25 U.S.C. § 4139 — Noncompliance with affordable housing

Page 650 TITLE 25—INDIANS § 4139 and confidentiality is maintained, as required under this section. (Pub. L. 104–330, title II, § 208, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(e)(10), Oct. 21, 1998, 112 Stat. 2658; Pub. L. 110–411, title II, § 205, Oct. 14, 2008, 122 Stat. 4326.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), 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. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–411 inserted ‘‘applicants for employment, and of’’ after ‘‘records of’’. 1998—Subsec. (a). Pub. L. 105–276, § 595(e)(10)(A), sub- stituted ‘‘subsection (b)’’ for ‘‘paragraph (2)’’. Subsec. (b). Pub. L. 105–276, § 595(e)(10)(B), substituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’. 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. § 4139. Noncompliance with affordable housing requirement If a recipient uses grant amounts to provide affordable housing under this subchapter, and at any time during the useful life of the housing the recipient does not comply with the require- ment under section 4135(a)(2) of this title, the Secretary shall take appropriate action under section 4161(a) of this title. (Pub. L. 104–330, title II, § 209, Oct. 26, 1996, 110 Stat. 4035; Pub. L. 105–276, title V, § 595(c), Oct. 21, 1998, 112 Stat. 2656; Pub. L. 106–568, title X, § 1003(f)(1), Dec. 27, 2000, 114 Stat. 2927; Pub. L. 106–569, title V, § 503(e)(1), Dec. 27, 2000, 114 Stat. 2962.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–568 and Pub. L. 106–569 generally amended section catchline and text identically. Prior to amendment, text read as follows: ‘‘If a recipient uses grant amounts to provide affordable housing under ac- tivities under this subchapter and, at any time during the useful life of the housing the housing does not com- ply with the requirement under section 4135(a)(2) of this title, the Secretary shall reduce future grant payments on behalf of the grant beneficiary by an amount equal to the grant amounts used for such housing (under the authority under section 4161(a)(2) of this title) or re- quire repayment to the Secretary of an amount equal to such grant amounts.’’ 1998—Pub. L. 105–276 made technical amendment to reference in original act which appears in text as ref- erence to section 4135(a)(2) of this title. 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. § 4140. Continued use of amounts for affordable housing Any funds for programs for low-income hous- ing under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] that, on the date of the applicability of this chapter to an Indian tribe, are owned by, or in the possession or under the control of, the Indian housing authority for the tribe, including all reserves not otherwise obli- gated, shall be considered assistance under this chapter and subject to the provisions of this chapter relating to use of such assistance. (Pub. L. 104–330, title II, § 210, Oct. 26, 1996, 110 Stat. 4036.) 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. The date of the applicability of this chapter, referred to in text, probably means the effective date of Pub. L. 104–330, which is 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. 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. PART B—SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES § 4145. Purpose The purpose of this part is to establish a pro- gram for self-determined housing activities for the tribal communities to provide Indian tribes with the flexibility to use a portion of the grant amounts under section 4111 of this title for the Indian tribe in manners that are wholly self-de- termined by the Indian tribe for housing activi- ties involving construction, acquisition, reha- bilitation, or infrastructure relating to housing activities or housing that will benefit the com- munity served by the Indian tribe. (Pub. L. 104–330, title II, § 231, as added Pub. L. 110–411, title II, § 206(a)(2), Oct. 14, 2008, 122 Stat. 4326.) § 4145a. Program authority (a) Definition of qualifying Indian tribe In this section, the term ‘‘qualifying Indian tribe’’ means, with respect to a fiscal year, an Indian tribe or tribally designated housing enti- ty—