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25 U.S.C. § 4136 — Eligible affordable housing activities

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4136 — Eligible affordable housing activities

Affordable housing activities under this subchapter are activities, in accordance with the requirements of this subchapter, to develop, operate, maintain, or support affordable housing for rental or homeownership, or to provide housing services with respect to affordable housing, through the following activities: (1) **Indian housing assistance** — The provision of modernization or operating assistance for housing previously developed or operated pursuant to a contract between the Secretary and an Indian housing authority. (2) **Development** — The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include real property acquisition, site improvement, development and rehabilitation of utilities, necessary infrastructure, and utility services, conversion, demolition, financing, administration and planning, improvement to achieve greater energy efficiency, mold remediation, and other related activities. (3) **Housing services** — The provision of housing-related services for affordable housing, such as housing counseling in connection with rental or homeownership assistance, establishment and support of resident organizations and resident management corporations, energy auditing, activities related to the provision of self-sufficiency and other services, and 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. (4) **Housing management services** — The provision of management services for affordable housing, including preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, the costs of operatio

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Stable record: federal_law:legal_authorities:record_usc_b91f8c4f04962a37450a39a3
Source file: Laws/federal/codes/united-states-code/title-25/section-4136-eligible-affordable-housing-activities--17bc653647.md
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Source location: Title 25, Chapter 43, § 4136; chapter-043-native-american-housing-assistance-and-self-determination.md

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Affordable housing activities under this subchapter are activities, in accordance with the requirements of this subchapter, to develop, operate, maintain, or support affordable housing for rental or homeownership, or to provide housing services with respect to affordable housing, through the following activities: (1) **Indian housing assistance** — The provision of modernization or operating assistance for housing previously developed or operated pursuant to a contract between the Secretary and an Indian housing authority. (2) **Development** — The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include real property acquisition, site improvement, development and rehabilitation of utilities, necessary infrastructure, and utility services, conversion, demolition, financing, administration and planning, improvement to achieve greater energy efficiency, mold remediation, and other related activities. (3) **Housing services** — The provision of housing-related services for affordable housing, such as housing counseling in connection with rental or homeownership assistance, establishment and support of resident organizations and resident management corporations, energy auditing, activities related to the provision of self-sufficiency and other services, and 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. (4) **Housing management services** — The provision of management services for affordable housing, including preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, the costs of operation and maintenance of units developed with funds provided under this chapter, and management of affordable housing projects. (5) **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. (6) **Model activities** — Housing activities under model programs that are designed to carry out the purposes of this chapter and are specifically approved by the Secretary as appropriate for such purpose. (7) **Community development demonstration project** (A) *In general* — Consistent with principles of Indian self-determination and the findings of this chapter, the Secretary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes, tribal organizations, or tribal consortia are authorized to expend amounts received pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 in order to design, implement, and operate community development demonstration projects. (B) *Study* — Not later than 1 year after November 13, 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Financial Services and the Committee on Resources of the House of Representatives. (8) **Self-Determination Act demonstration project** (A) *In general* — Consistent with the provisions of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.),11 See References in Text note below. the Secretary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes and tribal organizations are authorized to receive assistance in a manner that maximizes tribal authority and decision-making in the design and implementation of Federal housing and related activity funding. (B) *Study* — Not later than 1 year after November 13, 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Financial Services and the Committee on Resources of the House of Representatives. (9) **Reserve accounts** (A) *In general* — Subject to subparagraph (B), the deposit of amounts, including grant amounts under [section 4111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111&num=0&edition=prelim), in a reserve account established for an Indian tribe only for the purpose of accumulating amounts for administration and planning relating to affordable housing activities under this section, in accordance with the Indian housing plan of the Indian tribe. (B) *Maximum amount* — A reserve account established under subparagraph (A) shall consist of not more than an amount equal to ¼ of the 5-year average of the annual amount used by a recipient for administration and planning under paragraph (2).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450 — Transferred

### Statutory Notes #### Codification Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4101 — Review and audit by Secretary

**(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

25 U.S.C. § 4111 — Congressional findings

The Congress finds that— (1) the Federal Government has a responsibility to promote the general welfare of the Nation— (A) by using Federal resources to aid families and individuals seeking affordable homes in safe and healthy environments and, in particular, assisting responsible, deserving citizens who cannot provide fully for themselves because of temporary circumstances or factors beyond their control; (B) by working to ensure a thriving national economy and a strong private housing market; and (C) by developing effective partnerships among the Federal Government, State, tribal, and local governments, and private entities that allow government to accept responsibility for fostering the development of a healthy marketplace and allow families to prosper without government involvement in their day-to-day activities; (2) there exists a unique relationship between the Government of the United States and the governments of Indian tribes and a unique Federal responsibility to Indian people; (3) the Constitution of the United States invests the Congress with plenary power over the field of Indian affairs, and through treaties, statutes, and historical relations with Indian tribes, the United States has undertaken a unique trust responsibility to protect and support Indian tribes and Indian people; (4) the Congress, through treaties, statutes, and the general course of dealing with Indian tribes, has assumed a trust responsibility for the protection and preservation of Indian tribes and for working with tribes and their members to improve their housing conditions and socioeconomic status so that they are able to take greater responsibility for their own economic condition; (5) providing affordable homes in safe and healthy environments is an essential element i

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4111

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4161 — Inapplicability of other provisions

**(a) In general** Except as otherwise specifically provided in this chapter, subchapter I, part A of subchapter II, and subchapters III through VIII shall not apply to— (1) the program under this part; or (2) amounts made available in accordance with this part. **(b) Applicable provisions** The following provisions of subchapters I through VIII shall apply to the program under this part and amounts made available in accordance with this part: (1) [Section 4111(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111/c&num=0&edition=prelim) (relating to local cooperation agreements). (2) Subsections (d) and (e) of [section 4111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111&num=0&edition=prelim) (relating to tax exemption). (3) [Section 4111(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111/j&num=0&edition=prelim) (relating to Federal supply sources). (4) [Section 4111(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4111/k&num=0&edition=prelim) (relating to tribal preference in employment and contracting). (5) Section 4112(b)(4) 11 So in original. [Section 4112(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4112/b&num=0&edition=prelim) does not contain a par. (4). of this title (relating to certification of compliance). (6) [Section 4114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4114&num=0&edition=prelim) (relating to treatment of program income and labor standards). (7) [Section 4115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4115&num=

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4161

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4136 — Untitled legal text

Page 648 TITLE 25—INDIANS § 4135 (1) the discretion to use grant amounts for affordable housing activities through equity investments, interest-bearing loans or ad- vances, noninterest-bearing loans or advances, interest subsidies, leveraging of private in- vestments, or any other form of assistance that the Secretary has determined to be con- sistent with the purposes of this chapter; and (2) the right to establish the terms of assist- ance. (b) Investments A recipient may invest grant amounts for the purposes of carrying out affordable housing ac- tivities in investment securities and other obli- gations as approved by the Secretary. (Pub. L. 104–330, title II, § 204, Oct. 26, 1996, 110 Stat. 4033.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4135. Low-income requirement and income tar- geting (a) In general Housing shall qualify as affordable housing for purposes of this chapter 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 their initial occupancy of such unit; (B) in the case of a contract to purchase existing housing, is made available for pur- chase only by a fa

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 4136

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450 — Transferred

Page 141 TITLE 25—INDIANS § 450f Section was formerly classified to section 93 of Title 45, Railroads. § 443c. Transferred Editorial Notes CODIFICATION Section 443c was editorially reclassified as section 1684 of this title. § 443d. Transferred Editorial Notes CODIFICATION Section 443d was editorially reclassified as section 1685 of this title. §§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5, 68 Stat. 675 Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re- lated to Indian hospital services and facilities. See sec- tion 2001 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as an Effective Date note under section 2001 of Title 42, The Public Health and Welfare. SUBCHAPTER II—INDIAN SELF-DETER- MINATION AND EDUCATION ASSISTANCE § 450. Transferred Editorial Notes CODIFICATION Section 450 was editorially reclassified as section 5301 of this title. § 450a. Transferred Editorial Notes CODIFICATION Section 450a was editorially reclassified as section 5302 of this title. § 450a–1. Transferred Editorial Notes CODIFICATION Section 450a–1 was editorially reclassified as section 5303 of this title. § 450b. Transferred Editorial Notes CODIFICATION Section 450b was editorially reclassified as section 5304 of this title. § 450c. Transferred Editorial Notes CODIFICATION Section 450c was editorially reclassified as section 5305 of this title. § 450d. Transferred Editorial Notes CODIFICATION Section 450d was editorially reclassified as section 5306 of this title. § 450e. Transferred Editorial Notes CODIFICATION Section 450e was editorially reclassified as section 5307 of this title. § 4

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 450

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