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25 U.S.C. § 4196 — Security and repayment
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4133/b&num=0&edition=prelim); 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 pursu
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Source location: Title 25, Chapter 43, § 4196; chapter-043-native-american-housing-assistance-and-self-determination.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4133/b&num=0&edition=prelim); 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual review**
(1) **In general** — The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether—
(A) the Director has—
(i) carried out eligible activities under this subchapter in a timely manner;
(ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and
(iii) a continuing capacity to carry out the eligible activities in a timely manner;
(B) the Director has complied with the housing plan submitted by the Director under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and
(C) the performance reports of the Department under section 4240 11 So in original. Probably should be section “4239”. of this title are accurate.
(2) **Onsite visits** — Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development.
**(b) Report by Secretary** The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department.
**(c) Effect of reviews** The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4101
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4152/b/1&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4191
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority** To such extent or in such amounts as provided in appropriations Acts, the Secretary may, subject to the limitations of this subchapter (including limitations designed to protect and maintain the viability of rental housing units owned or operated by the recipient that were developed under a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937 [[42 U.S.C. 1437](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim) et seq.]), and upon such terms and conditions as the Secretary may prescribe, guarantee and make commitments to guarantee, the notes or other obligations issued by Indian tribes or tribally designated housing entities with tribal approval, for the purposes of financing affordable housing activities described in [section 4132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4132&num=0&edition=prelim) and housing related community development activity as consistent with the purposes of this chapter.
**(b) Terms of loans** Notes or other obligations guaranteed pursuant to this subchapter shall be in such form and denominations, have such maturities, and be subject to such conditions as may be prescribed by regulations issued by the Secretary. The Secretary may not deny a guarantee under this subchapter on the basis of the proposed repayment period for the note or other obligation, unless the period is more than 20 years or the Secretary determines that the period causes the guarantee to constitute an unacceptable financial risk.
**(c) Limitation on outstanding guarantees** No guarantee or commitment to guarantee shall be made with respect to any note or other obligation if the total outstanding n
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4195
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Federal law — U.S. Code and appendices · legal_authorities
Page 662
TITLE 25—INDIANS
§ 4193
Editorial Notes
REFERENCES IN 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 Amer-
ican 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.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 26, 1996, see section 606 of Pub.
L. 104–330, set out as a note under section 4191 of this
title.
§ 4193. Payment of interest
The Secretary may make, and contract to
make, grants, in such amounts as may be ap-
proved in appropriations Acts, to or on behalf of
an Indian tribe or housing entity issuing notes
or other obligations guaranteed under this sub-
chapter, to cover not to exceed 30 percent of the
net interest cost (including such servicing, un-
derwriting, or other costs as may be specified in
regulations of the Secretary) to the borrowing
entity or agency of such obligations. The Sec-
retary may also, to the extent approved in ap-
propriations Acts, assist the issuer of a note or
other obligation guaranteed under this sub-
chapter in the payment of all or a portion of the
principal and interest amount due under the
note or other obligation, if the Secretary deter-
mines 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.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 26, 1996, see section 606 of Pub.
L. 104–330, set out as a note under section 4191 of this
title.
§ 4194. Tra
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 4196
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