§ 4112 TITLE 25—INDIANS Page 712

amounts received under this chapter 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.

(Pub. L. 104–330, title I, §101, Oct. 26, 1996, 110

Stat. 4022.)

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.

§ 4112. Indian housing plans

(a) Plan submission

The Secretary shall provide—

(1) for an Indian tribe to submit to the Secretary, for each fiscal year, a housing plan

under this section for the tribe;

(2) 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

(3) 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 lowincome 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);
Page 713 TITLE 25—INDIANS § 4112

(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.

(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) Plans for small tribes

(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 [42 U.S.C. 1437 et seq.] between the

Secretary and the Indian housing authority

for the tribe.

(g) Regulations

The requirements relating to the contents of

plans under this section shall be established by

regulation, pursuant to section 4116 of this title.

(Pub. L. 104–330, title I, §102, Oct. 26, 1996, 110

Stat. 4023.)

REFERENCES IN TEXT

The United States Housing Act of 1937, referred to in

subsecs. (c)(4)(D) and (f)(2), is act Sept. 1, 1937, ch. 896,
§ 4113 TITLE 25—INDIANS Page 714

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 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 (§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.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4103, 4111, 4113

of this title; title 12 section 1715z–13a.

§ 4113. Review of plans

(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 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.

(Pub. L. 104–330, title I, §103, Oct. 26, 1996, 110

Stat. 4026.)

SECTION REFERRED TO IN OTHER SECTIONS

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

title 12 section 1715z–13a.

§ 4114. Treatment of program income and labor

standards

(a) Program income

(1) Authority to retain

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 the program income for affordable

housing activities in accordance with the

provisions of this chapter.

(2) Prohibition of reduction of grant

The Secretary may not 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; or

(C) whether the recipient retains reserve

amounts described in section 4140 of this

title.

(3) Exclusion of amounts

The Secretary may, by regulation, exclude

from consideration as program income any