dreamproit/uscode huggingface dataset:
25 U.S.C. § 4139 (INDIANS)
§ 4139. Noncompliance with affordable housing requirement
If a recipient uses grant amounts to provide affordable housing under this subchapter, and at any time during the useful life of the housing the recipient does not comply with the requirement under section 4135(a)(2) of this title, the Secretary shall take appropriate action under section 4161(a) of this title.
(Pub. L. 104–330, title II, § 209, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(c), Oct. 21, 1998, 112 Stat. 2656; Pub. L. 106–568, title X, § 1003(f)(1), Dec. 27, 2000, 114 Stat. 2927; Pub. L. 106–569, title V, § 503(e)(1), Dec. 27, 2000, 114 Stat. 2962.)
heading: Amendments
text: 2000—Pub. L. 106–568 and Pub. L. 106–569 generally amended section catchline and text identically. Prior to amendment, text read as follows: “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) 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.”
1998—Pub. L. 105–276 made technical amendment to reference in original act which appears in text as reference to section 4135(a)(2) of this title.
heading: Effective Date
text: 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.
25 U.S.C. § 4140 (INDIANS)
§ 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.)
heading: References in Text
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.
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.
heading: Effective Date
text: 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.
25 U.S.C. § 4145 (INDIANS)
§ 4145. Purpose
The purpose of this part is to establish a program for self-determined housing activities for the tribal communities to provide Indian tribes with the flexibility to use a portion of the grant amounts under section 4111 of this title for the Indian tribe in manners that are wholly self-determined by the Indian tribe for housing activities involving construction, acquisition, rehabilitation, or infrastructure relating to housing activities or housing that will benefit the community served by the Indian tribe.
(Pub. L. 104–330, title II, § 231, as added Pub. L. 110–411, title II, § 206(a)(2), Oct. 14, 2008, 122 Stat. 4326.)
25 U.S.C. § 4145a (INDIANS)
§ 4145a. Program authority
(a) Definition of qualifying Indian tribe
In this section, the term “qualifying Indian tribe” means, with respect to a fiscal year, an Indian tribe or tribally designated housing entity—
(1) to or on behalf of which a grant is made under section 4111 of this title;
(2) that has complied with the requirements of section 4112(b)(6) 1 of this title; and
(3) that, during the preceding 3-fiscal-year period, has no unresolved significant and material audit findings or exceptions, as demonstrated in—
(A) the annual audits of that period completed under chapter 75 of title 31 (commonly known as the “Single Audit Act”); or
(B) an independent financial audit prepared in accordance with generally accepted auditing principles.
(b) Authority
Under the program under this part, for each of fiscal years 2009 through 2013, the recipient for each qualifying Indian tribe may use the amounts specified in subsection (c) in accordance with this part.
(c) Amounts
With respect to a fiscal year and a recipient, the amounts referred to in subsection (b) are amounts from any grant provided under section 4111 of this title to the recipient for the fiscal year, as determined by the recipient, but in no case exceeding the lesser of—
(1) an amount equal to 20 percent of the total grant amount for the recipient for that fiscal year; and
(2) $2,000,000.
(Pub. L. 104–330, title II, § 232, as added Pub. L. 110–411, title II, § 206(a)(2), Oct. 14, 2008, 122 Stat. 4326.)
25 U.S.C. § 4145b (INDIANS)
§ 4145b. Use of amounts for housing activities
(a) Eligible housing activities
Any amounts made available for use under this part by a recipient for an Indian tribe shall be used only for housing activities, as selected at the discretion of the recipient and described in the Indian housing plan for the Indian tribe pursuant to section 4112(b)(6) 1 of this title, for the construction, acquisition, or rehabilitation of housing or infrastructure in accordance with section 4132 of this title to provide a benefit to families described in section 4131(b)(1) of this title.
(b) Prohibition on certain activities
Amounts made available for use under this part may not be used for commercial or economic development.
(Pub. L. 104–330, title II, § 233, as added Pub. L. 110–411, title II, § 206(a)(2), Oct. 14, 2008, 122 Stat. 4327.)
25 U.S.C. § 4145d (INDIANS)
§ 4145d. Review and report
(a) Review
During calendar year 2011, the Secretary shall conduct a review of the results achieved by the program under this part to determine—
(1) the housing constructed, acquired, or rehabilitated under the program;
(2) the effects of the housing described in paragraph (1) on costs to low-income families of affordable housing;
(3) the effectiveness of each recipient in achieving the results intended to be achieved, as described in the Indian housing plan for the Indian tribe; and
(4) the need for, and effectiveness of, extending the duration of the program and increasing the amount of grants under section 4111 of this title that may be used under the program.
(b) Report
Not later than December 31, 2011, the Secretary shall submit to Congress a report describing the information obtained pursuant to the review under subsection (a) (including any conclusions and recommendations of the Secretary with respect to the program under this part), including—
(1) recommendations regarding extension of the program for subsequent fiscal years and increasing the amounts under section 4145a(c) of this title that may be used under the program; and
(2) recommendations for—
(A)
(i) specific Indian tribes or recipients that should be prohibited from participating in the program for failure to achieve results; and
(ii) the period for which such a prohibition should remain in effect; or
(B) standards and procedures by which Indian tribes or recipients may be prohibited from participating in the program for failure to achieve results.
(c) Provision of information to Secretary
Notwithstanding any other provision of this chapter, recipients participating in the program under this part shall provide such information to the Secretary as the Secretary may request, in sufficient detail and in a timely manner sufficient to ensure that the review and report required by this section is accomplished in a timely manner.
(Pub. L. 104–330, title II, § 235, as added Pub. L. 110–411, title II, § 206(a)(2), Oct. 14, 2008, 122 Stat. 4328.)
heading: References in Text
text: This chapter, referred to in subsec. (c), 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.
25 U.S.C. § 4151 (INDIANS)
§ 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 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.)
heading: References in Text
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.
heading: Effective Date
text: 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.
25 U.S.C. § 4162 (INDIANS)
§ 4162. Replacement of recipient
(a) Authority
As a condition of the Secretary making a grant under this chapter on behalf of an Indian tribe, the tribe shall agree that, notwithstanding any other provision of law, the Secretary may, only in the circumstances set forth in subsection (b) of this section, require that a replacement tribally designated housing entity serve as the recipient for the tribe, in accordance with subsection (c) of this section.
(b) Conditions of removal
The Secretary may require such replacement tribally designated housing entity for a tribe only upon a determination by the Secretary on the record after opportunity for a hearing that the recipient for the tribe has engaged in a pattern or practice of activities that constitutes substantial or willful noncompliance with the requirements under this chapter.
(c) Choice and term of replacement
If the Secretary requires that a replacement tribally designated housing entity serve as the recipient for a tribe (or tribes)—
(1) the replacement entity shall be an entity mutually agreed upon by the Secretary and the tribe (or tribes) for which the recipient was authorized to act, except that if no such entity is agreed upon before the expiration of the 60-day period beginning upon the date that the Secretary makes the determination under subsection (b) of this section, the Secretary shall act as the replacement entity until agreement is reached upon a replacement entity; and
(2) the replacement entity (or the Secretary, as provided in paragraph (1)) shall act as the tribally designated housing entity for the tribe (or tribes) for a period that expires upon—
(A) a date certain, which shall be specified by the Secretary upon making the determination under subsection (b) of this section; or
(B) the occurrence of specific conditions, which conditions shall be specified in written notice provided by the Secretary to the tribe upon making the determination under subsection (b) of this section.
(Pub. L. 104–330, title IV, § 402, Oct. 26, 1996, 110 Stat. 4039.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (b), 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.
heading: Effective Date
text: 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.
25 U.S.C. § 4163 (INDIANS)
§ 4163. Monitoring of compliance
(a) Enforceable agreements
Each recipient, through binding contractual agreements with owners and otherwise, shall ensure long-term compliance with the provisions of this chapter. Such measures shall provide for (1) enforcement of the provisions of this chapter by the grant beneficiary or by recipients and other intended beneficiaries, and (2) remedies for the breach of such provisions.
(b) Periodic monitoring
Not less frequently than annually, each recipient shall review the activities conducted and housing assisted under this chapter to assess compliance with the requirements of this chapter. Such review shall include an appropriate level of onsite inspection of housing to determine compliance with applicable requirements. The results of each review shall be included in the performance report of the recipient submitted to the Secretary under section 4164 of this title and made available to the public.
(c) Performance measures
The Secretary shall establish such performance measures as may be necessary to assess compliance with the requirements of this chapter.
(Pub. L. 104–330, title IV, § 403, Oct. 26, 1996, 110 Stat. 4039; Pub. L. 110–411, title IV, § 402, Oct. 14, 2008, 122 Stat. 4330.)
heading: References in Text
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.
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–411 inserted “an appropriate level of” after “shall include”.
heading: Effective Date
text: 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.
25 U.S.C. § 4164 (INDIANS)
§ 4164. Performance reports
(a) Requirement
For each fiscal year, each recipient shall—
(1) review the progress it has made during such fiscal year in carrying out the Indian housing plan (or plans) for the Indian tribes for which it administers grant amounts; and
(2) submit a report to the Secretary (in a form acceptable to the Secretary) describing the conclusions of the review.
(b) Content
Each report under this section for a fiscal year shall—
(1) describe the use of grant amounts provided to the recipient for such fiscal year;
(2) assess the relationship of such use to the planned activities identified in the Indian housing plan of the grant beneficiary; and
(3) indicate the programmatic accomplishments of the recipient.
(c) Submission
The Secretary shall establish dates for submission of reports under this section, and review such reports and make such recommendations as the Secretary considers appropriate to carry out the purposes of this chapter.
(d) Public availability
A recipient preparing a report under this section shall make the report publicly available to the citizens in the jurisdiction of the recipient in sufficient time to permit such citizens to comment on such report prior to its submission to the Secretary, and in such manner and at such times as the recipient may determine. The report shall include a summary of any comments received by the grant beneficiary or recipient from citizens in its jurisdiction regarding its program.
(Pub. L. 104–330, title IV, § 404, Oct. 26, 1996, 110 Stat. 4040; Pub. L. 110–411, title IV, § 403, Oct. 14, 2008, 122 Stat. 4330.)
heading: References in Text
text: This chapter, referred to in subsec. (c), 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.
heading: Amendments
text: 2008—Subsec. (b)(2). Pub. L. 110–411, § 403(1), substituted “planned activities” for “goals” and inserted “and” after semicolon at end.
Subsec. (b)(3), (4). Pub. L. 110–411, § 403(2), (3), substituted period for “; and” at end of par. (3) and struck out par. (4) which read as follows: “describe the manner in which the recipient would change its programs as a result of its experiences.”
heading: Effective Date
text: 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.
25 U.S.C. § 4166 (INDIANS)
§ 4166. GAO audits
To the extent that the financial transactions of Indian tribes and recipients of grant amounts under this chapter relate to amounts provided under this chapter, such transactions may be audited by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller General. The representatives of the Government Accountability Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such tribes and recipients pertaining to such financial transactions and necessary to facilitate the audit.
(Pub. L. 104–330, title IV, § 406, Oct. 26, 1996, 110 Stat. 4041; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: References in Text
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.
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
heading: Effective Date
text: 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.
25 U.S.C. § 4167 (INDIANS)
§ 4167. Reports to Congress
(a) In general
Not later than 90 days after the conclusion of each fiscal year in which assistance under this chapter is made available, the Secretary shall submit to the Congress a report that contains—
(1) a description of the progress made in accomplishing the objectives of this chapter;
(2) a summary of the use of funds available under this chapter during the preceding fiscal year; and
(3) a description of the aggregate outstanding loan guarantees under subchapter VI of this chapter.
(b) Related reports
The Secretary may require recipients of grant amounts under this chapter to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to make the report required by subsection (a) of this section.
(Pub. L. 104–330, title IV, § 407, Oct. 26, 1996, 110 Stat. 4041.)
heading: References in Text
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.
heading: Effective Date
text: 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.
25 U.S.C. § 4168 (INDIANS)
§ 4168. Public availability of information
Each recipient shall make any housing plan, policy, or annual report prepared by the recipient available to the general public.
(Pub. L. 104–330, title IV, § 408, as added Pub. L. 105–276, title V, § 595(e)(14)(A), Oct. 21, 1998, 112 Stat. 2658.)
25 U.S.C. § 4181 (INDIANS)
§ 4181. Termination of Indian housing assistance under United States Housing Act of 1937
(a) Termination of assistance
After September 30, 1997, financial assistance may not be provided under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] or pursuant to any commitment entered into under such Act, for Indian housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority, unless such assistance is provided from amounts made available for fiscal year 1997 and pursuant to a commitment entered into before September 30, 1997. Any housing that is the subject of a contract for tenant-based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year thereafter, be considered to be a dwelling unit under section 4152(b)(1) of this title.
(b) Termination of restrictions on use of Indian housing
After September 30, 1997, any 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 not be subject to any provision of such Act or any annual contributions contract or other agreement pursuant to such Act, but shall be considered and maintained as affordable housing for purposes of this chapter.
(Pub. L. 104–330, title V, § 502, Oct. 26, 1996, 110 Stat. 4043; Pub. L. 106–568, title X, § 1003(k)(3), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(j)(3), Dec. 27, 2000, 114 Stat. 2966.)
heading: References in Text
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.
This chapter, referred to in subsec. (b), 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.
heading: Amendments
text: 2000—Subsec. (a). Pub. L. 106–568 and Pub. L. 106–569 amended subsec. (a) identically, inserting at end “Any housing that is the subject of a contract for tenant-based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year thereafter, be considered to be a dwelling unit under section 4152(b)(1) of this title.”
heading: Effective Date
text: Pub. L. 104–330, title V, § 508, Oct. 26, 1996, 110 Stat. 4045, provided that: “Sections 502, 503, and 507 [25 U.S.C. 4181, 4182, 4183] shall take effect on the date of the enactment of this Act [Oct. 26, 1996].”