25 U.S.C. § 4117 — Authorization of appropriations

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