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25 U.S.C. § 4195 — Authority and requirements
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
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Source location: Title 25, Chapter 43, § 4195; chapter-043-native-american-housing-assistance-and-self-determination.md
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**(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 notes or obligations of the issuer guaranteed under this subchapter (excluding any amount defeased under the contract entered into under [section 4192(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4192/a/1&num=0&edition=prelim)) would thereby exceed an amount equal to 5 times the amount of the grant approval for the issuer pursuant to subchapter III.
**(d) Limitation on percentage** A guarantee made under this subchapter shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4196
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Release of funds** — In order to ensure that the policies of the National Environmental Policy Act of 1969 [[42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.] and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of grant amounts provided under this chapter, and to ensure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may by regulation provide for the release of amounts for particular projects to tribes which assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would apply to the Secretary were the Secretary to undertake such projects as Federal projects.
(2) **Regulations**
(A) *In general* — The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality.
(B) *Contents* — The regulations issued under this paragraph shall—
(i) provide for the monitoring of the environmental reviews performed under this section;
(ii) in the discretion of the Secretary, facilitate training for the performance of such reviews; and
(iii) provide for the suspension or termination of the assumption of responsibilities under this section.
(3) **Effect on assumed responsibility** — The duty of the Secretary under paragraph (2)(B) shall not be construed to limit or reduce any responsibility assumed by a recipient of grant amounts with resp
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4132
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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
### Statutory Notes
#### Codification
Sections 1401 to 1404 were omitted in the general revision of the United States Housing Act of 1937 by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653.
Section 1401, acts Sept. 1, 1937, ch. 896, § 1, 50 Stat. 888; July 15, 1949, 338, title III, § 307(a), 63 Stat. 429; Sept. 23, 1959, Pub. L. 86–372, title V, § 501, 73 Stat. 679; Aug. 1, 1968, Pub. L. 90–448, title II, § 206(a), 82 Stat. 504; Dec. 31, 1970, Pub. L. 91–609, title II, § 211, 84 Stat. 1779, set out declaration of policy. See [section 1437 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437&num=0&edition=prelim).
Section 1402, acts, Sept. 1, 1937, ch. 896, § 2, 50 Stat. 888; July 15, 1949, ch. 338, title III, §§ 302(b), 304(c), (i), 306, 307(b), 63 Stat. 424, 425, 429; Oct. 26, 1951, ch. 577, § 1, 65 Stat. 647; June 30, 1953, 170, § 24(c), 67 Stat. 128; Aug. 7, 1956, ch. 1029, title IV, § 404(a), 70 Stat. 1104; July 12, 1957, Pub. L. 85–104, title III, § 307, title IV, § 401(a), 71 Stat. 301; Sept. 23, 1959, Pub. L. 86–372, title V, §§ 502, 503(a), 504, 73 Stat. 680; June 30, 1961, Pub. L. 87–70, title II, § 202, 75 Stat. 163; Sept. 2, 1964, Pub. L. 88–560, title II, § 203(d), title IV, § 401(a), 78 Stat. 784, 794; Aug. 10, 1965, Pub. L. 89–117, title I, §§ 103(b), 104, 79 Stat. 457; Aug. 1, 1968, Pub. L. 90–448, title II, § 209(a), 82 Stat. 505; Dec. 24, 1969, Pub. L. 91–152, title II, § 213(a), title IV, § 403(a), 83 Stat. 389, 395; Dec. 31, 1970, Pub. L. 91–609, title II, § 208(a), title IX, § 903(c), 84 Stat. 1778, 1808; Dec. 22, 1971, Pub. L. 92–213, § 9, 85 Stat. 776, defined applicable terms. See [section 1437a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1
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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. § 4195
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Federal law — U.S. Code and appendices · legal_authorities
Page 4526
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1436d
rulemaking pursuant to subchapter II of chapter
5 of title 5, which will become effective not later
than one year from October 28, 1991.
On and after October 28, 1991, in establishing
standards for approval of such nonprofit insur-
ance entities, the Secretary shall be assured
that such entities have sufficient surplus capital
to meet reasonably expected losses, reliable ac-
counting systems, sound actuarial projections,
and employees experienced in the insurance in-
dustry. The Secretary shall not place restric-
tions on the investment of funds of any such en-
tity that is regulated by the insurance depart-
ment of any State that describes the types of in-
vestments insurance companies licensed in such
State may make. With regard to such entities
that are not so regulated, the Secretary shall es-
tablish investment guidelines that are com-
parable to State law regulating the investments
of insurance companies.
On and after October 28, 1991, the Secretary
shall not approve additional nonprofit insurance
entities until such standards have become final,
nor shall the Secretary revoke the approval of
any nonprofit insurance entity previously ap-
proved by the Department unless for cause and
after a due process hearing.
On and after October 28, 1991, until the Depart-
ment of Housing and Urban Development has
adopted regulations specifying the nature and
quality of insurance covering the potential per-
sonal injury liability exposure of public housing
authorities and Indian housing authorities (and
their contractors, including architectural and
engineering services) as a result of testing and
abatement of lead-based paint in federally sub-
sidized public and Indian housing units, said au-
thori
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1437
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