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25 U.S.C. § 4116 — Indian housing plans

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

25 U.S.C. § 4116 — Indian housing plans

**(a) Plan submission** The Secretary shall provide— (1) (A) for an Indian tribe to submit to the Secretary, by not later than 75 days before the beginning of each tribal program year, a 1-year housing plan for the Indian tribe; or (B) for the tribally designated housing entity for the tribe to submit the plan as provided in subsection (c) for the tribe; and (2) for the review of such plans. **(b) 1-year plan requirement** (1) **In general** — A housing plan of an Indian tribe under this section shall— (A) be in such form as the Secretary may prescribe; and (B) contain the information described in paragraph (2). (2) **Required information** — A housing plan shall include the following information with respect to the tribal program year for which assistance under this chapter is made available: (A) *Description of planned activities* — A statement of planned activities, including— (i) the types of household to receive assistance; (ii) the types and levels of assistance to be provided; (iii) the number of units planned to be produced; (iv) (I) a description of any housing to be demolished or disposed of; (II) a timetable for the demolition or disposition; and (III) any other information required by the Secretary with respect to the demolition or disposition; (v) a description of the manner in which the recipient will protect and maintain the viability of housing owned and operated by the recipient that was 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 (vi) outcomes anticipated to be ach

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Stable record: federal_law:legal_authorities:record_usc_bf64033403b41d3ebf559bb9
Source file: Laws/federal/codes/united-states-code/title-25/section-4116-indian-housing-plans--f65ff9b611.md
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Source location: Title 25, Chapter 43, § 4116; chapter-043-native-american-housing-assistance-and-self-determination.md

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**(a) Plan submission** The Secretary shall provide— (1) (A) for an Indian tribe to submit to the Secretary, by not later than 75 days before the beginning of each tribal program year, a 1-year housing plan for the Indian tribe; or (B) for the tribally designated housing entity for the tribe to submit the plan as provided in subsection (c) for the tribe; and (2) for the review of such plans. **(b) 1-year plan requirement** (1) **In general** — A housing plan of an Indian tribe under this section shall— (A) be in such form as the Secretary may prescribe; and (B) contain the information described in paragraph (2). (2) **Required information** — A housing plan shall include the following information with respect to the tribal program year for which assistance under this chapter is made available: (A) *Description of planned activities* — A statement of planned activities, including— (i) the types of household to receive assistance; (ii) the types and levels of assistance to be provided; (iii) the number of units planned to be produced; (iv) (I) a description of any housing to be demolished or disposed of; (II) a timetable for the demolition or disposition; and (III) any other information required by the Secretary with respect to the demolition or disposition; (v) a description of the manner in which the recipient will protect and maintain the viability of housing owned and operated by the recipient that was 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 (vi) outcomes anticipated to be achieved by the recipient. (B) *Statement of needs* — A statement of the housing needs of the low-income Indian families residing in the jurisdiction of the Indian tribe, and the means by which those needs will be addressed during the applicable period, including— (i) a description of the estimated housing needs and the need for assistance for the low-income Indian families in the jurisdiction, including a description of the manner in which the geographical distribution of assistance is consistent with the geographical needs and needs for various categories of housing assistance; and (ii) a description of the estimated housing needs for all Indian families in the jurisdiction. (C) *Financial resources* — An operating budget for the recipient, in such form as the Secretary may prescribe, that includes— (i) an identification and description of the financial resources reasonably available to the recipient to carry out the purposes of this chapter, including an explanation of the manner in which amounts made available will leverage additional resources; and (ii) the uses to which those resources will be committed, including eligible and required affordable housing activities under subchapter II and administrative expenses. (D) *Certification of compliance* — Evidence of compliance with the requirements of this chapter, including, as appropriate— (i) a certification that, in carrying out this chapter, the recipient will comply with the applicable provisions of title II of the Civil Rights Act of 1968 ([25 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1301&num=0&edition=prelim) et seq.) and other applicable Federal laws and regulations; (ii) a certification that the recipient will maintain adequate insurance coverage for housing units that are owned and operated or assisted with grant amounts provided under this chapter, in compliance with such requirements as the Secretary may establish; (iii) a certification that policies are in effect and are available for review by the Secretary and the public governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this chapter; (iv) a certification that policies are in effect and are available for review by the Secretary and the public governing rents and homebuyer payments charged, including the methods by which the rents or homebuyer payments are determined, for housing assisted with grant amounts provided under this chapter; (v) a certification that policies are in effect and are available for review by the Secretary and the public governing the management and maintenance of housing assisted with grant amounts provided under this chapter; and (vi) a certification that the recipient will comply with [section 4114(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4114/b&num=0&edition=prelim). **(c) Participation of tribally designated housing entity** A plan under this section for an Indian tribe may be prepared and submitted on behalf of the tribe by the tribally designated housing entity for the tribe, but only if such plan contains a certification by the recognized tribal government of the grant beneficiary that such tribe— (1) has had an opportunity to review the plan and has authorized the submission of the plan by the housing entity; or (2) has delegated to such tribally designated housing entity the authority to submit a plan on behalf of the tribe without prior review by the tribe. **(d) Coordination of plans** A plan under this section may cover more than 1 Indian tribe, but only if the certification requirements under subsection (c) are complied with by each such grant beneficiary covered. **(e) Regulations** The requirements relating to the contents of plans under this section shall be established by regulation, pursuant to [section 4116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4116&num=0&edition=prelim).

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

25 U.S.C. § 1301 — Definitions

For purposes of this subchapter, the term— (1) “Indian tribe” means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government; (2) “powers of self-government” means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians; (3) “Indian court” means any Indian tribal court or court of Indian offense; and (4) “Indian” means any person who would be subject to the jurisdiction of the United States as an Indian under section 1153, title 18, if that person were to commit an offense listed in that section in Indian country to which that section applies.

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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

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

42 U.S.C. § 1437 — Omitted

### 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

42 U.S.C. § 3601 — Declaration of policy

It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

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

25 U.S.C. § 4164 — Allocation formula

**(a) Establishment** (1) **In general** — The Secretary shall, by regulations issued not later than the expiration of the 12-month period beginning on October 26, 1996, in the manner provided under [section 4116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4116&num=0&edition=prelim), establish a formula to provide for allocating amounts available for a fiscal year for block grants under this chapter among Indian tribes in accordance with the requirements of this section. (2) **Study of need data** (A) *In general* — The Secretary shall enter into a contract with an organization with expertise in housing and other demographic data collection methodologies under which the organization, in consultation with Indian tribes and Indian organizations, shall— (i) assess existing data sources, including alternatives to the decennial census, for use in evaluating the factors for determination of need described in subsection (b); and (ii) develop and recommend methodologies for collecting data on any of those factors, including formula area, in any case in which existing data is determined to be insufficient or inadequate, or fails to satisfy the requirements of this chapter. (B) *Authorization of appropriations* — There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. **(b) Factors for determination of need** The formula shall be based on factors that reflect the need of the Indian tribes and the Indian areas of the tribes for assistance for affordable housing activities, including the following factors: (1) (A) The number of low-income housing dwelling units developed under the United States Housing Act of 1937 ([42 U.S.C. 1437](https://

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

25 U.S.C. § 1301 — Definitions

Page 211 TITLE 25—INDIANS § 1302 SUBCHAPTER I—GENERALLY § 1301. Definitions For purposes of this subchapter, the term— (1) ‘‘Indian tribe’’ means any tribe, band, or other group of Indians subject to the jurisdic- tion of the United States and recognized as pos- sessing powers of self-government; (2) ‘‘powers of self-government’’ means and in- cludes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inher- ent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians; (3) ‘‘Indian court’’ means any Indian tribal court or court of Indian offense; and (4) ‘‘Indian’’ means any person who would be subject to the jurisdiction of the United States as an Indian under section 1153, title 18, if that person were to commit an offense listed in that section in Indian country to which that section applies. (Pub. L. 90–284, title II, § 201, Apr. 11, 1968, 82 Stat. 77; Pub. L. 101–511, title VIII, § 8077(b), (c), Nov. 5, 1990, 104 Stat. 1892.) Editorial Notes AMENDMENTS 1990—Par. (2). Pub. L. 101–511, § 8077(b), inserted at end ‘‘means the inherent power of Indian tribes, hereby rec- ognized and affirmed, to exercise criminal jurisdiction over all Indians;’’. Par. (4). Pub. L. 101–511, § 8077(c), added par. (4). Statutory Notes and Related Subsidiaries SHORT TITLE Title II of Pub. L. 90–284, which is classified generally to this subchapter, is popularly known as the ‘‘Indian Civil Rights Act of 1968’’. TIME LIMITATION ON CRIMINAL MISDEMEANOR JU- RISDICTION OF TRIBAL COURTS OVER NON-MEMBER INDIANS Pub. L. 101–511, title VIII, § 8077(d)

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

25 U.S.C. § 4116 — Regulations

Page 643 TITLE 25—INDIANS § 4116 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. AMENDMENTS 2000—Subsec. (d). Pub. L. 106–568 and Pub. L. 106–569 amended section identically, adding subsec. (d). 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. § 4116. Regulations (a) Transition requirements (1) In general Not later than 90 days after October 26, 1996, the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this chapter and the amendments made by this chapter) from the provision of assistance for Indian tribes and Indian housing authorities under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] and other related provisions of law to the provision of assistance in accordance with this chapter and the amendments made by this chapter. (2) Public comments; general notice of pro- posed rulemaking The notice issued under paragraph (1) shall— (A) invite public comments regarding such transition requirements and final regula- tions to carry out this chapter; and (B) include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5) of the final regulations under sub- section (b). (b) Final regulations (1) Timing The Secretary shall issue final regulations necessary to carry out this chapter not later than September 1, 1997, and such regulations sh

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

42 U.S.C. § 1437 — Declaration of policy and public housing

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

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