25 U.S.C. § 4152 — Allocation formula

Page 652 TITLE 25—INDIANS § 4145d 12899h–1 of Title 42, amended provisions set out as a note under section 11301 of Title 42, and repealed provi- sions set out as a note under section 1701z–6 of Title 12, Banks and Banking. In addition to enacting subchapter VII, title VII amended sections 1715z–13a and 1721 of Title 12 and sections 11902 to 11905 of Title 42. For com- plete classification of titles I to VIII to the Code, see Short Title note set out under section 4101 of this title and Tables. Section 4136 of this title, referred to in subsec. (b)(11), related to certification of compliance with subsidy layering requirements and was repealed by Pub. L. 106–568, title X, § 1003(k)(2), Dec. 27, 2000, 114 Stat. 2930 and Pub. L. 106–569, title V, § 503(j)(2), Dec. 27, 2000, 114 Stat. 2966. § 4145d. Review and report (a) Review During calendar year 2011, the Secretary shall conduct a review of the results achieved by the program under this part to determine— (1) the housing constructed, acquired, or re- habilitated under the program; (2) the effects of the housing described in paragraph (1) on costs to low-income families of affordable housing; (3) the effectiveness of each recipient in achieving the results intended to be achieved, as described in the Indian housing plan for the Indian tribe; and (4) the need for, and effectiveness of, extend- ing the duration of the program and increas- ing the amount of grants under section 4111 of this title that may be used under the program. (b) Report Not later than December 31, 2011, the Sec- retary shall submit to Congress a report describ- ing the information obtained pursuant to the re- view under subsection (a) (including any conclu- sions and recommendations of the Secretary with respect to the program under this part), in- cluding— (1) recommendations regarding extension of the program for subsequent fiscal years and increasing the amounts under section 4145a(c) of this title that may be used under the pro- gram; and (2) recommendations for— (A)(i) specific Indian tribes or recipients that should be prohibited from participating in the program for failure to achieve results; and (ii) the period for which such a prohibition should remain in effect; or (B) standards and procedures by which In- dian tribes or recipients may be prohibited from participating in the program for failure to achieve results. (c) Provision of information to Secretary Notwithstanding any other provision of this chapter, recipients participating in the program under this part shall provide such information to the Secretary as the Secretary may request, in sufficient detail and in a timely manner suffi- cient to ensure that the review and report re- quired by this section is accomplished in a time- ly manner. (Pub. L. 104–330, title II, § 235, as added Pub. L. 110–411, title II, § 206(a)(2), Oct. 14, 2008, 122 Stat. 4328.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), 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. SUBCHAPTER III—ALLOCATION OF GRANT AMOUNTS § 4151. Annual allocation For each fiscal year, the Secretary shall allo- cate any amounts made available for assistance under this chapter for the fiscal year, in accord- ance with the formula established pursuant to section 4152 of this title, among Indian tribes that comply with the requirements under this chapter for a grant under this chapter. (Pub. L. 104–330, title III, § 301, Oct. 26, 1996, 110 Stat. 4036.) 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. § 4152. 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, establish a formula to provide for allo- cating 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 hous- ing and other demographic data collection methodologies under which the organiza- tion, 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 deter- mination of need described in subsection (b); and (ii) develop and recommend methodolo- gies for collecting data on any of those Page 653 TITLE 25—INDIANS § 4152 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 re- flect the need of the Indian tribes and the Indian areas of the tribes for assistance for affordable housing activities, including the following fac- tors: (1)(A) The number of low-income housing dwelling units developed under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), pursuant to a contract between an In- dian housing authority for the tribe and the Secretary, that are owned or operated by a re- cipient on the October 1 of the calendar year immediately preceding the year for which funds are provided, subject to the condition that such a unit shall not be considered to be a low-income housing dwelling unit for pur- poses of this section if— (i) the recipient ceases to possess the legal right to own, operate, or maintain the unit; or (ii) the unit is lost to the recipient by con- veyance, demolition, or other means. (B) If the unit is a homeownership unit not conveyed within 25 years from the date of full availability, the recipient shall not be consid- ered to have lost the legal right to own, oper- ate, or maintain the unit if the unit has not been conveyed to the homebuyer for reasons beyond the control of the recipient. (C) If the unit is demolished and the recipi- ent rebuilds the unit within 1 year of demoli- tion of the unit, the unit may continue to be considered a low-income housing dwelling unit for the purpose of this paragraph. (D) In this paragraph, the term ‘‘reasons be- yond the control of the recipient’’ means, after making reasonable efforts, there re- main— (i) delays in obtaining or the absence of title status reports; (ii) incorrect or inadequate legal descrip- tions or other legal documentation nec- essary for conveyance; (iii) clouds on title due to probate or intes- tacy or other court proceedings; or (iv) any other legal impediment. (E) Subparagraphs (A) through (D) shall not apply to any claim arising from a formula cur- rent assisted stock calculation or count in- volving an Indian housing block grant alloca- tion for any fiscal year through fiscal year 2008, if a civil action relating to the claim is filed by not later than 45 days after October 14, 2008. (2) The extent of poverty and economic dis- tress and the number of Indian families within Indian areas of the tribe. (3) Other objectively measurable conditions as the Secretary and the Indian tribes may specify. (c) Other factors for consideration In establishing the formula, the Secretary shall consider— (1) the relative administrative capacities and other challenges faced by the recipient, including, but not limited to geographic dis- tribution within the Indian area and technical capacity; and (2) the extent to which terminations of as- sistance under subchapter V will affect fund- ing available to State recognized tribes. (d) Funding for public housing operation and modernization (1) Full funding (A) In general Except with respect to an Indian tribe de- scribed in subparagraph (B), the formula shall provide that, if, in any fiscal year, the total amount made available for assistance under this chapter is equal to or greater than the total amount made available for fiscal year 1996 for assistance for the oper- ation and modernization of public housing developed or operated pursuant to a contract between the Secretary and an Indian hous- ing authority pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the amount provided for such fiscal year for each Indian tribe for which such operating or modernization assistance was provided for fiscal year 1996 shall not be less than the total amount of such operating and mod- ernization assistance provided for fiscal year 1996 for such tribe. (B) Certain Indian tribes With respect to fiscal year 2001 and each fiscal year thereafter, for any Indian tribe with an Indian housing authority that owns or operates fewer than 250 public housing units, the formula shall provide that if the amount provided for a fiscal year in which the total amount made available for assist- ance under this chapter is equal to or great- er than the amount made available for fiscal year 1996 for assistance for the operation and modernization of the public housing referred to in subparagraph (A), then the amount provided to that Indian tribe as moderniza- tion assistance shall be equal to the average annual amount of funds provided to the In- dian tribe (other than funds provided as emergency assistance) under the assistance program under section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) for the period beginning with fiscal year 1992 and ending with fiscal year 1997. (2) Partial funding The formula shall provide that, if, in any fis- cal year, the total amount made available for assistance under this chapter is less than the total amount made available for fiscal year 1996 for assistance for the operation and mod- ernization of public housing developed or oper- ated pursuant to a contract between the Sec- retary and an Indian housing authority pursu- ant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], the amount provided for such fiscal year for each Indian tribe for Page 654 TITLE 25—INDIANS § 4161 which such operating or modernization assist- ance was provided for fiscal year 1996 shall not be less than the amount that bears the same ratio to the total amount available for assist- ance under this chapter for such fiscal year that the amount of operating and moderniza- tion assistance provided for the tribe for fiscal year 1996 bears to the total amount made available for fiscal year 1996 for assistance for the operation and modernization of such pub- lic housing. (e) Effective date This section shall take effect on October 26, 1996. (Pub. L. 104–330, title III, § 302, Oct. 26, 1996, 110 Stat. 4036; Pub. L. 106–568, title X, § 1003(g), Dec. 27, 2000, 114 Stat. 2928; Pub. L. 106–569, title V, § 503(f), Dec. 27, 2000, 114 Stat. 2964; Pub. L. 110–411, title III, § 301, Oct. 14, 2008, 122 Stat. 4329.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (d), 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. The United States Housing Act of 1937, referred to in subsecs. (b)(1)(A) and (d), 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. Section 14 of the Act, which was classified to section 1437l of Title 42, was repealed by Pub. L. 105–276, title V, § 522(a), Oct. 21, 1998, 112 Stat. 2564. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables. Subchapter V, referred to in subsec. (c)(2), was in the original ‘‘title V’’, meaning title V of Pub. L. 104–330, which enacted subchapter V of this chapter and section 12899h–1 of Title 42, The Public Health and Welfare, amended sections 1437a, 1437c to 1437e, 1437g, 1437l, 1437n, 1437u to 1437x, 1437aaa–5, 1437aaa–6, 1439, 11371 to 11376, 11382, 11401, 11403g, 11408, 11903a, 12747, and 12838 of Title 42, repealed sections 1437aa to 1437ee of Title 42, enacted provisions set out as notes under sections 11371, 12747, and 12899h–1 of Title 42, amended provisions set out as a note under section 11301 of Title 42, and re- pealed provisions set out as a note under section 1701z–6 of Title 12, Banks and Banking. For complete classi- fication of title V to the Code, see Tables. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–411, § 301(1), designated existing provisions as par. (1), inserted heading, and added par. (2). Subsec. (b)(1). Pub. L. 110–411, § 301(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘The number of low-income housing dwelling units owned or operated at the time pursuant to a contract between an Indian housing authority for the tribe and the Secretary.’’ 2000—Subsec. (d)(1). Pub. L. 106–568, § 1003(g)(1), and Pub. L. 106–569, § 503(f)(1), which directed identical amendment of par. (1) by substituting subpar. (A) des- ignation, heading, and ‘‘Except with respect to an In- dian tribe described in subparagraph (B), the formula’’ for ‘‘The formula,’’, were executed by making the sub- stitution for ‘‘The formula’’ to reflect the probable in- tent of Congress. Subsec. (d)(1)(B). Pub. L. 106–568, § 1003(g)(2), and Pub. L. 106–569, § 503(f)(2), amended par. (1) identically, add- ing subpar. (B). SUBCHAPTER IV—COMPLIANCE, AUDITS, AND REPORTS § 4161. Remedies for noncompliance (a) Actions by Secretary affecting grant amounts (1) In general Except as provided in subsection (b), if the Secretary finds after reasonable notice and op- portunity for hearing that a recipient of as- sistance under this chapter has failed to com- ply substantially with any provision of this chapter, the Secretary shall— (A) terminate payments under this chapter to the recipient; (B) reduce payments under this chapter to the recipient by an amount equal to the amount of such payments that were not ex- pended in accordance with this chapter; (C) limit the availability of payments under this chapter to programs, projects, or activities not affected by such failure to comply; or (D) in the case of noncompliance described in section 4162(b) of this title, provide a re- placement tribally designated housing enti- ty for the recipient, under section 4162 of this title. (2) Substantial noncompliance The failure of a recipient to comply with the requirements of section 4152(b)(1) of this title regarding the reporting of low-income dwell- ing units shall not, in itself, be considered to be substantial noncompliance for purposes of this subchapter. (3) Continuance of actions If the Secretary takes an action under sub- paragraph (A), (B), or (C) of paragraph (1), the Secretary shall continue such action until the Secretary determines that the failure to com- ply has ceased. (4) Exception for certain actions (A) In general Notwithstanding any other provision of this subsection, if the Secretary makes a de- termination that the failure of a recipient of assistance under this chapter to comply sub- stantially with any material provision (as that term is defined by the Secretary) of this chapter is resulting, and would continue to result, in a continuing expenditure of Federal funds in a manner that is not au- thorized by law, the Secretary may take an action described in paragraph (1)(C) before conducting a hearing. (B) Procedural requirement If the Secretary takes an action described in subparagraph (A), the Secretary shall— (i) provide notice to the recipient at the time that the Secretary takes that action; and (ii) conduct a hearing not later than 60 days after the date on which the Secretary provides notice under clause (i). (C) Determination Upon completion of a hearing under this paragraph, the Secretary shall make a deter-