25 U.S.C. § 4101 — Congressional findings

Page 631 TITLE 25—INDIANS § 4101 1 See References in Text note below. Sec. 4145a. Program authority. 4145b. Use of amounts for housing activities. 4145c. Inapplicability of other provisions. 4145d. Review and report. SUBCHAPTER III—ALLOCATION OF GRANT AMOUNTS 4151. Annual allocation. 4152. Allocation formula. SUBCHAPTER IV—COMPLIANCE, AUDITS, AND REPORTS 4161. Remedies for noncompliance. 4162. Replacement of recipient. 4163. Monitoring of compliance. 4164. Performance reports. 4165. Review and audit by Secretary. 4166. GAO audits. 4167. Reports to Congress. 4168. Public availability of information. SUBCHAPTER V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED PROGRAMS 4181. Termination of Indian housing assistance under United States Housing Act of 1937. 4182. Termination of new commitments for rental assistance. 4183. Savings provision. 4184. Effect on HOME Investment Partnerships Act. SUBCHAPTER VI—FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES 4191. Authority and requirements. 4192. Security and repayment. 4193. Payment of interest. 4194. Training and information. 4195. Limitations on amount of guarantees. 4196. Demonstration program for guaranteed loans to finance tribal community and economic development activities. SUBCHAPTER VII—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 4211. 50-year leasehold interest in trust or re- stricted lands for housing purposes. 4212. Training and technical assistance. SUBCHAPTER VIII—HOUSING ASSISTANCE FOR NATIVE HAWAIIANS 4221. Definitions. 4222. Block grants for affordable housing activi- ties. 4223. Housing plan. 4224. Review of plans. 4225. Treatment of program income and labor standards. 4226. Environmental review. 4227. Regulations. 4228. Affordable housing activities. 4229. Eligible affordable housing activities. 4230. Program requirements. 4231. Types of investments. 4232. Low-income requirement and income tar- geting. 4233. Lease requirements and tenant selection. 4234. Repayment. 4235. Annual allocation. 4236. Allocation formula. 4237. Remedies for noncompliance. 4238. Monitoring of compliance. 4239. Performance reports. 4240. Review and audit by Secretary. 4241. Government Accountability Office audits. 4242. Reports to Congress. 4243. Authorization of appropriations. § 4101. Congressional findings The Congress finds that— (1) the Federal Government has a responsi- bility to promote the general welfare of the Nation— (A) by using Federal resources to aid fami- lies and individuals seeking affordable homes in safe and healthy environments and, in particular, assisting responsible, de- serving citizens who cannot provide fully for themselves because of temporary cir- cumstances or factors beyond their control; (B) by working to ensure a thriving na- tional economy and a strong private housing market; and (C) by developing effective partnerships among the Federal Government, State, trib- al, and local governments, and private enti- ties that allow government to accept respon- sibility 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 be- tween 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 in- vests the Congress with plenary power over the field of Indian affairs, and through trea- ties, statutes, and historical relations with In- dian 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 in the special role of the United States in helping tribes and their members to improve their housing conditions and socioeconomic status; (6) the need for affordable homes in safe and healthy environments on Indian reservations, in Indian communities, and in Native Alaskan villages is acute and the Federal Government shall work not only to provide housing assist- ance, but also, to the extent practicable, to as- sist in the development of private housing fi- nance mechanisms on Indian lands to achieve the goals of economic self-sufficiency and self- determination for tribes and their members; and (7) Federal assistance to meet these respon- sibilities shall be provided in a manner that recognizes the right of Indian self-determina- tion and tribal self-governance by making such assistance available directly to the In- dian tribes or tribally designated entities under authorities similar to those accorded In- dian tribes in Public Law 93–638 (25 U.S.C. 450 et seq.).1 (Pub. L. 104–330, § 2, Oct. 26, 1996, 110 Stat. 4017; Pub. L. 110–411, § 2, Oct. 14, 2008, 122 Stat. 4320.) Page 632 TITLE 25—INDIANS § 4101 Editorial Notes REFERENCES IN TEXT Public Law 93–638 (25 U.S.C. 450 et seq.), referred to in par. (7), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which was classified principally to sub- chapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. AMENDMENTS 2008—Pars. (6), (7). Pub. L. 110–411 substituted ‘‘shall’’ for ‘‘should’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–330, title I, § 107, Oct. 26, 1996, 110 Stat. 4030, provided that: ‘‘Except as otherwise expressly pro- vided in this Act [see Short Title note below], this Act and the amendments made by this Act shall take effect on October 1, 1997.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–269, § 1, Oct. 12, 2010, 124 Stat. 2850, pro- vided that: ‘‘This Act [amending section 4103 of this title] may be cited as the ‘Indian Veterans Housing Op- portunity Act of 2010’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–411, § 1(a), Oct. 14, 2008, 122 Stat. 4319, pro- vided that: ‘‘This Act [enacting part B of subchapter II and sections 4184 and 4196 of this title and amending this section and sections 4103, 4111 to 4114, 4116, 4117, 4131 to 4133, 4135, 4138, 4152, 4161, 4163, 4164, 4195, and 4212 of this title] may be cited as the ‘Native American Housing Assistance and Self-Determination Reauthor- ization Act of 2008’.’’ SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–136, § 1, Dec. 22, 2005, 119 Stat. 2643, pro- vided that: ‘‘This Act [enacting section 1490t of Title 42, The Public Health and Welfare, amending section 4114 of this title and sections 12899f and 12899h–1 of Title 42, and enacting provisions set out as a note under this section] may be cited as the ‘Native American Housing Enhancement Act of 2005’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–393, § 1, Oct. 30, 2004, 118 Stat. 2246, pro- vided that: ‘‘This Act [amending section 4191 of this title] may be cited as the ‘Homeownership Opportuni- ties for Native Americans Act of 2004’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–292, § 1, Nov. 13, 2002, 116 Stat. 2053, pro- vided that: ‘‘This Act [amending sections 4103, 4111, 4114, 4116, 4117, 4132, 4191, 4195, and 4212 of this title and section 1715z–13a of Title 12, Banks and Banking] may be cited as the ‘Native American Housing Assistance and Self-Determination Reauthorization Act of 2002’.’’ SHORT TITLE OF 2000 AMENDMENTS Pub. L. 106–569, title V, § 511, Dec. 27, 2000, 114 Stat. 2966, provided that: ‘‘This subtitle [subtitle B (§§ 511–514) of title V of Pub. L. 106–569, enacting sub- chapter VIII of this chapter, section 1715z–13b of Title 12, Banks and Banking, and provisions set out as notes under section 4221 of this title] may be cited as the ‘Ha- waiian Homelands Homeownership Act of 2000’.’’ Pub. L. 106–568, § 1, Dec. 27, 2000, 114 Stat. 2868, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Omnibus Indian Advancement Act’.’’ Pub. L. 106–568, title II, § 201, Dec. 27, 2000, 114 Stat. 2872, provided that: ‘‘This title [enacting subchapter VIII of this chapter, section 1715z–13b of Title 12, Banks and Banking, and provisions set out as notes under sec- tion 4221 of this title] may be cited as the ‘Hawaiian Homelands Homeownership Act of 2000’.’’ SHORT TITLE Pub. L. 104–330, § 1(a), Oct. 26, 1996, 110 Stat. 4016, pro- vided that: ‘‘This Act [enacting this chapter and sec- tion 12899h–1 of Title 42, The Public Health and Welfare, amending sections 1715z–13a and 1721 of Title 12, Banks and Banking, and sections 1437a, 1437c to 1437e, 1437g, 1437l, 1437n, 1437u to 1437x, 1437aaa–5, 1437aaa–6, 1439, 11371 to 11376, 11382, 11401, 11403g, 11408, 11902 to 11905, 12747, and 12838 of Title 42, repealing sections 1437aa to 1437ee of Title 42, enacting provisions set out as notes under this section and sections 4181 and 4211 of this title and sections 11371, 12747, and 12899h–1 of Title 42, amending provisions set out as a note under section 11301 of Title 42, and repealing provisions set out as a note under section 1701z–6 of Title 12] may be cited as the ‘Native American Housing Assistance and Self-De- termination Act of 1996’.’’ FINDINGS OF 2005 AMENDMENT Pub. L. 109–136, § 2, Dec. 22, 2005, 119 Stat. 2643, pro- vided that: ‘‘Congress finds that— ‘‘(1) there exist— ‘‘(A) a unique relationship between the Govern- ment of the United States and the governments of Indian tribes; and ‘‘(B) a unique Federal trust responsibility to In- dian people; ‘‘(2) Native Americans experience some of the worst housing conditions in the country, with— ‘‘(A) 32.6 percent of Native homes being over- crowded; ‘‘(B) 33 percent lacking adequate solid waste man- agement systems; ‘‘(C) 8 percent lacking a safe indoor water supply; and ‘‘(D) approximately 90,000 Native families who are homeless or underhoused; ‘‘(3) the poverty rate for Native Americans is twice that of the rest of the population of the United States; ‘‘(4) the population growth of Native Americans that began in the latter part of the 20th century in- creased the need for Federal housing services; ‘‘(5)(A) under the requirements of the Native Amer- ican Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), members of Indian tribes are given preference for housing programs; ‘‘(B) a primary purpose of the Act is to allow Indian tribes to leverage funds with other Federal and pri- vate funds; ‘‘(C) the Department of Agriculture has been a sig- nificant funding source for housing for Indian tribes; ‘‘(D) to allow assistance provided under the Act and assistance provided by the Secretary of Agriculture under other law to be combined to meet the severe housing needs of Indian tribes, the Housing Act of 1949 (42 U.S.C. 1471 [1441] et seq.) should be amended to allow for the preference referred to in subpara- graph (A) by granting an exemption from title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.); and ‘‘(E) federally recognized Indian tribes exercising powers of self-government are governed by the Indian Civil Rights Act (25 U.S.C. 1301 et seq.); and ‘‘(6) section 457 of the Cranston-Gonzales [Cranston- Gonzalez] National Affordable Housing Act (42 U.S.C. 12899f) should be amended to include Indian tribes, tribally designated housing entities, or other agen- cies that primarily serve Indians as eligible appli- cants for YouthBuild grants.’’ Page 633 TITLE 25—INDIANS § 4103 § 4102. Administration through Office of Native American Programs The Secretary of Housing and Urban Develop- ment shall carry out this chapter through the Office of Native American Programs of the De- partment of Housing and Urban Development. (Pub. L. 104–330, § 3, Oct. 26, 1996, 110 Stat. 4018.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing As- sistance and Self-Determination Act of 1996. For com- plete 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. § 4103. Definitions For purposes of this chapter, the following definitions shall apply: (1) Adjusted income The term ‘‘adjusted income’’ means the an- nual income that remains after excluding the following amounts: (A) Youths, students, and persons with dis- abilities $480 for each member of the family resid- ing in the household (other than the head of the household or the spouse of the head of the household)— (i) who is under 18 years of age; or (ii) who is— (I) 18 years of age or older; and (II) a person with disabilities or a full- time student. (B) Elderly and disabled families $400 for an elderly or disabled family. (C) Medical and attendant expenses The amount by which 3 percent of the an- nual income of the family is exceeded by the aggregate of— (i) medical expenses, in the case of an el- derly or disabled family; and (ii) reasonable attendant care and auxil- iary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (including a member who is a person with disabilities) to be em- ployed. (D) Child care expenses Child care expenses, to the extent nec- essary to enable another member of the fam- ily to be employed or to further his or her education. (E) Earned income of minors The amount of any earned income of any member of the family who is less than 18 years of age. (F) Travel expenses Excessive travel expenses, not to exceed $25 per family per week, for employment- or education-related travel. (G) Other amounts Such other amounts as may be provided in the Indian housing plan for an Indian tribe. (2) Affordable housing The term ‘‘affordable housing’’ means hous- ing that complies with the requirements for affordable housing under subchapter II. The term includes permanent housing for homeless persons who are persons with disabilities, transitional housing, and single room occu- pancy housing. (3) Drug-related criminal activity The term ‘‘drug-related criminal activity’’ means the illegal manufacture, sale, distribu- tion, use, or possession with intent to manu- facture, sell, distribute, or use, of a controlled substance (as such term is defined in section 802 of title 21). (4) Elderly families and near-elderly families The terms ‘‘elderly family’’ and ‘‘near-elder- ly family’’ mean a family whose head (or his or her spouse), or whose sole member, is an el- derly person or a near-elderly person, respec- tively. Such terms include 2 or more elderly persons or near-elderly persons living to- gether, and 1 or more such persons living with 1 or more persons determined under the Indian housing plan for the agency to be essential to their care or well-being. (5) Elderly person The term ‘‘elderly person’’ means a person who is at least 62 years of age. (6) Family The term ‘‘family’’ includes a family with or without children, an elderly family, a near- elderly family, a disabled family, and a single person. (7) Grant beneficiary The term ‘‘grant beneficiary’’ means the In- dian tribe or tribes on behalf of which a grant is made under this chapter to a recipient. (8) Housing related community development (A) In general The term ‘‘housing related community de- velopment’’ means any facility, community building, business, activity, or infrastruc- ture that— (i) is owned by an Indian tribe or a trib- ally designated housing entity; (ii) is necessary to the provision of hous- ing in an Indian area; and (iii)(I) would help an Indian tribe or trib- ally designated housing entity to reduce the cost of construction of Indian housing; (II) would make housing more affordable, accessible, or practicable in an Indian area; or (III) would otherwise advance the pur- poses of this chapter. (B) Exclusion The term ‘‘housing and community devel- opment’’ does not include any activity con-