dreamproit/uscode huggingface dataset:
25 U.S.C. § 4182 (INDIANS)
§ 4182. Termination of new commitments for rental assistance
After September 30, 1997, financial assistance for rental housing assistance under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] may not be provided to any Indian housing authority or tribally designated housing entity, unless such assistance is provided pursuant to a contract for such assistance entered into by the Secretary and the Indian housing authority before such date. Any such assistance provided pursuant to such a contract shall be governed by the provisions of the United States Housing Act of 1937 (as in effect before the date of the effectiveness of this chapter) and the provisions of such contract.
(Pub. L. 104–330, title V, § 503, Oct. 26, 1996, 110 Stat. 4043.)
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.
For the date of the effectiveness of this chapter, referred to in text, as 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.
heading: Effective Date
text: Section effective Oct. 26, 1996, see section 508 of Pub. L. 104–330, set out as a note under section 4181 of this title.
25 U.S.C. § 4184 (INDIANS)
§ 4184. Effect on HOME Investment Partnerships Act
Nothing in this chapter or an amendment made by this chapter prohibits or prevents any participating jurisdiction (within the meaning of the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.)) from providing any amounts made available to the participating jurisdiction under that Act (42 U.S.C. 12721 et seq.) to an Indian tribe or a tribally designated housing entity for use in accordance with that Act (42 U.S.C. 12721 et seq.).
(Pub. L. 104–330, title V, § 509, as added Pub. L. 110–411, title V, § 501(a), Oct. 14, 2008, 122 Stat. 4331.)
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.
The HOME Investment Partnerships Act, referred to in text, is title II of Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4094, which enacted subchapter II of chapter 130 of Title 42, The Public Health and Welfare, amended section 1437f of Title 42, and repealed section 1706e of Title 12, Banks and Banking, sections 1437o and 1452b of Title 42, and provisions set out as a note under section 1715l of Title 12. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of Title 42 and Tables.
25 U.S.C. § 4192 (INDIANS)
§ 4192. Security and repayment
(a) Requirements on issuer
To assure the repayment of notes or other obligations and charges incurred under this subchapter and as a condition for receiving such guarantees, the Secretary shall require the Indian tribe or housing entity issuing such notes or obligations to—
(1) enter into a contract, in a form acceptable to the Secretary, for repayment of notes or other obligations guaranteed under this subchapter;
(2) pledge any grant for which the issuer may become eligible under this chapter;
(3) demonstrate that the extent of such issuance and guarantee under this subchapter is within the financial capacity of the tribe and is not likely to impair the ability to use grant amounts under subchapter I of this chapter, taking into consideration the requirements under section 4133(b) of this title; and
(4) furnish, at the discretion of the Secretary, such other security as may be deemed appropriate by the Secretary in making such guarantees, including increments in local tax receipts generated by the activities assisted under this chapter or disposition proceeds from the sale of land or rehabilitated property.
(b) Repayment from grant amounts
Notwithstanding any other provision of this chapter—
(1) the Secretary may apply grants pledged pursuant to subsection (a)(2) of this section to any repayments due the United States as a result of such guarantees; and
(2) grants allocated under this chapter for an Indian tribe or housing entity (including program income derived therefrom) may be used to pay principal and interest due (including such servicing, underwriting, and other costs as may be specified in regulations issued by the Secretary) on notes or other obligations guaranteed pursuant to this subchapter.
(c) Full faith and credit
The full faith and credit of the United States is pledged to the payment of all guarantees made under this subchapter. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations.
(Pub. L. 104–330, title VI, § 602, Oct. 26, 1996, 110 Stat. 4046.)
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. 26, 1996, see section 606 of Pub. L. 104–330, set out as a note under section 4191 of this title.
25 U.S.C. § 4193 (INDIANS)
§ 4193. Payment of interest
The Secretary may make, and contract to make, grants, in such amounts as may be approved in appropriations Acts, to or on behalf of an Indian tribe or housing entity issuing notes or other obligations guaranteed under this subchapter, to cover not to exceed 30 percent of the net interest cost (including such servicing, underwriting, or other costs as may be specified in regulations of the Secretary) to the borrowing entity or agency of such obligations. The Secretary may also, to the extent approved in appropriations Acts, assist the issuer of a note or other obligation guaranteed under this subchapter in the payment of all or a portion of the principal and interest amount due under the note or other obligation, if the Secretary determines that the issuer is unable to pay the amount because of circumstances of extreme hardship beyond the control of the issuer.
(Pub. L. 104–330, title VI, § 603, Oct. 26, 1996, 110 Stat. 4047.)
heading: Effective Date
text: Section effective Oct. 26, 1996, see section 606 of Pub. L. 104–330, set out as a note under section 4191 of this title.
25 U.S.C. § 4194 (INDIANS)
§ 4194. Training and information
The Secretary, in cooperation with eligible public entities, shall carry out training and information activities with respect to the guarantee program under this subchapter.
(Pub. L. 104–330, title VI, § 604, Oct. 26, 1996, 110 Stat. 4047.)
heading: Effective Date
text: Section effective Oct. 26, 1996, see section 606 of Pub. L. 104–330, set out as a note under section 4191 of this title.
25 U.S.C. § 4195 (INDIANS)
§ 4195. Limitations on amount of guarantees
(a) Aggregate fiscal year limitation
Notwithstanding any other provision of law and subject only to the absence of qualified applicants or proposed activities and to the authority provided in this subchapter, to the extent approved or provided in appropriations Acts, the Secretary may enter into commitments to guarantee notes and obligations under this subchapter with an aggregate principal amount not to exceed $400,000,000 for each of fiscal years 2009 through 2013.
(b) Authorization of appropriations for credit subsidy
There are authorized to be appropriated to cover the costs (as such term is defined in section 661a of title 2) of guarantees under this subchapter such sums as may be necessary for each of fiscal years 2009 through 2013.
(c) Aggregate outstanding limitation
The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary pursuant to this subchapter shall not at any time exceed $2,000,000,000 or such higher amount as may be authorized to be appropriated for this subchapter for any fiscal year.
(d) Fiscal year limitations on tribes
The Secretary shall monitor the use of guarantees under this subchapter by Indian tribes. If the Secretary finds that 50 percent of the aggregate guarantee authority under subsection (c) of this section has been committed, the Secretary may—
(1) impose limitations on the amount of guarantees any one Indian tribe may receive in any fiscal year of $50,000,000; or
(2) request the enactment of legislation increasing the aggregate outstanding limitation on guarantees under this subchapter.
(Pub. L. 104–330, title VI, § 605, Oct. 26, 1996, 110 Stat. 4047; Pub. L. 107–292, § 2(b), Nov. 13, 2002, 116 Stat. 2053; Pub. L. 110–411, title VII, § 701(b), Oct. 14, 2008, 122 Stat. 4334.)
heading: Amendments
text: 2008—Subsecs. (a), (b). Pub. L. 110–411 substituted “2009 through 2013” for “1997 through 2007”.
2002—Subsecs. (a), (b). Pub. L. 107–292 substituted “1997 through 2007” for “1997, 1998, 1999, 2000, and 2001”.
heading: Effective Date
text: Section effective Oct. 26, 1996, see section 606 of Pub. L. 104–330, set out as a note under section 4191 of this title.
25 U.S.C. § 4211 (INDIANS)
§ 4211. 50-year leasehold interest in trust or restricted lands for housing purposes
(a) Authority to lease
Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, for housing development and residential purposes.
(b) Term
Each lease pursuant to subsection (a) of this section shall be for a term not exceeding 50 years.
(c) Rule of construction
This section may not be construed to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that—
(1) is conferred by or pursuant to any other provision of law; or
(2) provides for leases for any period exceeding 50 years.
(d) Self-implementation
This section is intended to be self-implementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705.
(Pub. L. 104–330, title VII, § 702, Oct. 26, 1996, 110 Stat. 4050.)
heading: References in Text
text: Section 705, referred to in subsec. (d), is section 705 of Pub. L. 104–330, which is set out as an Effective Date note below.
heading: Effective Date
text: Pub. L. 104–330, title VII, § 705, Oct. 26, 1996, 110 Stat. 4052, provided that: “This title [enacting this subchapter and amending sections 1715z–13a and 1721 of Title 12, Banks and Banking, and sections 11902 to 11905 of Title 42, The Public Health and Welfare] and the amendments made by this title (but not including the amendments made by section 704 [amending sections 11902 to 11905 of Title 42]) shall take effect on the date of the enactment of this Act [Oct. 26, 1996].”
25 U.S.C. § 4212 (INDIANS)
§ 4212. Training and technical assistance
There are authorized to be appropriated for assistance for a national organization representing Native American housing interests for providing training and technical assistance to Indian housing authorities and tribally designated housing entities such sums as may be necessary for each of fiscal years 2009 through 2013.
(Pub. L. 104–330, title VII, § 703, Oct. 26, 1996, 110 Stat. 4051; Pub. L. 107–292, § 2(c), Nov. 13, 2002, 116 Stat. 2053; Pub. L. 110–411, title VII, § 701(c), Oct. 14, 2008, 122 Stat. 4334.)
heading: Amendments
text: 2008—Pub. L. 110–411 substituted “2009 through 2013” for “1997 through 2007”.
2002—Pub. L. 107–292 substituted “1997 through 2007” for “1997, 1998, 1999, 2000, and 2001”.
heading: Effective Date
text: Section effective Oct. 26, 1996, see section 705 of Pub. L. 104–330, set out as a note under section 4211 of this title.
25 U.S.C. § 4222 (INDIANS)
§ 4222. Block grants for affordable housing activities
(a) Grant authority
For each fiscal year, the Secretary shall (to the extent amounts are made available to carry out this subchapter) make a grant under this subchapter to the Department of Hawaiian Home Lands to carry out affordable housing activities for Native Hawaiian families who are eligible to reside on the Hawaiian Home Lands.
(b) Plan requirement
(1) In general
The Secretary may make a grant under this subchapter to the Department of Hawaiian Home Lands for a fiscal year only if—
(A) the Director has submitted to the Secretary a housing plan for that fiscal year; and
(B) the Secretary has determined under section 4224 of this title that the housing plan complies with the requirements of section 4223 of this title.
(2) Waiver
The Secretary may waive the applicability of the requirements under paragraph (1), in part, if the Secretary finds that the Department of Hawaiian Home Lands has not complied or cannot comply with those requirements due to circumstances beyond the control of the Department of Hawaiian Home Lands.
(c) Use of funds for affordable housing activities under plan
Except as provided in subsection (e) of this section, amounts provided under a grant under this section may be used only for affordable housing activities under this subchapter that are consistent with a housing plan approved under section 4224 of this title.
(d) Administrative expenses
(1) In general
The Secretary shall, by regulation, authorize the Department of Hawaiian Home Lands to use a percentage of any grant amounts received under this subchapter for any reasonable administrative and planning expenses of the Department relating to carrying out this subchapter and activities assisted with those amounts.
(2) Administrative and planning expenses
The administrative and planning expenses referred to in paragraph (1) include—
(A) costs for salaries of individuals engaged in administering and managing affordable housing activities assisted with grant amounts provided under this subchapter; and
(B) expenses incurred in preparing a housing plan under section 4223 of this title.
(e) Public-private partnerships
The Director shall make all reasonable efforts, consistent with the purposes of this subchapter, to maximize participation by the private sector, including nonprofit organizations and for-profit entities, in implementing a housing plan that has been approved by the Secretary under section 4223 of this title.
(Pub. L. 104–330, title VIII, § 802, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2877, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2971.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 802 of Pub. L. 104–330. This section is based on the text of section 802 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4225 (INDIANS)
§ 4225. Treatment of program income and labor standards
(a) Program income
(1) Authority to retain
The Department of Hawaiian Home Lands may retain any program income that is realized from any grant amounts received by the Department under this subchapter if—
(A) that income was realized after the initial disbursement of the grant amounts received by the Department; and
(B) the Director agrees to use the program income for affordable housing activities in accordance with the provisions of this subchapter.
(2) Prohibition of reduction of grant
The Secretary may not reduce the grant amount for the Department of Hawaiian Home Lands based solely on—
(A) whether the Department retains program income under paragraph (1); or
(B) the amount of any such program income retained.
(3) Exclusion of amounts
The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with the requirements of this subsection would create an unreasonable administrative burden on the Department.
(b) Labor standards
(1) In general
Any contract or agreement for assistance, sale, or lease pursuant to this subchapter shall contain—
(A) a provision requiring that an amount not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, technicians employed in the development and all maintenance, and laborers and mechanics employed in the operation, of the affordable housing project involved; and
(B) a provision that an amount not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40 shall be paid to all laborers and mechanics employed in the development of the affordable housing involved.
(2) Exceptions
Paragraph (1) and provisions relating to wages required under paragraph (1) in any contract or agreement for assistance, sale, or lease under this subchapter, shall not apply to any individual who performs the services for which the individual volunteered and who is not otherwise employed at any time in the construction work and received no compensation or is paid expenses, reasonable benefits, or a nominal fee for those services.
(Pub. L. 104–330, title VIII, § 805, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2976.)
heading: Codification
text: “Sections 3141–3144, 3146, and 3147 of title 40” substituted in subsec. (b)(1)(B) for “the Act commonly known as the ‘Davis-Bacon Act’ (46 Stat. 1494; chapter 411; 40 U.S.C. 276a et seq.)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 805 of Pub. L. 104–330. This section is based on the text of section 805 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4227 (INDIANS)
§ 4227. Regulations
The Secretary shall issue final regulations necessary to carry out this subchapter not later than October 1, 2001.
(Pub. L. 104–330, title VIII, § 807, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2885, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2979.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 807 of Pub. L. 104–330. This section is based on the text of section 807 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Section 807 of Pub. L. 104–330, as added by Pub. L. 106–568, § 203, required the issuance of final regulations not later than October 1, 2000, instead of October 1, 2001.
25 U.S.C. § 4229 (INDIANS)
§ 4229. Eligible affordable housing activities
(a) In general
Affordable housing activities under this section are activities conducted in accordance with the requirements of section 4230 of this title to—
(1) develop or to support affordable housing for rental or homeownership; or
(2) provide housing services with respect to affordable housing, through the activities described in subsection (b) of this section.
(b) Activities
The activities described in this subsection are the following:
(1) Development
The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include—
(A) real property acquisition;
(B) site improvement;
(C) the development of utilities and utility services;
(D) conversion;
(E) demolition;
(F) financing;
(G) administration and planning; and
(H) other related activities.
(2) Housing services
The provision of housing-related services for affordable housing, including—
(A) housing counseling in connection with rental or homeownership assistance;
(B) the establishment and support of resident organizations and resident management corporations;
(C) energy auditing;
(D) activities related to the provisions of self-sufficiency and other services; and
(E) 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.
(3) Housing management services
The provision of management services for affordable housing, including—
(A) the preparation of work specifications;
(B) loan processing;
(C) inspections;
(D) tenant selection;
(E) management of tenant-based rental assistance; and
(F) management of affordable housing projects.
(4) 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.
(5) Model activities
Housing activities under model programs that are—
(A) designed to carry out the purposes of this subchapter; and
(B) specifically approved by the Secretary as appropriate for the purpose referred to in subparagraph (A).
(Pub. L. 104–330, title VIII, § 810, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2886, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2980.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 810 of Pub. L. 104–330. This section is based on the text of section 810 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4230 (INDIANS)
§ 4230. Program requirements
(a) Rents
(1) Establishment
Subject to paragraph (2), as a condition to receiving grant amounts under this subchapter, the Director shall develop written policies governing rents and homebuyer payments charged for dwelling units assisted under this subchapter, including 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 subchapter, the monthly rent or homebuyer payment (as applicable) for that dwelling unit may not exceed 30 percent of the monthly adjusted income of that family.
(b) Maintenance and efficient operation
(1) In general
The Director shall, using amounts of any grants received under this subchapter, reserve and use for operating under section 4229 of this title such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing.
(2) Disposal of certain housing
This subsection may not be construed to prevent the Director, or any entity funded by the Department, from demolishing or disposing of housing, pursuant to regulations established by the Secretary.
(c) Insurance coverage
As a condition to receiving grant amounts under this subchapter, the Director shall require adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this subchapter.
(d) Eligibility for admission
As a condition to receiving grant amounts under this subchapter, the Director shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this subchapter.
(e) Management and maintenance
As a condition to receiving grant amounts under this subchapter, the Director shall develop policies governing the management and maintenance of housing assisted with grant amounts under this subchapter.
(Pub. L. 104–330, title VIII, § 811, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2887, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2981.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 811 of Pub. L. 104–330. This section is based on the text of section 811 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.