§ 4138 TITLE 25—INDIANS Page 720

1See References in Text note below.

(A) the selection of tenants 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 of

any rejected applicant of the grounds for any

rejection.

(Pub. L. 104–330, title II, §207, Oct. 26, 1996, 110

Stat. 4034.)

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.

§ 4138. Availability of records

(a) Provision of information

Notwithstanding any other provision of law,

except as provided in paragraph (2), 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 paragraph (1) 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.

(Pub. L. 104–330, title II, §208, Oct. 26, 1996, 110

Stat. 4035.)

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.

§ 4139. Repayment

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) 1 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.

(Pub. L. 104–330, title II, §209, Oct. 26, 1996, 110

Stat. 4035.)

REFERENCES IN TEXT

Section 4135(a)(2) of this title, referred to in text, was

in the original ‘‘section 205(2)’’, meaning section 205(2)

of Pub. L. 104–330, and was translated as reading section

205(a)(2) of Pub. L. 104–330, to reflect the probable intent of Congress.

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.

§ 4140. Continued use of amounts for affordable

housing

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.

(Pub. L. 104–330, title II, §210, Oct. 26, 1996, 110

Stat. 4036.)

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

which is classified generally to chapter 8 (§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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

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

SUBCHAPTER III—ALLOCATION OF GRANT

AMOUNTS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4191 of this

title.

§ 4151. Annual allocation

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
Page 721 TITLE 25—INDIANS § 4152

section 4152 of this title, among Indian tribes

that comply with the requirements under this

chapter for a grant under this chapter.

(Pub. L. 104–330, title III, §301, Oct. 26, 1996, 110

Stat. 4036.)

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, 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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 4152. Allocation formula

(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

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.

(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.

(Pub. L. 104–330, title III, §302, Oct. 26, 1996, 110

Stat. 4036.)

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, §201(a), Aug. 22, 1974, 88

Stat. 653, which is classified generally to chapter 8

(§1437 et seq.) of Title 42. For complete classification of

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

section 1437 of Title 42 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

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

title.