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 shall take effect not later than the effective date of this chapter. (2) Negotiated rulemaking procedure (A) In general Notwithstanding sections 563(a) and 565(a) of title 5, all regulations required under this chapter, including any regulations that may be required pursuant to amendments made to this chapter after October 26, 1996, shall be issued according to a negotiated rule- making procedure under subchapter III of chapter 5 of title 5. (B) Committee (i) In general Not later than 180 days after the date of enactment of the Native American Hous- ing Assistance and Self-Determination Re- authorization Act of 2008 and any other Act to reauthorize this chapter, the Sec- retary shall establish a negotiated rule- making committee, in accordance with the procedures under that subchapter, for the development of proposed regulations under subparagraph (A). (ii) Adaptation In establishing the negotiated rule- making committee, the Secretary shall— (I) adapt the procedures under the sub- chapter described in clause (i) to the unique government-to-government rela- tionship between the Indian tribes and the United States, and shall ensure that the membership of the committee in- clude only representatives of the Federal Government and of geographically di- verse small, medium, and large Indian tribes; and (II) shall not preclude the participa- tion of tribally designated housing enti- ties should tribes elect to be represented by such entities. (C) Subsequent negotiated rulemaking The Secretary shall— (i) initiate a negotiated rulemaking in accordance with this section by not later than 90 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthor- ize this chapter; and (ii) promulgate regulations pursuant to this section by not later than 2 years after the date of enactment of the Native Amer- ican Housing Assistance and Self-Deter- mination Reauthorization Act of 2008 and any other Act to reauthorize this chapter. (D) Review Not less frequently than once every 7 years, the Secretary, in consultation with Indian tribes, shall review the regulations promulgated pursuant to this section in ef- fect on the date on which the review is con- ducted. (c) Effective date This section shall take effect on October 26, 1996. (Pub. L. 104–330, title I, § 106, Oct. 26, 1996, 110 Stat. 4029; Pub. L. 107–292, § 6, Nov. 13, 2002, 116 Stat. 2054; Pub. L. 110–411, title I, § 105, Oct. 14, 2008, 122 Stat. 4324.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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. For the effective date of this chapter, referred to in subsecs. (a)(1) and (b)(1), as Oct. 1, 1997, except as other- wise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of this title. The United States Housing Act of 1937, referred to in subsec. (a)(1), is act Sept. 1, 1937, ch. 896, as revised gen- Page 644 TITLE 25—INDIANS § 4117 erally 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 Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables. The date of enactment of the Native American Hous- ing Assistance and Self-Determination Reauthorization Act of 2008, referred to in subsec. (b)(2)(B)(i), (C), is the date of enactment of Pub. L. 110–411, which was ap- proved Oct. 14, 2008. AMENDMENTS 2008—Subsec. (b)(2)(B)(i). Pub. L. 110–411, § 105(1), sub- stituted ‘‘Not later than 180 days after the date of en- actment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter, the Sec- retary’’ for ‘‘The Secretary’’. Subsec. (b)(2)(C), (D). Pub. L. 110–411, § 105(2), added subpars. (C) and (D). 2002—Subsec. (b)(2)(A). Pub. L. 107–292 inserted ‘‘, including any regulations that may be required pur- suant to amendments made to this chapter after Octo- ber 26, 1996,’’ after ‘‘required under this chapter’’. § 4117. Authorization of appropriations There are authorized to be appropriated for grants under this subchapter such sums as may be necessary for each of fiscal years 2009 through 2013. This section shall take effect on October 26, 1996. (Pub. L. 104–330, title I, § 108, Oct. 26, 1996, 110 Stat. 4030; Pub. L. 107–292, § 2(a), Nov. 13, 2002, 116 Stat. 2053; Pub. L. 110–411, title VII, § 701(a), Oct. 14, 2008, 122 Stat. 4334.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–411 substituted ‘‘2009 through 2013’’ for ‘‘1998 through 2007’’. 2002—Pub. L. 107–292 substituted ‘‘1998 through 2007’’ for ‘‘1998, 1999, 2000, and 2001’’. SUBCHAPTER II—AFFORDABLE HOUSING ACTIVITIES PART A—GENERAL BLOCK GRANT PROGRAM § 4131. National objectives and eligible families (a) Primary objective The national objectives of this chapter are— (1) to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy envi- ronments on Indian reservations and in other Indian areas for occupancy by low-income In- dian families; (2) to ensure better access to private mort- gage markets for Indian tribes and their mem- bers and to promote self-sufficiency of Indian tribes and their members; (3) to coordinate activities to provide hous- ing for Indian tribes and their members with Federal, State, and local activities to further economic and community development for In- dian tribes and their members; (4) to plan for and integrate infrastructure resources for Indian tribes with housing devel- opment for tribes; and (5) to promote the development of private capital markets in Indian country and to allow such markets to operate and grow, thereby benefiting Indian communities. (b) Eligible families (1) In general Except as provided under paragraphs (2) and (4), and except with respect to loan guarantees under the demonstration program under sub- chapter VI, assistance under eligible housing activities under this chapter shall be limited to low-income Indian families on Indian res- ervations and other Indian areas. (2) Exception to low-income requirement (A) Exception to requirement Notwithstanding paragraph (1), a recipient may provide housing or housing assistance through affordable housing activities for which a grant is provided under this chapter to any family that is not a low-income fam- ily, to the extent that the Secretary ap- proves the activities due to a need for hous- ing for those families that cannot reason- ably be met without that assistance. (B) Limits The Secretary shall establish limits on the amount of assistance that may be provided under this chapter for activities for families who are not low-income families. (3) Essential families Notwithstanding paragraph (1), a recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this chap- ter for a family on an Indian reservation or other Indian area if the recipient determines that the presence of the family on the Indian reservation or other Indian area is essential to the well-being of Indian families and the need for housing for the family cannot reasonably be met without such assistance. (4) Law enforcement officers A recipient may provide housing or housing assistance provided through affordable hous- ing activities assisted with grant amounts under this chapter for a law enforcement offi- cer on an Indian reservation or other Indian area, if— (A) the officer— (i) is employed on a full-time basis by the Federal Government or a State, coun- ty, or other unit of local government, or lawfully recognized tribal government; and (ii) in implementing such full-time em- ployment, is sworn to uphold, and make arrests for, violations of Federal, State, county, or tribal law; and (B) the recipient determines that the pres- ence of the law enforcement officer on the Indian reservation or other Indian area may deter crime. (5) Law enforcement officers Notwithstanding paragraph (1), a recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this chap- ter to a law enforcement officer on the res- ervation or other Indian area, who is employed