Page 711 TITLE 25—INDIANS § 4111

means the Indian Self-Determination and Education

Assistance Act which is Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2203, as amended, and is classified principally to

subchapter II (§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 107, referred to in

par. (12)(C)(i)(II), as Oct. 1, 1997, 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

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,

§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 title 42 section 11905.

SUBCHAPTER I—BLOCK GRANTS AND

GRANT REQUIREMENTS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4192 of this

title.

§ 4111. Block grants

(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, 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.

(c) Local cooperation agreement

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.

(d) Exemption from taxation

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

(2) the recipient 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 expenses

The Secretary shall, by regulation, authorize

each recipient to use a percentage of any grant
§ 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);