25 U.S.C. § 4132 — Eligible affordable housing activities

Page 645 TITLE 25—INDIANS § 4132 1 So in original. Two pars. (6) have been enacted. full-time by a Federal, State, county or tribal government, and in implementing such full- time employment is sworn to uphold, and make arrests for violations of Federal, State, county or tribal law, if the recipient deter- mines that the presence of the law enforce- ment officer on the Indian reservation or other Indian area may deter crime. (6) 1 Preference for tribal members and other Indian families The Indian housing plan for an Indian tribe may require preference, for housing or housing assistance provided through affordable hous- ing activities assisted with grant amounts pro- vided under this chapter on behalf of such tribe, to be given (to the extent practicable) to Indian families who are members of such tribe, or to other Indian families. In any case in which the applicable Indian housing plan for an Indian tribe provides for preference under this paragraph, the recipient for the tribe shall ensure that housing activities that are assisted with grant amounts under this chap- ter for such tribe are subject to such pref- erence. (6) 1 Exemption 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.] shall not apply to actions by federally recognized tribes and the tribally designated housing en- tities of those tribes under this chapter. (Pub. L. 104–330, title II, § 201, Oct. 26, 1996, 110 Stat. 4031; Pub. L. 105–276, title V, § 595(e)(7), Oct. 21, 1998, 112 Stat. 2657; Pub. L. 106–377, § 1(a)(1) [title II, § 210], Oct. 27, 2000, 114 Stat. 1441, 1441A–26; Pub. L. 106–568, title X, § 1003(e), Dec. 27, 2000, 114 Stat. 2926; Pub. L. 110–411, title II, § 201, Oct. 14, 2008, 122 Stat. 4324.) 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. The Civil Rights Act of 1964, referred to in subsec. (b)(6), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. The Civil Rights Act of 1968, referred to in subsec. (b)(6), is Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 73. Title VIII of the Act, known as the Fair Housing Act, is clas- sified principally to subchapter I (§ 3601 et seq.) of chap- ter 45 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3601 of Title 42 and Tables. AMENDMENTS 2008—Subsec. (b)(1). Pub. L. 110–411, § 201(1), inserted ‘‘and except with respect to loan guarantees under the demonstration program under subchapter VI,’’ after ‘‘paragraphs (2) and (4),’’. Subsec. (b)(2). Pub. L. 110–411, § 201(2), added subpar. (A), designated second sentence as subpar. (B) and in- serted heading, and struck out former first sentence which read as follows: ‘‘A recipient may provide assist- ance for homeownership activities under section 4132(2) of this title, model activities under section 4132(6) of this title, or loan guarantee activities under sub- chapter VI of this chapter to Indian families who are not low-income families, to the extent that the Sec- retary approves the activities pursuant to such section or subchapter because there is a need for housing for such families that cannot reasonably be met without such assistance.’’ Subsec. (b)(3). Pub. L. 110–411, § 201(3), substituted ‘‘Essential’’ for ‘‘Non-Indian’’ in heading and ‘‘for a family’’ for ‘‘for a non-Indian family’’ in text. Subsec. (b)(4)(A)(i). Pub. L. 110–411, § 201(4), inserted ‘‘or other unit of local government,’’ after ‘‘county,’’. 2000—Subsec. (b)(1). Pub. L. 106–568, § 1003(e)(1), sub- stituted ‘‘paragraphs (2) and (4)’’ for ‘‘paragraph (2)’’. Subsec. (b)(4). Pub. L. 106–568, § 1003(e)(3), added par. (4). Former par. (4) redesignated (5). Pub. L. 106–377, § 1(a)(1) [title II, § 210(2)], added par. (4). Former par. (4) redesignated (5). Subsec. (b)(5). Pub. L. 106–568, § 1003(e)(2), redesig- nated par. (4) as (5). Former par. (5) redesignated (6). Pub. L. 106–377, § 1(a)(1) [title II, § 210(1)], redesignated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (b)(6). Pub. L. 106–568, § 1003(e)(2), redesig- nated par. (5), relating to preference for tribal members and other Indian families, as (6). Pub. L. 106–377, § 1(a)(1) [title II, § 210(1)], redesignated par. (5), relating to exemption, as (6). 1998—Subsec. (b)(5). Pub. L. 105–276 substituted ‘‘fed- erally recognized tribes and the tribally designated housing entities of those tribes’’ for ‘‘Indian tribes’’ and ‘‘chapter’’ for ‘‘subsection’’. 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. § 4132. Eligible affordable housing activities Affordable housing activities under this sub- chapter are activities, in accordance with the requirements of this subchapter, to develop, op- erate, maintain, or support affordable housing for rental or homeownership, or to provide hous- ing services with respect to affordable housing, through the following activities: (1) Indian housing assistance The provision of modernization or operating assistance for housing previously developed or operated pursuant to a contract between the Secretary and an Indian housing authority. (2) Development The acquisition, new construction, recon- struction, or moderate or substantial rehabili- tation of affordable housing, which may in- clude real property acquisition, site improve- ment, development and rehabilitation of utili- ties, necessary infrastructure, and utility services, conversion, demolition, financing, administration and planning, improvement to achieve greater energy efficiency, mold reme- diation, and other related activities. (3) Housing services The provision of housing-related services for affordable housing, such as housing counseling in connection with rental or homeownership Page 646 TITLE 25—INDIANS § 4132 1 See References in Text note below. assistance, establishment and support of resi- dent organizations and resident management corporations, energy auditing, activities re- lated to the provision of self-sufficiency and other services, and other services related to assisting owners, tenants, contractors, and other entities, participating or seeking to par- ticipate in other housing activities assisted pursuant to this section. (4) Housing management services The provision of management services for af- fordable housing, including preparation of work specifications, loan processing, inspec- tions, tenant selection, management of ten- ant-based rental assistance, the costs of oper- ation and maintenance of units developed with funds provided under this chapter, and man- agement of affordable housing projects. (5) Crime prevention and safety activities The provision of safety, security, and law en- forcement measures and activities appropriate to protect residents of affordable housing from crime. (6) Model activities Housing activities under model programs that are designed to carry out the purposes of this chapter and are specifically approved by the Secretary as appropriate for such purpose. (7) Community development demonstration project (A) In general Consistent with principles of Indian self- determination and the findings of this chap- ter, the Secretary shall conduct and submit to Congress a study of the feasibility of es- tablishing a demonstration project in which Indian tribes, tribal organizations, or tribal consortia are authorized to expend amounts received pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 in order to de- sign, implement, and operate community de- velopment demonstration projects. (B) Study Not later than 1 year after November 13, 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Finan- cial Services and the Committee on Re- sources of the House of Representatives. (8) Self-Determination Act demonstration project (A) In general Consistent with the provisions of the In- dian Self-Determination and Education As- sistance Act (25 U.S.C. 450 et seq.),1 the Sec- retary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes and tribal organizations are authorized to receive assistance in a manner that maxi- mizes tribal authority and decision-making in the design and implementation of Federal housing and related activity funding. (B) Study Not later than 1 year after November 13, 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Finan- cial Services and the Committee on Re- sources of the House of Representatives. (9) Reserve accounts (A) In general Subject to subparagraph (B), the deposit of amounts, including grant amounts under section 4111 of this title, in a reserve account established for an Indian tribe only for the purpose of accumulating amounts for admin- istration and planning relating to affordable housing activities under this section, in ac- cordance with the Indian housing plan of the Indian tribe. (B) Maximum amount A reserve account established under sub- paragraph (A) shall consist of not more than an amount equal to 1⁄4 of the 5-year average of the annual amount used by a recipient for administration and planning under para- graph (2). (Pub. L. 104–330, title II, § 202, Oct. 26, 1996, 110 Stat. 4032; Pub. L. 107–292, § 8, Nov. 13, 2002, 116 Stat. 2055; Pub. L. 109–58, title V, § 506(b), Aug. 8, 2005, 119 Stat. 779; Pub. L. 110–411, title II, § 202, Oct. 14, 2008, 122 Stat. 4325.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (4), (6), and (7)(A), 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 Native American Housing Assistance and Self- Determination Reauthorization Act of 2002, referred to in par. (7)(A), is Pub. L. 107–292, Nov. 13, 2002, 116 Stat. 2053. For complete classification of this Act to the Code, see Short Title of 2002 Amendment note set out under section 4101 of this title and Tables. The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in par. (8)(A), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassifica- tion as chapter 46 (§ 5301 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. AMENDMENTS 2008—Pub. L. 110–411, § 202(1), substituted ‘‘to develop, operate, maintain, or support’’ for ‘‘to develop or to support’’ in introductory provisions. Par. (2). Pub. L. 110–411, § 202(2), substituted ‘‘develop- ment and rehabilitation of utilities, necessary infra- structure,’’ for ‘‘development of utilities’’ and inserted ‘‘mold remediation,’’ after ‘‘energy efficiency,’’. Par. (4). Pub. L. 110–411, § 202(3), inserted ‘‘the costs of operation and maintenance of units developed with funds provided under this chapter,’’ after ‘‘rental as- sistance,’’. Page 647 TITLE 25—INDIANS § 4134 Par. (9). Pub. L. 110–411, § 202(4), added par. (9). 2005—Par. (2). Pub. L. 109–58, which directed amend- ment of section 202 of the Native American Housing and Self-Determination Act of 1996 by inserting ‘‘im- provement to achieve greater energy efficiency,’’ after ‘‘planning,’’ in par. (2), was executed by making the in- sertion in par. (2) of this section, which is section 202 of the Native American Housing Assistance and Self- Determination Act of 1996, to reflect the probable in- tent of Congress. 2002—Pars. (7), (8). Pub. L. 107–292 added pars. (7) and (8). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. 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. § 4133. Program requirements (a) Rents (1) Establishment Subject to paragraph (2), each recipient shall develop written policies governing rents and homebuyer payments charged for dwelling units assisted under this chapter, including the methods by which such rents and home- buyer payments are determined. (2) Maximum rent In the case of any low-income family resid- ing in a dwelling unit assisted with grant amounts under this chapter, the monthly rent or homebuyer payment (as applicable) for such dwelling unit may not exceed 30 percent of the monthly adjusted income of such family. (b) Maintenance and efficient operation Each recipient who owns or operates (or is re- sponsible for funding any entity that owns or operates) housing developed or operated pursu- ant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] shall, using amounts of any grants received under this chapter, reserve and use for operating assistance under section 4132(1) of this title such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing. This subsection may not be construed to prevent any recipient (or entity funded by a recipient) from demolishing or dis- posing of Indian housing referred to in this sub- section, pursuant to regulations established by the Secretary. (c) Insurance coverage Each recipient shall maintain adequate insur- ance coverage for housing units that are owned or operated or assisted with grant amounts pro- vided under this chapter. (d) Eligibility for admission Each recipient shall develop written policies governing the eligibility, admission, and occu- pancy of families for housing assisted with grant amounts provided under this chapter. (e) Management and maintenance Each recipient shall develop policies gov- erning the management and maintenance of housing assisted with grant amounts under this chapter. (f) Use of grant amounts over extended periods (1) In general To the extent that the Indian housing plan for an Indian tribe provides for the use of amounts of a grant under section 4111 of this title for a period of more than 1 fiscal year, or for affordable housing activities for which the amounts will be committed for use or ex- pended during a subsequent fiscal year, the Secretary shall not require those amounts to be used or committed for use at any time ear- lier than otherwise provided for in the Indian housing plan. (2) Carryover Any amount of a grant provided to an Indian tribe under section 4111 of this title for a fiscal year that is not used by the Indian tribe dur- ing that fiscal year may be used by the Indian tribe during any subsequent fiscal year. (g) De minimis exemption for procurement of goods and services Notwithstanding any other provision of law, a recipient shall not be required to act in accord- ance with any otherwise applicable competitive procurement rule or procedure with respect to the procurement, using a grant provided under this chapter, of goods and services the value of which is less than $5,000. (Pub. L. 104–330, title II, § 203, Oct. 26, 1996, 110 Stat. 4032; Pub. L. 110–411, title II, § 203, Oct. 14, 2008, 122 Stat. 4325.) 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. The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised gen- 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. AMENDMENTS 2008—Subsecs. (f), (g). Pub. L. 110–411 added subsecs. (f) and (g). 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. § 4134. Types of investments (a) In general Subject to section 4133 of this title and the In- dian housing plan for an Indian tribe, the recipi- ent for that tribe shall have—