Cal. HSC § 50651 — California Code / Code hsc / Division 31 / Part 2 / Chapter 6.4 / Section 50651
Section 50651
Status: in_force

For purposes of this chapter, all of the following definitions apply:

(a) “Department” means the Department of Housing and Community Development.

(b) “Eligible applicant” means all of, or a combination of, the following:

(1) The duly constituted governing body of a California-based federally recognized Indian reservation or rancheria.

(2) A tribally designated housing entity delegated by a California-based federally recognized Indian reservation or rancheria to perform housing and housing-related activities on behalf of one or more Indian tribes.

(3) A consortium of one or more of the following:

(A) California-based federally recognized Indian reservations or rancherias.

(B) Tribally designated housing entities.

(4) An eligible development partnership between the duly constituted governing body of a California-based federally recognized Indian reservation or rancheria or tribally designated housing entity with a nonnative nonprofit housing sponsor.

(c) “Eligible development partnership” means the partnership of a duly constituted governing body of a California-based federally recognized Indian reservation or rancheria or tribally designated housing entity with a nonnative nonprofit housing sponsor, evinced by a development agreement, joint venture agreement, or other type of agreement with equitable and fair terms to the tribal entity. The agreement must specify the development, ownership, and management responsibilities between the parties and the tribal entity shall receive no less than 50 percent of the developer fee, including upfront developer fee and deferred developer fee, and hold a controlling or at least equivalent interest in the ownership entity or if the owner is a low-income housing tax credit limited partnership for the purposes of syndicating tax credits, have a first option to acquire the property at the end of the tax credit compliance period.

(d) “Essential families” means families or individuals whose presence is determined to be essential to the well-being of the reservation or rancheria, as defined in Section 201(b)(3) of NAHASDA.

(e) “Federally recognized tribe” means any Indian tribe, band, nation, or other organized group or community of Indians 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 (Public Law 93-638).

(f) “Housing” means home ownership housing and rental housing that may be single-family units, attached units such as duplexes and triplexes, multifamily housing projects, permanent supportive housing for the homeless, single room occupancy units, mobile or manufactured homes, group homes for persons with special needs such as the elderly and disabled, congregate housing, transitional housing, halfway housing, domestic violence shelters, and homeless emergency shelters.

(g) “Indian” means any person who is a member of an Indian tribe.

(h) “Indian area” means the area within which an Indian tribe operates affordable housing programs or the area in which a tribally designated housing entity, as authorized by one or more Indian tribes, operates affordable housing programs. Whenever the term is used in this chapter, it shall mean the Indian area of a California-based Indian reservation or rancheria.

(i) “Indian tribe” means a tribe that is a federally recognized tribe.

(j) “NAHASDA” means the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. Sec. 4101 et seq.).

(k) “Nonprofit housing sponsor” means a nonprofit corporation incorporated pursuant to Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code.

(l) “Median income for the area” means for purposes of this chapter, the greater of the following:

(1) The median income of the county or counties in which the Indian area is located.

(2) The median income for the United States.

(m) “Rancheria” means a small tract of California Indian land under federal trust.

(n) “Tribally designated housing entity” means an entity as that term is defined in Section 50104.6.5.

(o) “Tribal housing grant program trust fund advisory committee” means a state advisory body established pursuant to Section 15990 of the Government Code to represent tribal interests in state housing programs, including providing guidance to the department on proposed guidelines and making recommendations. Committee composition shall consist of at least 51 percent tribal housing staff, tribal leaders, and a tribal attorney and shall include diverse representation from tribes in terms of geographic location, size of tribe, and revenue from sources other than NAHASDA.