Page 707 TITLE 25—INDIANS § 4101

Sec.

(c) 1-year plan.

(d) Participation of tribally designated

housing entity.

(e) Coordination of plans.

(f) Plans for small tribes.

(g) Regulations.

4113. Review of plans.

(a) Review and notice.

(b) Notice of reasons for determination of

noncompliance.

(c) Review.

(d) Updates to plan.

(e) Effective date.

4114. Treatment of program income and labor

standards.

(a) Program income.

(b) Labor standards.

4115. Environmental review.

(a) In general.

(b) Procedure.

(c) Certification.

4116. Regulations.

(a) Transition requirements.

(b) Final regulations.

(c) Effective date.

4117. Authorization of appropriations.

SUBCHAPTER II—AFFORDABLE HOUSING

ACTIVITIES

4131. National objectives and eligible families.

(a) Primary objective.

(b) Eligible families.

4132. Eligible affordable housing activities.

4133. Program requirements.

(a) Rents.

(b) Maintenance and efficient operation.

(c) Insurance coverage.

(d) Eligibility for admission.

(e) Management and maintenance.

4134. Types of investments.

(a) In general.

(b) Investments.

4135. Low-income requirement and income targeting.

(a) In general.

(b) Exception.

4136. Certification of compliance with subsidy

layering requirements.

4137. Lease requirements and tenant selection.

(a) Leases.

(b) Tenant selection.

4138. Availability of records.

(a) Provision of information.

(b) Exception.

(c) Confidentiality.

4139. Repayment.

4140. Continued use of amounts for affordable housing.

SUBCHAPTER III—ALLOCATION OF GRANT

AMOUNTS

4151. Annual allocation.

4152. Allocation formula.

(a) Establishment.

(b) Factors for determination of need.

(c) Other factors for consideration.

(d) Funding for public housing operation

and modernization.

(e) Effective date.

SUBCHAPTER IV—COMPLIANCE, AUDITS, AND

REPORTS

4161. Remedies for noncompliance.

(a) Actions by Secretary affecting grant

amounts.

(b) Noncompliance because of technical

incapacity.

(c) Referral for civil action.

(d) Review.

Sec.

4162. Replacement of recipient.

(a) Authority.

(b) Conditions of removal.

(c) Choice and term of replacement.

4163. Monitoring of compliance.

(a) Enforceable agreements.

(b) Periodic monitoring.

(c) Performance measures.

4164. Performance reports.

(a) Requirement.

(b) Content.

(c) Submission.

(d) Public availability.

4165. Review and audit by Secretary.

(a) Annual review.

(b) Report by Secretary.

(c) Effect of reviews.

4166. GAO audits.

4167. Reports to Congress.

(a) In general.

(b) Related reports.

SUBCHAPTER V—TERMINATION OF ASSISTANCE

FOR INDIAN TRIBES UNDER INCORPORATED

PROGRAMS

4181. Termination of Indian housing assistance

under United States Housing Act of 1937.

(a) Termination of assistance.

(b) Termination of restrictions on use of

Indian housing.

4182. Termination of new commitments for rental

assistance.

4183. Savings provision.

(a) Existing rights and duties.

(b) Obligations under repealed provisions.

SUBCHAPTER VI—FEDERAL GUARANTEES FOR

FINANCING FOR TRIBAL HOUSING ACTIVITIES

4191. Authority and requirements.

(a) Authority.

(b) Lack of financing elsewhere.

(c) Terms of loans.

(d) Limitation on outstanding guarantees.

4192. Security and repayment.

(a) Requirements on issuer.

(b) Repayment from grant amounts.

(c) Full faith and credit.

4193. Payment of interest.

4194. Training and information.

4195. Limitations on amount of guarantees.

(a) Aggregate fiscal year limitation.

(b) Authorization of appropriations for

credit subsidy.

(c) Aggregate outstanding limitation.

(d) Fiscal year limitations on tribes.

SUBCHAPTER VII—OTHER HOUSING ASSISTANCE

FOR NATIVE AMERICANS

4211. 50-year leasehold interest in trust or restricted lands for housing purposes.

(a) Authority to lease.

(b) Term.

(c) Rule of construction.

(d) Self-implementation.

4212. Training and technical assistance.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 12 section

1715z–13a; title 42 section 11905.

§ 4101. Congressional findings

The Congress finds that—

(1) the Federal Government has a responsibility to promote the general welfare of the

Nation—

(A) by using Federal resources to aid families and individuals seeking affordable
§ 4102 TITLE 25—INDIANS Page 708

homes in safe and healthy environments

and, in particular, assisting responsible, deserving citizens who cannot provide fully for

themselves because of temporary circumstances or factors beyond their control;

(B) by working to ensure a thriving national economy and a strong private housing

market; and

(C) by developing effective partnerships

among the Federal Government, State, tribal, and local governments, and private entities that allow government to accept responsibility for fostering the development of a

healthy marketplace and allow families to

prosper without government involvement in

their day-to-day activities;

(2) there exists a unique relationship between the Government of the United States

and the governments of Indian tribes and a

unique Federal responsibility to Indian people;

(3) the Constitution of the United States invests the Congress with plenary power over

the field of Indian affairs, and through treaties, statutes, and historical relations with Indian tribes, the United States has undertaken

a unique trust responsibility to protect and

support Indian tribes and Indian people;

(4) the Congress, through treaties, statutes,

and the general course of dealing with Indian

tribes, has assumed a trust responsibility for

the protection and preservation of Indian

tribes and for working with tribes and their

members to improve their housing conditions

and socioeconomic status so that they are able

to take greater responsibility for their own

economic condition;

(5) providing affordable homes in safe and

healthy environments is an essential element

in the special role of the United States in

helping tribes and their members to improve

their housing conditions and socioeconomic

status;

(6) the need for affordable homes in safe and

healthy environments on Indian reservations,

in Indian communities, and in Native Alaskan

villages is acute and the Federal Government

should work not only to provide housing assistance, but also, to the extent practicable, to

assist in the development of private housing

finance mechanisms on Indian lands to

achieve the goals of economic self-sufficiency

and self-determination for tribes and their

members; and

(7) Federal assistance to meet these responsibilities should be provided in a manner that

recognizes the right of Indian self-determination and tribal self-governance by making

such assistance available directly to the Indian tribes or tribally designated entities

under authorities similar to those accorded Indian tribes in Public Law 93–638 (25 U.S.C. 450

et seq.).

(Pub. L. 104–330, §2, Oct. 26, 1996, 110 Stat. 4017.)

REFERENCES IN TEXT

Public Law 93–638, referred to in par. (7), is Pub. L.

93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as

the Indian Self-Determination and Education Assistance Act, which 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.

EFFECTIVE DATE

Section 107 of Pub. L. 104–330 provided that: ‘‘Except

as otherwise expressly provided in this Act [see Short

Title note below], this Act and the amendments made

by this Act shall take effect on October 1, 1997.’’

SHORT TITLE

Section 1(a) of Pub. L. 104–330 provided that: ‘‘This

Act [enacting this chapter and section 12899h–1 of Title

42, The Public Health and Welfare, amending sections

1715z–13a and 1721 of Title 12, Banks and Banking, and

sections 1437a, 1437c to 1437e, 1437g, 1437l, 1437n, 1437u to

1437x, 1437aaa–5, 1437aaa–6, 1439, 11371 to 11376, 11382,

11401, 11403g, 11408, 11902 to 11905, 12747, and 12838 of

Title 42, repealing sections 1437aa to 1437ee of Title 42,

enacting provisions set out as notes under this section

and sections 4181 and 4211 of this title and sections

11371, 12747, and 12899h–1 of Title 42, amending provisions set out as a note under section 11301 of Title 42,

and repealing provisions set out as a note under section

1701z–6 of Title 12] may be cited as the ‘Native American Housing Assistance and Self-Determination Act of

1996’.’’

§ 4102. Administration through Office of Native

American Programs

The Secretary of Housing and Urban Development shall carry out this chapter through the

Office of Native American Programs of the Department of Housing and Urban Development.

(Pub. L. 104–330, §3, Oct. 26, 1996, 110 Stat. 4018.)

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.

§ 4103. Definitions

For purposes of this chapter, the following

definitions shall apply:

(1) Adjusted income

The term ‘‘adjusted income’’ means the annual income that remains after excluding the

following amounts:

(A) Youths, students, and persons with disabilities

$480 for each member of the family residing in the household (other than the head of

the household or the spouse of the head of

the household)—

(i) who is under 18 years of age; or

(ii) who is—

(I) 18 years of age or older; and

(II) a person with disabilities or a fulltime student.

(B) Elderly and disabled families

$400 for an elderly or disabled family.

(C) Medical and attendant expenses

The amount by which 3 percent of the annual income of the family is exceeded by the

aggregate of—