery Act
        (109 Stat. 357; 48 U.S.C. 491, note prec.) [Pub. L. 104-42,
        title II] which establishes a process for the conveyance of
        Federal lands to the Department of Hawaiian Homes Lands that
        are equivalent in value to lands acquired by the United States
        from the Hawaiian Home Lands inventory."
      Substantially identical provisions were contained in Pub. L. 106-
    568, title II, Sec. 202, Dec. 27, 2000, 114 Stat. 2872.

-End-



-CITE-
    25 USC Sec. 4222                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4222. Block grants for affordable housing activities

-STATUTE-
    (a) Grant authority
      For each fiscal year, the Secretary shall (to the extent amounts
    are made available to carry out this subchapter) make a grant under
    this subchapter to the Department of Hawaiian Home Lands to carry
    out affordable housing activities for Native Hawaiian families who
    are eligible to reside on the Hawaiian Home Lands.
    (b) Plan requirement
      (1) In general
        The Secretary may make a grant under this subchapter to the
      Department of Hawaiian Home Lands for a fiscal year only if - 
          (A) the Director has submitted to the Secretary a housing
        plan for that fiscal year; and
          (B) the Secretary has determined under section 4224 of this
        title that the housing plan complies with the requirements of
        section 4223 of this title.
      (2) Waiver
        The Secretary may waive the applicability of the requirements
      under paragraph (1), in part, if the Secretary finds that the
      Department of Hawaiian Home Lands has not complied or cannot
      comply with those requirements due to circumstances beyond the
      control of the Department of Hawaiian Home Lands.
    (c) Use of funds for affordable housing activities under plan
      Except as provided in subsection (e) of this section, amounts
    provided under a grant under this section may be used only for
    affordable housing activities under this subchapter that are
    consistent with a housing plan approved under section 4224 of this
    title.
    (d) Administrative expenses
      (1) In general
        The Secretary shall, by regulation, authorize the Department of
      Hawaiian Home Lands to use a percentage of any grant amounts
      received under this subchapter for any reasonable administrative
      and planning expenses of the Department relating to carrying out
      this subchapter and activities assisted with those amounts.
      (2) Administrative and planning expenses
        The administrative and planning expenses referred to in
      paragraph (1) include - 
          (A) costs for salaries of individuals engaged in
        administering and managing affordable housing activities
        assisted with grant amounts provided under this subchapter; and
          (B) expenses incurred in preparing a housing plan under
        section 4223 of this title.
    (e) Public-private partnerships
      The Director shall make all reasonable efforts, consistent with
    the purposes of this subchapter, to maximize participation by the
    private sector, including nonprofit organizations and for-profit
    entities, in implementing a housing plan that has been approved by
    the Secretary under section 4223 of this title.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 802, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2877, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2971.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 802 of Pub. L. 104-330. This section is based on
    the text of section 802 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4223                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4223. Housing plan

-STATUTE-
    (a) Plan submission
      The Secretary shall - 
        (1) require the Director to submit a housing plan under this
      section for each fiscal year; and
        (2) provide for the review of each plan submitted under
      paragraph (1).
    (b) Five-year plan
      Each housing plan under this section shall - 
        (1) be in a form prescribed by the Secretary; and
        (2) contain, with respect to the 5-year period beginning with
      the fiscal year for which the plan is submitted, the following
      information:
          (A) Mission statement. - A general statement of the mission
        of the Department of Hawaiian Home Lands to serve the needs of
        the low-income families to be served by the Department.
          (B) Goals and objectives. - A statement of the goals and
        objectives of the Department of Hawaiian Home Lands to enable
        the Department to serve the needs identified in subparagraph
        (A) during the period.
          (C) Activities plans. - An overview of the activities planned
        during the period including an analysis of the manner in which
        the activities will enable the Department to meet its mission,
        goals, and objectives.
    (c) One-year plan
      A housing plan under this section shall - 
        (1) be in a form prescribed by the Secretary; and
        (2) contain the following information relating to the fiscal
      year for which the assistance under this subchapter is to be made
      available:
          (A) Goals and objectives. - A statement of the goals and
        objectives to be accomplished during the period covered by the
        plan.
          (B) Statement of needs. - A statement of the housing needs of
        the low-income families served by the Department and the means
        by which those needs will be addressed during the period
        covered by the plan, including - 
            (i) a description of the estimated housing needs and the
          need for assistance for the low-income families to be served
          by the Department, including a description of the manner in
          which the geographical distribution of assistance is
          consistent with - 
              (I) the geographical needs of those families; and
              (II) needs for various categories of housing assistance;
            and

            (ii) a description of the estimated housing needs for all
          families to be served by the Department.

          (C) Financial resources. - An operating budget for the
        Department of Hawaiian Home Lands, in a form prescribed by the
        Secretary, that includes - 
            (i) an identification and a description of the financial
          resources reasonably available to the Department to carry out
          the purposes of this subchapter, including an explanation of
          the manner in which amounts made available will be used to
          leverage additional resources; and
            (ii) the uses to which the resources described in clause
          (i) will be committed, including - 
              (I) eligible and required affordable housing activities;
            and
              (II) administrative expenses.

          (D) Affordable housing resources. - A statement of the
        affordable housing resources currently available at the time of
        the submittal of the plan and to be made available during the
        period covered by the plan, including - 
            (i) a description of the significant characteristics of the
          housing market in the State of Hawaii, including the
          availability of housing from other public sources, private
          market housing;
            (ii) the manner in which the characteristics referred to in
          clause (i) influence the decision of the Department of
          Hawaiian Home Lands to use grant amounts to be provided under
          this subchapter for - 
              (I) rental assistance;
              (II) the production of new units;
              (III) the acquisition of existing units; or
              (IV) the rehabilitation of units;

            (iii) a description of the structure, coordination, and
          means of cooperation between the Department of Hawaiian Home
          Lands and any other governmental entities in the development,
          submission, or implementation of housing plans, including a
          description of - 
              (I) the involvement of private, public, and nonprofit
            organizations and institutions;
              (II) the use of loan guarantees under section 1715z-13b
            of title 12; and
              (III) other housing assistance provided by the United
            States, including loans, grants, and mortgage insurance;

            (iv) a description of the manner in which the plan will
          address the needs identified pursuant to subparagraph (C);
            (v) a description of - 
              (I) any existing or anticipated homeownership programs
            and rental programs to be carried out during the period
            covered by the plan; and
              (II) the requirements and assistance available under the
            programs referred to in subclause (I);

            (vi) a description of - 
              (I) any existing or anticipated housing rehabilitation
            programs necessary to ensure the long-term viability of the
            housing to be carried out during the period covered by the
            plan; and
              (II) the requirements and assistance available under the
            programs referred to in subclause (I);

            (vii) a description of - 
              (I) all other existing or anticipated housing assistance
            provided by the Department of Hawaiian Home Lands during
            the period covered by the plan, including - 
                (aa) transitional housing;
                (bb) homeless housing;
                (cc) college housing; and
                (dd) supportive services housing; and

              (II) the requirements and assistance available under such
            programs;

            (viii)(I) a description of any housing to be demolished or
          disposed of;
            (II) a timetable for that demolition or disposition; and
            (III) any other information required by the Secretary with
          respect to that demolition or disposition;
            (ix) a description of the manner in which the Department of
          Hawaiian Home Lands will coordinate with welfare agencies in
          the State of Hawaii to ensure that residents of the
          affordable housing will be provided with access to resources
          to assist in obtaining employment and achieving self-
          sufficiency;
            (x) a description of the requirements established by the
          Department of Hawaiian Home Lands to - 
              (I) promote the safety of residents of the affordable
            housing;
              (II) facilitate the undertaking of crime prevention
            measures;
              (III) allow resident input and involvement, including the
            establishment of resident organizations; and
              (IV) allow for the coordination of crime prevention
            activities between the Department and local law enforcement
            officials; and

            (xi) a description of the entities that will carry out the
          activities under the plan, including the organizational
          capacity and key personnel of the entities.

          (E) Certification of compliance. - Evidence of compliance
        that shall include, as appropriate - 
            (i) a certification that the Department of Hawaiian Home
          Lands will comply with - 
              (I) title VI of the Civil Rights Act of 1964 (42 U.S.C.
            2000d et seq.) or with the Fair Housing Act (42 U.S.C. 3601
            et seq.) in carrying out this subchapter, to the extent
            that such title (!1) is applicable; and

              (II) other applicable Federal statutes;

            (ii) a certification that the Department will require
          adequate insurance coverage for housing units that are owned
          and operated or assisted with grant amounts provided under
          this subchapter, in compliance with such requirements as may
          be established by the Secretary;
            (iii) a certification that policies are in effect and are
          available for review by the Secretary and the public
          governing the eligibility, admission, and occupancy of
          families for housing assisted with grant amounts provided
          under this subchapter;
            (iv) a certification that policies are in effect and are
          available for review by the Secretary and the public
          governing rents charged, including the methods by which such
          rents or homebuyer payments are determined, for housing
          assisted with grant amounts provided under this subchapter;
          and
            (v) a certification that policies are in effect and are
          available for review by the Secretary and the public
          governing the management and maintenance of housing assisted
          with grant amounts provided under this subchapter.
    (d) Applicability of civil rights statutes
      (1) In general
        To the extent that the requirements of title VI of the Civil
      Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of the Fair
      Housing Act (42 U.S.C. 3601 et seq.) apply to assistance provided
      under this subchapter, nothing in the requirements concerning
      discrimination on the basis of race shall be construed to prevent
      the provision of assistance under this subchapter - 
          (A) to the Department of Hawaiian Home Lands on the basis
        that the Department served Native Hawaiians; or
          (B) to an eligible family on the basis that the family is a
        Native Hawaiian family.
      (2) Civil rights
        Program eligibility under this subchapter may be restricted to
      Native Hawaiians. Subject to the preceding sentence, no person
      may be discriminated against on the basis of race, color,
      national origin, religion, sex, familial status, or disability.
    (e) Use of nonprofit organizations
      As a condition of receiving grant amounts under this subchapter,
    the Department of Hawaiian Home Lands shall, to the extent
    practicable, provide for private nonprofit organizations
    experienced in the planning and development of affordable housing
    for Native Hawaiians to carry out affordable housing activities
    with those grant amounts.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 803, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2878, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2971.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Civil Rights Act of 1964, referred to in subsecs.
    (c)(2)(E)(i)(I) and (d)(1), is Pub. L. 88-352, July 2, 1964, 78
    Stat. 241, as amended. Title VI of the Act is classified generally
    to subchapter V (Sec. 2000d et seq.) of chapter 21 of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 2000a of
    Title 42 and Tables.
      The Fair Housing Act, referred to in subsecs. (c)(2)(E)(i)(I) and
    (d)(1), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat.
    81, as amended, which is classified principally to subchapter I
    (Sec. 3601 et seq.) of chapter 45 of Title 42, The Public Health
    and Welfare. For complete classification of this Act to the Code,
    see Short Title note set out under section 3601 of Title 42 and
    Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    substantially identical sections 803 of Pub. L. 104-330. This
    section is based on the text of section 803 of Pub. L. 104-330, as
    added by Pub. L. 106-569, Sec. 513. Section 803 of Pub. L. 104-330,
    as added by Pub. L. 106-568, referred to title VIII of the Act
    popularly known as the Civil Rights Act of 1968 instead of the Fair
    Housing Act in subsecs. (c)(2)(E)(i)(I) and (d)(1). Title VIII of
    the Civil Rights Act of 1968 is title VIII of Pub. L. 90-284 which
    is known as the Fair Housing Act, see References in Text note
    above. The reference to "such title" in subsec. (c)(2)(E)(i)(I)
    probably refers to title VI of the Civil Rights Act of 1964 and
    title VIII of the Civil Rights Act of 1968 (the Fair Housing Act).

-FOOTNOTE-
    (!1) See Codification note below.


-End-



-CITE-
    25 USC Sec. 4224                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4224. Review of plans

-STATUTE-
    (a) Review and notice
      (1) Review
        (A) In general
          The Secretary shall conduct a review of a housing plan
        submitted to the Secretary under section 4223 of this title to
        ensure that the plan complies with the requirements of that
        section.
        (B) Limitation
          The Secretary shall have the discretion to review a plan
        referred to in subparagraph (A) only to the extent that the
        Secretary considers that the review is necessary.
      (2) Notice
        (A) In general
          Not later than 60 days after receiving a plan under section
        4223 of this title, the Secretary shall notify the Director of
        the Department of Hawaiian Home Lands whether the plan complies
        with the requirements under that section.
        (B) Effect of failure of Secretary to take action
          For purposes of this subchapter, if the Secretary does not
        notify the Director, as required under this subsection and
        subsection (b) of this section, upon the expiration of the 60-
        day period described in subparagraph (A) - 
            (i) the plan shall be considered to have been determined to
          comply with the requirements under section 4223 of this
          title; and
            (ii) the Director shall be considered to have been notified
          of compliance.
    (b) Notice of reasons for determination of noncompliance
      If the Secretary determines that a plan submitted under section
    4223 of this title does not comply with the requirements of that
    section, the Secretary shall specify in the notice under subsection
    (a) of this section - 
        (1) the reasons for noncompliance; and
        (2) any modifications necessary for the plan to meet the
      requirements of section 4223 of this title.
    (c) Review
      (1) In general
        After the Director of the Department of Hawaiian Home Lands
      submits a housing plan under section 4223 of this title, or any
      amendment or modification to the plan to the Secretary, to the
      extent that the Secretary considers such action to be necessary
      to make a determination under this subsection, the Secretary
      shall review the plan (including any amendments or modifications
      thereto) to determine whether the contents of the plan - 
          (A) set forth the information required by section 4223 of
        this title to be contained in the housing plan;
          (B) are consistent with information and data available to the
        Secretary; and
          (C) are not prohibited by or inconsistent with any provision
        of this chapter or any other applicable law.
      (2) Incomplete plans
        If the Secretary determines under this subsection that any of
      the appropriate certifications required under section
      4223(c)(2)(E) of this title are not included in a plan, the plan
      shall be considered to be incomplete.
    (d) Updates to plan
      (1) In general
        Subject to paragraph (2), after a plan under section 4223 of
      this title has been submitted for a fiscal year, the Director of
      the Department of Hawaiian Home Lands may comply with the
      provisions of that section for any succeeding fiscal year (with
      respect to information included for the 5-year period under
      section 4223(b) of this title or for the 1-year period under
      section 4223(c) of this title) by submitting only such
      information regarding such changes as may be necessary to update
      the plan previously submitted.
      (2) Complete plans
        The Director shall submit a complete plan under section 4223 of
      this title not later than 4 years after submitting an initial
      plan under that section, and not less frequently than every 4
      years thereafter.
    (e) Effective date
      This section and section 4223 of this title shall take effect on
    the date provided by the Secretary pursuant to section 4227(a) (!1)
    of this title to provide for timely submission and review of the
    housing plan as necessary for the provision of assistance under
    this subchapter for fiscal year 2001.


-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 804, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2881, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2975.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    substantially identical sections 804 of Pub. L. 104-330. This
    section is based on the text of section 804 of Pub. L. 104-330, as
    added by Pub. L. 106-569, Sec. 513.

-FOOTNOTE-
    (!1) So in original. Probably should be section "4227".


-End-



-CITE-
    25 USC Sec. 4225                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4225. Treatment of program income and labor standards

-STATUTE-
    (a) Program income
      (1) Authority to retain
        The Department of Hawaiian Home Lands may retain any program
      income that is realized from any grant amounts received by the
      Department under this subchapter if - 
          (A) that income was realized after the initial disbursement
        of the grant amounts received by the Department; and
          (B) the Director agrees to use the program income for
        affordable housing activities in accordance with the provisions
        of this subchapter.
      (2) Prohibition of reduction of grant
        The Secretary may not reduce the grant amount for the
      Department of Hawaiian Home Lands based solely on - 
          (A) whether the Department retains program income under
        paragraph (1); or
          (B) the amount of any such program income retained.
      (3) Exclusion of amounts
        The Secretary may, by regulation, exclude from consideration as
      program income any amounts determined to be so small that
      compliance with the requirements of this subsection would create
      an unreasonable administrative burden on the Department.
    (b) Labor standards
      (1) In general
        Any contract or agreement for assistance, sale, or lease
      pursuant to this subchapter shall contain - 
          (A) a provision requiring that an amount not less than the
        wages prevailing in the locality, as determined or adopted
        (subsequent to a determination under applicable State or local
        law) by the Secretary, shall be paid to all architects,
        technical engineers, draftsmen, technicians employed in the
        development and all maintenance, and laborers and mechanics
        employed in the operation, of the affordable housing project
        involved; and
          (B) a provision that an amount not less than the wages
        prevailing in the locality, as predetermined by the Secretary
        of Labor pursuant to sections 3141-3144, 3146, and 3147 of
        title 40 shall be paid to all laborers and mechanics employed
        in the development of the affordable housing involved.
      (2) Exceptions
        Paragraph (1) and provisions relating to wages required under
      paragraph (1) in any contract or agreement for assistance, sale,
      or lease under this subchapter, shall not apply to any individual
      who performs the services for which the individual volunteered
      and who is not otherwise employed at any time in the construction
      work and received no compensation or is paid expenses, reasonable
      benefits, or a nominal fee for those services.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 805, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2976.)

-COD-
                               CODIFICATION                           
      "Sections 3141-3144, 3146, and 3147 of title 40" substituted in
    subsec. (b)(1)(B) for "the Act commonly known as the 'Davis-Bacon
    Act' (46 Stat. 1494; chapter 411; 40 U.S.C. 276a et seq.)" on
    authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
    1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    substantially identical sections 805 of Pub. L. 104-330. This
    section is based on the text of section 805 of Pub. L. 104-330, as
    added by Pub. L. 106-569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4226                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4226. Environmental review

-STATUTE-
    (a) In general
      (1) Release of funds
        (A) In general
          The Secretary may carry out the alternative environmental
        protection procedures described in subparagraph (B) in order to
        ensure - 
            (i) that the policies of the National Environmental Policy
          Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions of
          law that further the purposes of such Act (as specified in
          regulations issued by the Secretary) are most effectively
          implemented in connection with the expenditure of grant
          amounts provided under this subchapter; and
            (ii) to the public undiminished protection of the
          environment.
        (B) Alternative environmental protection procedure
          In lieu of applying environmental protection procedures
        otherwise applicable, the Secretary may by regulation provide
        for the release of funds for specific projects to the
        Department of Hawaiian Home Lands if the Director of the
        Department assumes all of the responsibilities for
        environmental review, decisionmaking, and action under the
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
        seq.), and such other provisions of law as the regulations of
        the Secretary specify, that would apply to the Secretary were
        the Secretary to undertake those projects as Federal projects.
      (2) Regulations
        (A) In general
          The Secretary shall issue regulations to carry out this
        section only after consultation with the Council on
        Environmental Quality.
        (B) Contents
          The regulations issued under this paragraph shall - 
            (i) provide for the monitoring of the environmental reviews
          performed under this section;
            (ii) in the discretion of the Secretary, facilitate
          training for the performance of such reviews; and
            (iii) provide for the suspension or termination of the
          assumption of responsibilities under this section.
      (3) Effect on assumed responsibility
        The duty of the Secretary under paragraph (2)(B) shall not be
      construed to limit or reduce any responsibility assumed by the
      Department of Hawaiian Home Lands for grant amounts with respect
      to any specific release of funds.
    (b) Procedure
      (1) In general
        The Secretary shall authorize the release of funds subject to
      the procedures under this section only if, not less than 15 days
      before that approval and before any commitment of funds to such
      projects, the Director of the Department of Hawaiian Home Lands
      submits to the Secretary a request for such release accompanied
      by a certification that meets the requirements of subsection (c)
      of this section.
      (2) Effect of approval
        The approval of the Secretary of a certification described in
      paragraph (1) shall be deemed to satisfy the responsibilities of
      the Secretary under the National Environmental Policy Act of 1969
      (42 U.S.C. 4321 et seq.) and such other provisions of law as the
      regulations of the Secretary specify to the extent that those
      responsibilities relate to the releases of funds for projects
      that are covered by that certification.
    (c) Certification
      A certification under the procedures under this section shall - 
        (1) be in a form acceptable to the Secretary;
        (2) be executed by the Director of the Department of Hawaiian
      Home Lands;
        (3) specify that the Department of Hawaiian Home Lands has
      fully carried out its responsibilities as described under
      subsection (a) of this section; and
        (4) specify that the Director - 
          (A) consents to assume the status of a responsible Federal
        official under the National Environmental Policy Act of 1969
        (42 U.S.C. 4321 et seq.) and each provision of law specified in
        regulations issued by the Secretary to the extent that those
        laws apply by reason of subsection (a) of this section; and
          (B) is authorized and consents on behalf of the Department of
        Hawaiian Home Lands and the Director to accept the jurisdiction
        of the Federal courts for the purpose of enforcement of the
        responsibilities of the Director of the Department of Hawaiian
        Home Lands as such an official.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 806, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2977.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsecs. (a)(1), (b)(2), and (c)(4)(A), is Pub. L. 91-190, Jan. 1,
    1970, 83 Stat. 852, as amended, which is classified generally to
    chapter 55 (Sec. 4321 et seq.) of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out under section 4321 of Title 42 and Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    substantially identical sections 806 of Pub. L. 104-330. This
    section is based on the text of section 806 of Pub. L. 104-330, as
    added by Pub. L. 106-569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4227                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4227. Regulations

-STATUTE-
      The Secretary shall issue final regulations necessary to carry
    out this subchapter not later than October 1, 2001.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 807, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2979.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    substantially identical sections 807 of Pub. L. 104-330. This
    section is based on the text of section 807 of Pub. L. 104-330, as
    added by Pub. L. 106-569, Sec. 513. Section 807 of Pub. L. 104-330,
    as added by Pub. L. 106-568, Sec. 203, required the issuance of
    final regulations not later than October 1, 2000, instead of
    October 1, 2001.

-End-



-CITE-
    25 USC Sec. 4228                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4228. Affordable housing activities

-STATUTE-
    (a) (!1) National objectives and eligible families

      (1) Primary objective
        The national objectives of this subchapter are - 
          (A) to assist and promote affordable housing activities to
        develop, maintain, and operate affordable housing in safe and
        healthy environments for occupancy by low-income Native
        Hawaiian families;
          (B) to ensure better access to private mortgage markets and
        to promote self-sufficiency of low-income Native Hawaiian
        families;
          (C) to coordinate activities to provide housing for low-
        income Native Hawaiian families with Federal, State, and local
        activities to further economic and community development;
          (D) to plan for and integrate infrastructure resources on the
        Hawaiian Home Lands with housing development; and
          (E) to - 
            (i) promote the development of private capital markets; and
            (ii) allow the markets referred to in clause (i) to operate
          and grow, thereby benefiting Native Hawaiian communities.
      (2) Eligible families
        (A) In general
          Except as provided under subparagraph (B), assistance for
        eligible housing activities under this subchapter shall be
        limited to low-income Native Hawaiian families.
        (B) Exception to low-income requirement
          (i) In general
            The Director may provide assistance for homeownership
          activities under - 
              (I) section 4229(b) of this title;
              (II) model activities under section 4229(f) of this
            title; or
              (III) loan guarantee activities under section 1715z-13b
            of title 12 to Native Hawaiian families who are not low-
            income families, to the extent that the Secretary approves
            the activities under that section to address a need for
            housing for those families that cannot be reasonably met
            without that assistance.
          (ii) Limitations
            The Secretary shall establish limitations on the amount of
          assistance that may be provided under this subchapter for
          activities for families that are not low-income families.
        (C) Other families
          Notwithstanding paragraph (1), the Director may provide
        housing or housing assistance provided through affordable
        housing activities assisted with grant amounts under this
        subchapter to a family that is not composed of Native Hawaiians
        if - 
            (i) the Department determines that the presence of the
          family in the housing involved is essential to the well-being
          of Native Hawaiian families; and
            (ii) the need for housing for the family cannot be
          reasonably met without the assistance.
        (D) Preference
          (i) In general
            A housing plan submitted under section 4223 of this title
          may authorize a preference, for housing or housing assistance
          provided through affordable housing activities assisted with
          grant amounts provided under this subchapter to be provided,
          to the extent practicable, to families that are eligible to
          reside on the Hawaiian Home Lands.
          (ii) Application
            In any case in which a housing plan provides for preference
          described in clause (i), the Director shall ensure that
          housing activities that are assisted with grant amounts under
          this subchapter are subject to that preference.
        (E) Use of nonprofit organizations
          As a condition of receiving grant amounts under this
        subchapter, the Department of Hawaiian Home Lands, shall to the
        extent practicable, provide for private nonprofit organizations
        experienced in the planning and development of affordable
        housing for Native Hawaiians to carry out affordable housing
        activities with those grant amounts.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 809, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2979.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 809 of Pub. L. 104-330. This section is based on
    the text of section 809 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-FOOTNOTE-
    (!1) So in original. No subsec. (b) has been enacted.


-End-



-CITE-
    25 USC Sec. 4229                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4229. Eligible affordable housing activities

-STATUTE-
    (a) In general
      Affordable housing activities under this section are activities
    conducted in accordance with the requirements of section 4230 of
    this title to - 
        (1) develop or to support affordable housing for rental or
      homeownership; or
        (2) provide housing services with respect to affordable
      housing, through the activities described in subsection (b) of
      this section.
    (b) Activities
      The activities described in this subsection are the following:
      (1) Development
        The acquisition, new construction, reconstruction, or moderate
      or substantial rehabilitation of affordable housing, which may
      include - 
          (A) real property acquisition;
          (B) site improvement;
          (C) the development of utilities and utility services;
          (D) conversion;
          (E) demolition;
          (F) financing;
          (G) administration and planning; and
          (H) other related activities.
      (2) Housing services
        The provision of housing-related services for affordable
      housing, including - 
          (A) housing counseling in connection with rental or
        homeownership assistance;
          (B) the establishment and support of resident organizations
        and resident management corporations;
          (C) energy auditing;
          (D) activities related to the provisions of self-sufficiency
        and other services; and
          (E) other services related to assisting owners, tenants,
        contractors, and other entities participating or seeking to
        participate in other housing activities assisted pursuant to
        this section.
      (3) Housing management services
        The provision of management services for affordable housing,
      including - 
          (A) the preparation of work specifications;
          (B) loan processing;
          (C) inspections;
          (D) tenant selection;
          (E) management of tenant-based rental assistance; and
          (F) management of affordable housing projects.
      (4) Crime prevention and safety activities
        The provision of safety, security, and law enforcement measures
      and activities appropriate to protect residents of affordable
      housing from crime.
      (5) Model activities
        Housing activities under model programs that are - 
          (A) designed to carry out the purposes of this subchapter;
        and
          (B) specifically approved by the Secretary as appropriate for
        the purpose referred to in subparagraph (A).

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 810, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2886, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2980.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 810 of Pub. L. 104-330. This section is based on
    the text of section 810 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4230                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4230. Program requirements

-STATUTE-
    (a) Rents
      (1) Establishment
        Subject to paragraph (2), as a condition to receiving grant
      amounts under this subchapter, the Director shall develop written
      policies governing rents and homebuyer payments charged for
      dwelling units assisted under this subchapter, including methods
      by which such rents and homebuyer payments are determined.
      (2) Maximum rent
        In the case of any low-income family residing in a dwelling
      unit assisted with grant amounts under this subchapter, the
      monthly rent or homebuyer payment (as applicable) for that
      dwelling unit may not exceed 30 percent of the monthly adjusted
      income of that family.
    (b) Maintenance and efficient operation
      (1) In general
        The Director shall, using amounts of any grants received under
      this subchapter, reserve and use for operating under section 4229
      of this title such amounts as may be necessary to provide for the
      continued maintenance and efficient operation of such housing.
      (2) Disposal of certain housing
        This subsection may not be construed to prevent the Director,
      or any entity funded by the Department, from demolishing or
      disposing of housing, pursuant to regulations established by the
      Secretary.
    (c) Insurance coverage
      As a condition to receiving grant amounts under this subchapter,
    the Director shall require adequate insurance coverage for housing
    units that are owned or operated or assisted with grant amounts
    provided under this subchapter.
    (d) Eligibility for admission
      As a condition to receiving grant amounts under this subchapter,
    the Director shall develop written policies governing the
    eligibility, admission, and occupancy of families for housing
    assisted with grant amounts provided under this subchapter.
    (e) Management and maintenance
      As a condition to receiving grant amounts under this subchapter,
    the Director shall develop policies governing the management and
    maintenance of housing assisted with grant amounts under this
    subchapter.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 811, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2887, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2981.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 811 of Pub. L. 104-330. This section is based on
    the text of section 811 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4231                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4231. Types of investments

-STATUTE-
    (a) In general
      Subject to section 4230 of this title and an applicable housing
    plan approved under section 4223 of this title, the Director shall
    have - 
        (1) the discretion to use grant amounts for affordable housing
      activities through the use of - 
          (A) equity investments;
          (B) interest-bearing loans or advances;
          (C) noninterest-bearing loans or advances;
          (D) interest subsidies;
          (E) the leveraging of private investments; or
          (F) any other form of assistance that the Secretary
        determines to be consistent with the purposes of this
        subchapter; and

        (2) the right to establish the terms of assistance provided
      with funds referred to in paragraph (1).
    (b) Investments
      The Director may invest grant amounts for the purposes of
    carrying out affordable housing activities in investment securities
    and other obligations, as approved by the Secretary.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 812, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2982.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 812 of Pub. L. 104-330. This section is based on
    the text of section 812 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4232                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4232. Low-income requirement and income targeting

-STATUTE-
    (a) In general
      Housing shall qualify for affordable housing for purposes of this
    subchapter only if - 
        (1) each dwelling unit in the housing - 
          (A) in the case of rental housing, is made available for
        occupancy only by a family that is a low-income family at the
        time of the initial occupancy of that family of that unit; and
          (B) in the case of housing for homeownership, is made
        available for purchase only by a family that is a low-income
        family at the time of purchase; and

        (2) each dwelling unit in the housing will remain affordable,
      according to binding commitments satisfactory to the Secretary,
      for - 
          (A) the remaining useful life of the property (as determined
        by the Secretary) without regard to the term of the mortgage or
        to transfer of ownership; or
          (B) such other period as the Secretary determines is the
        longest feasible period of time consistent with sound economics
        and the purposes of this subchapter, except upon a foreclosure
        by a lender (or upon other transfer in lieu of foreclosure) if
        that action - 
            (i) recognizes any contractual or legal rights of any
          public agency, nonprofit sponsor, or other person or entity
          to take an action that would - 
              (I) avoid termination of low-income affordability, in the
            case of foreclosure; or
              (II) transfer ownership in lieu of foreclosure; and

            (ii) is not for the purpose of avoiding low-income
          affordability restrictions, as determined by the Secretary.
    (b) Exception
      Notwithstanding subsection (a) of this section, housing
    assistance pursuant to section 4228(a)(2)(B) of this title shall be
    considered affordable housing for purposes of this subchapter.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 813, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2982.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 813 of Pub. L. 104-330. This section is based on
    the text of section 813 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4233                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4233. Lease requirements and tenant selection

-STATUTE-
    (a) Leases
      Except to the extent otherwise provided by or inconsistent with
    the laws of the State of Hawaii, in renting dwelling units in
    affordable housing assisted with grant amounts provided under this
    subchapter, the Director, owner, or manager shall use leases that -
    
        (1) do not contain unreasonable terms and conditions;
        (2) require the Director, owner, or manager to maintain the
      housing in compliance with applicable housing codes and quality
      standards;
        (3) require the Director, owner, or manager to give adequate
      written notice of termination of the lease, which shall be the
      period of time required under applicable State or local law;
        (4) specify that, with respect to any notice of eviction or
      termination, notwithstanding any State or local law, a resident
      shall be informed of the opportunity, before any hearing or
      trial, to examine any relevant documents, record, or regulations
      directly related to the eviction or termination;
        (5) require that the Director, owner, or manager may not
      terminate the tenancy, during the term of the lease, except for
      serious or repeated violation of the terms and conditions of the
      lease, violation of applicable Federal, State, or local law, or
      for other good cause; and
        (6) provide that the Director, owner, or manager may terminate
      the tenancy of a resident for any activity, engaged in by the
      resident, any member of the household of the resident, or any
      guest or other person under the control of the resident, that - 
          (A) threatens the health or safety of, or right to peaceful
        enjoyment of the premises by, other residents or employees of
        the Department, owner, or manager;
          (B) threatens the health or safety of, or right to peaceful
        enjoyment of their premises by, persons residing in the
        immediate vicinity of the premises; or
          (C) is criminal activity (including drug-related criminal
        activity) on or off the premises.
    (b) Tenant or homebuyer selection
      As a condition to receiving grant amounts under this subchapter,
    the Director shall adopt and use written tenant and homebuyer
    selection policies and criteria that - 
        (1) are consistent with the purpose of providing housing for
      low-income families;
        (2) are reasonably related to program eligibility and the
      ability of the applicant to perform the obligations of the lease;
      and
        (3) provide for - 
          (A) the selection of tenants and homebuyers from a written
        waiting list in accordance with the policies and goals set
        forth in an applicable housing plan approved under section 4223
        of this title; and
          (B) the prompt notification in writing of any rejected
        applicant of the grounds for that rejection.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 814, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2889, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2983.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 814 of Pub. L. 104-330. This section is based on
    the text of section 814 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4234                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4234. Repayment

-STATUTE-
      If the Department of Hawaiian Home Lands uses grant amounts to
    provide affordable housing under activities under this subchapter
    and, at any time during the useful life of the housing, the housing
    does not comply with the requirement under section 4232(a)(2) of
    this title, the Secretary shall - 
        (1) reduce future grant payments on behalf of the Department by
      an amount equal to the grant amounts used for that housing (under
      the authority of section 4238(a)(2) of this title); or
        (2) require repayment to the Secretary of any amount equal to
      those grant amounts.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 815, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2984.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 815 of Pub. L. 104-330. This section is based on
    the text of section 815 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4235                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4235. Annual allocation

-STATUTE-
      For each fiscal year, the Secretary shall allocate any amounts
    made available for assistance under this subchapter for the fiscal
    year, in accordance with the formula established pursuant to
    section 4236 of this title to the Department of Hawaiian Home Lands
    if the Department complies with the requirements under this
    subchapter for a grant under this subchapter.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 816, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2984.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 816 of Pub. L. 104-330. This section is based on
    the text of section 816 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4236                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4236. Allocation formula

-STATUTE-
    (a) Establishment
      The Secretary shall, by regulation issued not later than the
    expiration of the 6-month period beginning on December 27, 2000, in
    the manner provided under section 4227 of this title, establish a
    formula to provide for the allocation of amounts available for a
    fiscal year for block grants under this subchapter in accordance
    with the requirements of this section.
    (b) Factors for determination of need
      The formula under subsection (a) of this section shall be based
    on factors that reflect the needs for assistance for affordable
    housing activities, including - 
        (1) the number of low-income dwelling units owned or operated
      at the time pursuant to a contract between the Director and the
      Secretary;
        (2) the extent of poverty and economic distress and the number
      of Native Hawaiian families eligible to reside on the Hawaiian
      Home Lands; and
        (3) any other objectively measurable conditions that the
      Secretary and the Director may specify.
    (c) Other factors for consideration
      In establishing the formula under subsection (a) of this section,
    the Secretary shall consider the relative administrative capacities
    of the Department of Hawaiian Home Lands and other challenges faced
    by the Department, including - 
        (1) geographic distribution within Hawaiian Home Lands; and
        (2) technical capacity.
    (d) Effective date
      This section shall take effect on December 27, 2000.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 817, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2984.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    substantially identical sections 817 of Pub. L. 104-330. This
    section is based on the text of section 817 of Pub. L. 104-330, as
    added by Pub. L. 106-569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4237                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4237. Remedies for noncompliance

-STATUTE-
    (a) Actions by Secretary affecting grant amounts
      (1) In general
        Except as provided in subsection (b) of this section, if the
      Secretary finds after reasonable notice and opportunity for a
      hearing that the Department of Hawaiian Home Lands has failed to
      comply substantially with any provision of this subchapter, the
      Secretary shall - 
          (A) terminate payments under this subchapter to the
        Department;
          (B) reduce payments under this subchapter to the Department
        by an amount equal to the amount of such payments that were not
        expended in accordance with this subchapter; or
          (C) limit the availability of payments under this subchapter
        to programs, projects, or activities not affected by such
        failure to comply.
      (2) Actions
        If the Secretary takes an action under subparagraph (A), (B),
      or (C) of paragraph (1), the Secretary shall continue that action
      until the Secretary determines that the failure by the Department
      to comply with the provision has been remedied by the Department
      and the Department is in compliance with that provision.
    (b) Noncompliance because of a technical incapacity
      The Secretary may provide technical assistance for the
    Department, either directly or indirectly, that is designed to
    increase the capability and capacity of the Director of the
    Department to administer assistance provided under this subchapter
    in compliance with the requirements under this subchapter if the
    Secretary makes a finding under subsection (a) of this section, but
    determines that the failure of the Department to comply
    substantially with the provisions of this subchapter - 
        (1) is not a pattern or practice of activities constituting
      willful noncompliance; and
        (2) is a result of the limited capability or capacity of the
      Department of Hawaiian Home Lands.
    (c) Referral for civil action
      (1) Authority
        In lieu of, or in addition to, any action that the Secretary
      may take under subsection (a) of this section, if the Secretary
      has reason to believe that the Department of Hawaiian Home Lands
      has failed to comply substantially with any provision of this
      subchapter, the Secretary may refer the matter to the Attorney
      General of the United States with a recommendation that an
      appropriate civil action be instituted.
      (2) Civil action
        Upon receiving a referral under paragraph (1), the Attorney
      General may bring a civil action in any United States district
      court of appropriate jurisdiction for such relief as may be
      appropriate, including an action - 
          (A) to recover the amount of the assistance furnished under
        this subchapter that was not expended in accordance with this
        subchapter; or
          (B) for mandatory or injunctive relief.
    (d) Review
      (1) In general
        If the Director receives notice under subsection (a) of this
      section of the termination, reduction, or limitation of payments
      under this chapter, the Director - 
          (A) may, not later than 60 days after receiving such notice,
        file with the United States Court of Appeals for the Ninth
        Circuit, or in the United States Court of Appeals for the
        District of Columbia, a petition for review of the action of
        the Secretary; and
          (B) upon the filing of any petition under subparagraph (A),
        shall forthwith transmit copies of the petition to the
        Secretary and the Attorney General of the United States, who
        shall represent the Secretary in the litigation.
      (2) Procedure
        (A) In general
          The Secretary shall file in the court a record of the
        proceeding on which the Secretary based the action, as provided
        in section 2112 of title 28.
        (B) Objections
          No objection to the action of the Secretary shall be
        considered by the court unless the Department has registered
        the objection before the Secretary.
      (3) Disposition
        (A) Court proceedings
          (i) Jurisdiction of court
            The court shall have jurisdiction to affirm or modify the
          action of the Secretary or to set the action aside in whole
          or in part.
          (ii) Findings of fact
            If supported by substantial evidence on the record
          considered as a whole, the findings of fact by the Secretary
          shall be conclusive.
          (iii) Addition
            The court may order evidence, in addition to the evidence
          submitted for review under this subsection, to be taken by
          the Secretary, and to be made part of the record.
        (B) Secretary
          (i) In general
            The Secretary, by reason of the additional evidence
          referred to in subparagraph (A) and filed with the court - 
              (I) may - 
                (aa) modify the findings of fact of the Secretary; or
                (bb) make new findings; and

              (II) shall file - 
                (aa) such modified or new findings; and
                (bb) the recommendation of the Secretary, if any, for
              the modification or setting aside of the original action
              of the Secretary.
          (ii) Findings
            The findings referred to in clause (i)(II)(bb) shall, with
          respect to a question of fact, be considered to be conclusive
          if those findings are - 
              (I) supported by substantial evidence on the record; and
              (II) considered as a whole.
      (4) Finality
        (A) In general
          Except as provided in subparagraph (B), upon the filing of
        the record under this subsection with the court - 
            (i) the jurisdiction of the court shall be exclusive; and
            (ii) the judgment of the court shall be final.
        (B) Review by Supreme Court
          A judgment under subparagraph (A) shall be subject to review
        by the Supreme Court of the United States upon writ of
        certiorari or certification, as provided in section 1254 of
        title 28.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 818, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2891, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2985.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 818 of Pub. L. 104-330. This section is based on
    the text of section 818 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4238                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4238. Monitoring of compliance

-STATUTE-
    (a) Enforceable agreements
      (1) In general
        The Director, through binding contractual agreements with
      owners or other authorized entities, shall ensure long-term
      compliance with the provisions of this subchapter.
      (2) Measures
        The measures referred to in paragraph (1) shall provide for - 
          (A) to the extent allowable by Federal and State law, the
        enforcement of the provisions of this subchapter by the
        Department and the Secretary; and
          (B) remedies for breach of the provisions referred to in
        paragraph (1).
    (b) Periodic monitoring
      (1) In general
        Not less frequently than annually, the Director shall review
      the activities conducted and housing assisted under this
      subchapter to assess compliance with the requirements of this
      subchapter.
      (2) Review
        Each review under paragraph (1) shall include onsite inspection
      of housing to determine compliance with applicable requirements.
      (3) Results
        The results of each review under paragraph (1) shall be - 
          (A) included in a performance report of the Director
        submitted to the Secretary under section 4239 of this title;
        and
          (B) made available to the public.
    (c) Performance measures
      The Secretary shall establish such performance measures as may be
    necessary to assess compliance with the requirements of this
    subchapter.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 819, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2987.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 819 of Pub. L. 104-330. This section is based on
    the text of section 819 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4239                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4239. Performance reports

-STATUTE-
    (a) Requirement
      For each fiscal year, the Director shall - 
        (1) review the progress the Department has made during that
      fiscal year in carrying out the housing plan submitted by the
      Department under section 4223 of this title; and
        (2) submit a report to the Secretary (in a form acceptable to
      the Secretary) describing the conclusions of the review.
    (b) Content
      Each report submitted under this section for a fiscal year shall -
     
        (1) describe the use of grant amounts provided to the
      Department of Hawaiian Home Lands for that fiscal year;
        (2) assess the relationship of the use referred to in paragraph
      (1) to the goals identified in the housing plan;
        (3) indicate the programmatic accomplishments of the
      Department; and
        (4) describe the manner in which the Department would change
      its housing plan submitted under section 4223 of this title as a
      result of its experiences.
    (c) Submissions
      The Secretary shall - 
        (1) establish a date for submission of each report under this
      section;
        (2) review each such report; and
        (3) with respect to each such report, make recommendations as
      the Secretary considers appropriate to carry out the purposes of
      this subchapter.
    (d) Public availability
      (1) Comments by beneficiaries
        In preparing a report under this section, the Director shall
      make the report publicly available to the beneficiaries of the
      Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.) and
      give a sufficient amount of time to permit those beneficiaries to
      comment on that report before it is submitted to the Secretary
      (in such manner and at such time as the Director may determine).
      (2) Summary of comments
        The report shall include a summary of any comments received by
      the Director from beneficiaries under paragraph (1) regarding the
      program to carry out the housing plan.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 820, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2987.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Hawaiian Homes Commission Act, 1920, referred to in subsec.
    (d)(1), is act July 9, 1921, ch. 42, 42 Stat. 108, as amended,
    which was classified generally to sections 691 to 718 of Title 48,
    Territories and Insular Possessions, and was omitted from the Code.

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 820 of Pub. L. 104-330. This section is based on
    the text of section 820 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4240                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4240. Review and audit by Secretary

-STATUTE-
    (a) Annual review
      (1) In general
        The Secretary shall, not less frequently than on an annual
      basis, make such reviews and audits as may be necessary or
      appropriate to determine whether - 
          (A) the Director has - 
            (i) carried out eligible activities under this subchapter
          in a timely manner;
            (ii) carried out and made certifications in accordance with
          the requirements and the primary objectives of this
          subchapter and with other applicable laws; and
            (iii) a continuing capacity to carry out the eligible
          activities in a timely manner;

          (B) the Director has complied with the housing plan submitted
        by the Director under section 4223 of this title; and
          (C) the performance reports of the Department under section
        4240 (!1) of this title are accurate.

      (2) Onsite visits
        Each review conducted under this section shall, to the extent
      practicable, include onsite visits by employees of the Department
      of Housing and Urban Development.
    (b) Report by Secretary
      The Secretary shall give the Department of Hawaiian Home Lands
    not less than 30 days to review and comment on a report under this
    subsection. After taking into consideration the comments of the
    Department, the Secretary may revise the report and shall make the
    comments of the Department and the report with any revisions,
    readily available to the public not later than 30 days after
    receipt of the comments of the Department.
    (c) Effect of reviews
      The Secretary may make appropriate adjustments in the amount of
    annual grants under this subchapter in accordance with the findings
    of the Secretary pursuant to reviews and audits under this section.
    The Secretary may adjust, reduce, or withdraw grant amounts, or
    take other action as appropriate in accordance with the reviews and
    audits of the Secretary under this section, except that grant
    amounts already expended on affordable housing activities may not
    be recaptured or deducted from future assistance provided to the
    Department of Hawaiian Home Lands.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 821, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2894, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2988.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 821 of Pub. L. 104-330. This section is based on
    the text of section 821 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-FOOTNOTE-
    (!1) So in original. Probably should be section "4239".


-End-



-CITE-
    25 USC Sec. 4241                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4241. Government Accountability Office audits

-STATUTE-
      To the extent that the financial transactions of the Department
    of Hawaiian Home Lands involving grant amounts under this
    subchapter relate to amounts provided under this subchapter, those
    transactions may be audited by the Comptroller General of the
    United States under such regulations as may be prescribed by the
    Comptroller General. The Comptroller General of the United States
    shall have access to all books, accounts, records, reports, files,
    and other papers, things, or property belonging to or in use by the
    Department of Hawaiian Home Lands pertaining to such financial
    transactions and necessary to facilitate the audit.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 822, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2989; amended
    Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 822 of Pub. L. 104-330. This section is based on
    the text of section 822 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office" in section catchline.

-End-



-CITE-
    25 USC Sec. 4242                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4242. Reports to Congress

-STATUTE-
    (a) In general
      Not later than 90 days after the conclusion of each fiscal year
    in which assistance under this subchapter is made available, the
    Secretary shall submit to Congress a report that contains - 
        (1) a description of the progress made in accomplishing the
      objectives of this subchapter;
        (2) a summary of the use of funds available under this
      subchapter during the preceding fiscal year; and
        (3) a description of the aggregate outstanding loan guarantees
      under section 1715z-13b of title 12.
    (b) Related reports
      The Secretary may require the Director to submit to the Secretary
    such reports and other information as may be necessary in order for
    the Secretary to prepare the report required under subsection (a)
    of this section.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 823, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2989.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    identical sections 823 of Pub. L. 104-330. This section is based on
    the text of section 823 of Pub. L. 104-330, as added by Pub. L. 106-
    569, Sec. 513.

-End-



-CITE-
    25 USC Sec. 4243                                            01/03/2007

-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND
                  SELF-DETERMINATION              
    SUBCHAPTER VIII - HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

-HEAD-
    Sec. 4243. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Department of
    Housing and Urban Development for grants under this subchapter such
    sums as may be necessary for each of fiscal years 2001, 2002, 2003,
    2004, and 2005.

-SOURCE-
    (Pub. L. 104-330, title VIII, Sec. 824, as added Pub. L. 106-568,
    title II, Sec. 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106-
    569, title V, Sec. 513, Dec. 27, 2000, 114 Stat. 2989.)

-COD-
                               CODIFICATION                           
      Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
    substantially identical sections 824 of Pub. L. 104-330. This
    section is based on the text of section 824 of Pub. L. 104-330, as
    added by Pub. L. 106-569, Sec. 513. Section 824 of Pub. L. 104-330,
    as added by Pub. L. 106-568, Sec. 203, authorized appropriations
    for fiscal years 2000 to 2004, instead of fiscal years 2001 to
    2005.

-End-