Page 717 TITLE 25—INDIANS § 4132

(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 paragraph (2), 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) 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.

(5) 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 Indian tribes under

this subsection.

(Pub. L. 104–330, title II, §201, Oct. 26, 1996, 110

Stat. 4031.)

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.

The Civil Rights Act of 1964, referred to in subsec.

(b)(5), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as

amended. Title VI of the Act is classified generally to

subchapter V (§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)(5), 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

(§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.

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 4135 of this title.

§ 4132. Eligible affordable housing activities

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, and other related activities.

(3) Housing services

The provision of housing-related services for

affordable housing, such as housing counseling
§ 4133 TITLE 25—INDIANS Page 718

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.

(Pub. L. 104–330, title II, §202, Oct. 26, 1996, 110

Stat. 4032.)

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 sections 4131, 4133, 4191

of this title.

§ 4133. Program requirements

(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.

(Pub. L. 104–330, title II, §203, Oct. 26, 1996, 110

Stat. 4032.)

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, §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.

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 sections 4134, 4192 of this

title.

§ 4134. Types of investments

(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.

(Pub. L. 104–330, title II, §204, Oct. 26, 1996, 110

Stat. 4033.)

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.