dreamproit/uscode huggingface dataset:
25 U.S.C. § 4138 (INDIANS)
§ 4138. Availability of records
(a) Provision of information
Notwithstanding any other provision of law, except as provided in subsection (b), the National Crime Information Center, police departments, and other law enforcement agencies shall, upon request, provide information to Indian tribes or tribally designated housing entities regarding the criminal conviction records of applicants for employment, and of adult applicants for, or tenants of, housing assisted with grant amounts provided to such tribe or entity under this chapter for purposes of applicant screening, lease enforcement, and eviction.
(b) Exception
A law enforcement agency described in subsection (a) shall provide information under this paragraph relating to any criminal conviction of a juvenile only to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality.
(c) Confidentiality
An Indian tribe or tribally designated housing entity receiving information under this section may use such information only for the purposes provided in this section and such information may not be disclosed to any person who is not an officer, employee, or authorized representative of the tribe or entity or the owner of housing assisted under this chapter, and who has a job-related need to have access to the information for the purposes under this section. For judicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary shall, by regulation, establish procedures necessary to ensure that information provided under this section to any tribe or entity is used, and confidentiality is maintained, as required under this section.
(Pub. L. 104–330, title II, § 208, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(e)(10), Oct. 21, 1998, 112 Stat. 2658; Pub. L. 110–411, title II, § 205, Oct. 14, 2008, 122 Stat. 4326.)
heading: References in Text
text: This chapter, referred to in subsecs. (a) and (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. (a). Pub. L. 110–411 inserted “applicants for employment, and of” after “records of”.
1998—Subsec. (a). Pub. L. 105–276, § 595(e)(10)(A), substituted “subsection (b)” for “paragraph (2)”.
Subsec. (b). Pub. L. 105–276, § 595(e)(10)(B), substituted “subsection (a)” for “paragraph (1)”.
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), require that a replacement tribally designated housing entity serve as the recipient for the tribe, in accordance with subsection (c).
(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), 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); 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).
(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. § 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.
(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).
(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. § 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, 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) 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. § 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) 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) 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. § 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), 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. § 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).
(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. § 4232 (INDIANS)
§ 4232. Low-income requirement and income targeting
(a) In general
Housing shall qualify for affordable housing for purposes of this subchapter only if—
(1) each dwelling unit in the housing—
(A) in the case of rental housing, is made available for occupancy only by a family that is a low-income family at the time of the initial occupancy of that family of that unit; and
(B) in the case of housing for homeownership, is made available for purchase only by a family that is a low-income family at the time of purchase; and
(2) each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for—
(A) the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership; or
(B) such other period as the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this subchapter, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if that action—
(i) recognizes any contractual or legal rights of any public agency, nonprofit sponsor, or other person or entity to take an action that would—
(I) avoid termination of low-income affordability, in the case of foreclosure; or
(II) transfer ownership in lieu of foreclosure; and
(ii) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.
(b) Exception
Notwithstanding subsection (a), housing assistance pursuant to section 4228(a)(2)(B) of this title shall be considered affordable housing for purposes of this subchapter.
(Pub. L. 104–330, title VIII, § 813, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2888, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2982.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 813 of Pub. L. 104–330. This section is based on the text of section 813 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4236 (INDIANS)
§ 4236. Allocation formula
(a) Establishment
The Secretary shall, by regulation issued not later than the expiration of the 6-month period beginning on December 27, 2000, in the manner provided under section 4227 of this title, establish a formula to provide for the allocation of amounts available for a fiscal year for block grants under this subchapter in accordance with the requirements of this section.
(b) Factors for determination of need
The formula under subsection (a) shall be based on factors that reflect the needs for assistance for affordable housing activities, including—
(1) the number of low-income dwelling units owned or operated at the time pursuant to a contract between the Director and the Secretary;
(2) the extent of poverty and economic distress and the number of Native Hawaiian families eligible to reside on the Hawaiian Home Lands; and
(3) any other objectively measurable conditions that the Secretary and the Director may specify.
(c) Other factors for consideration
In establishing the formula under subsection (a), the Secretary shall consider the relative administrative capacities of the Department of Hawaiian Home Lands and other challenges faced by the Department, including—
(1) geographic distribution within Hawaiian Home Lands; and
(2) technical capacity.
(d) Effective date
This section shall take effect on December 27, 2000.
(Pub. L. 104–330, title VIII, § 817, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2984.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 817 of Pub. L. 104–330. This section is based on the text of section 817 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.
25 U.S.C. § 4242 (INDIANS)
§ 4242. Reports to Congress
(a) In general
Not later than 90 days after the conclusion of each fiscal year in which assistance under this subchapter is made available, the Secretary shall submit to Congress a report that contains—
(1) a description of the progress made in accomplishing the objectives of this subchapter;
(2) a summary of the use of funds available under this subchapter during the preceding fiscal year; and
(3) a description of the aggregate outstanding loan guarantees under section 1715z–13b of title 12.
(b) Related reports
The Secretary may require the Director to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to prepare the report required under subsection (a).
(Pub. L. 104–330, title VIII, § 823, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989.)
heading: Codification
text: Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 823 of Pub. L. 104–330. This section is based on the text of section 823 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.