25 U.S.C. § 4181 — Termination of Indian housing assistance

Page 659 TITLE 25—INDIANS § 4183 1 See References in Text note below. SUBCHAPTER V—TERMINATION OF ASSIST- ANCE FOR INDIAN TRIBES UNDER INCOR- PORATED PROGRAMS § 4181. Termination of Indian housing assistance under United States Housing Act of 1937 (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 et seq.] or pursuant to any commitment entered into under such Act, for Indian housing developed or oper- ated pursuant to a contract between the Sec- retary 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 con- tract 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 there- after, be considered to be a dwelling unit under section 4152(b)(1) of this title. (b) Termination of restrictions on use of Indian housing After September 30, 1997, any housing devel- oped 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 et seq.] shall not be subject to any provision of such Act or any annual con- tributions contract or other agreement pursuant to such Act, but shall be considered and main- tained as affordable housing for purposes of this chapter. (Pub. L. 104–330, title V, § 502, Oct. 26, 1996, 110 Stat. 4043; Pub. L. 106–568, title X, § 1003(k)(3), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(j)(3), Dec. 27, 2000, 114 Stat. 2966.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Ta- bles. This chapter, referred to in subsec. (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. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–568 and Pub. L. 106–569 amended subsec. (a) identically, inserting at end ‘‘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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–330, title V, § 508, Oct. 26, 1996, 110 Stat. 4045, provided that: ‘‘Sections 502, 503, and 507 [25 U.S.C. 4181, 4182, 4183] shall take effect on the date of the en- actment of this Act [Oct. 26, 1996].’’ § 4182. Termination of new commitments for rental assistance After September 30, 1997, financial assistance for rental housing assistance under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] may not be provided to any Indian housing au- thority or tribally designated housing entity, unless such assistance is provided pursuant to a contract for such assistance entered into by the Secretary and the Indian housing authority be- fore such date. Any such assistance provided pursuant to such a contract shall be governed by the provisions of the United States Housing Act of 1937 (as in effect before the date of the effec- tiveness of this chapter) and the provisions of such contract. (Pub. L. 104–330, title V, § 503, Oct. 26, 1996, 110 Stat. 4043.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Ta- bles. For the date of the effectiveness of this chapter, re- ferred to in text, as Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 26, 1996, see section 508 of Pub. L. 104–330, set out as a note under section 4181 of this title. § 4183. Savings provision (a) Existing rights and duties Except as provided in sections 4181 and 4182 of this title, this chapter may not be construed to affect the validity of any right, duty, or obliga- tion of the United States or other person arising under or pursuant to any commitment or agree- ment lawfully entered into before October 1, 1997, under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12899 et seq.],1 title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.], title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.], or section 2 of the HUD Demonstration Act of 1993. (b) Obligations under repealed provisions Notwithstanding the amendments made by this subchapter, any obligation of the Secretary