25 USC 4104 - Waiver of matching funds requirements in Indian housing programs

Collapse to view only § 4104. Waiver of matching funds requirements in Indian housing programs

§ 4101. Congressional findings
§ 4102. Administration through Office of Native American Programs
§ 4103. Definitions
§ 4104. Waiver of matching funds requirements in Indian housing programs

§ 4101. Congressional findingsThe Congress finds that—

(1) the Federal Government has a responsibility to promote the general welfare of the Nation—

(A) by using Federal resources to aid families and individuals seeking affordable homes in safe and healthy environments and, in particular, assisting responsible, deserving citizens who cannot provide fully for themselves because of temporary circumstances or factors beyond their control;

(B) by working to ensure a thriving national economy and a strong private housing market; and

(C) by developing effective partnerships among the Federal Government, State, tribal, and local governments, and private entities that allow government to accept responsibility for fostering the development of a healthy marketplace and allow families to prosper without government involvement in their day-to-day activities;

(2) there exists a unique relationship between the Government of the United States and the governments of Indian tribes and a unique Federal responsibility to Indian people;

(3) the Constitution of the United States invests the Congress with plenary power over the field of Indian affairs, and through treaties, statutes, and historical relations with Indian tribes, the United States has undertaken a unique trust responsibility to protect and support Indian tribes and Indian people;

(4) the Congress, through treaties, statutes, and the general course of dealing with Indian tribes, has assumed a trust responsibility for the protection and preservation of Indian tribes and for working with tribes and their members to improve their housing conditions and socioeconomic status so that they are able to take greater responsibility for their own economic condition;

(5) providing affordable homes in safe and healthy environments is an essential element in the special role of the United States in helping tribes and their members to improve their housing conditions and socioeconomic status;

(6) the need for affordable homes in safe and healthy environments on Indian reservations, in Indian communities, and in Native Alaskan villages is acute and the Federal Government shall work not only to provide housing assistance, but also, to the extent practicable, to assist in the development of private housing finance mechanisms on Indian lands to achieve the goals of economic self-sufficiency and self-determination for tribes and their members; and

(7) Federal assistance to meet these responsibilities shall be provided in a manner that recognizes the right of Indian self-determination and tribal self-governance by making such assistance available directly to the Indian tribes or tribally designated entities under authorities similar to those accorded Indian tribes in Public Law 93–638 (25 U.S.C. 450 et seq.).1

1 See References in Text note below.

(Pub. L. 104–330, § 2, Oct. 26, 1996, 110 Stat. 4017; Pub. L. 110–411, § 2, Oct. 14, 2008, 122 Stat. 4320.)

§ 4102. Administration through Office of Native American Programs

The Secretary of Housing and Urban Development shall carry out this chapter through the Office of Native American Programs of the Department of Housing and Urban Development.

(Pub. L. 104–330, § 3, Oct. 26, 1996, 110 Stat. 4018.)

§ 4103. DefinitionsFor purposes of this chapter, the following definitions shall apply:

(1) Adjusted incomeThe term “adjusted income” means the annual income that remains after excluding the following amounts:

(A) Youths, students, and persons with disabilities$480 for each member of the family residing in the household (other than the head of the household or the spouse of the head of the household)—

(i) who is under 18 years of age; or

(ii) who is—(I) 18 years of age or older; and(II) a person with disabilities or a full-time student.

(B) Elderly and disabled families

(C) Medical and attendant expensesThe amount by which 3 percent of the annual income of the family is exceeded by the aggregate of—

(i) medical expenses, in the case of an elderly or disabled family; and

(ii) reasonable attendant care and auxiliary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (including a member who is a person with disabilities) to be employed.

(D) Child care expenses

(E) Earned income of minors

(F) Travel expenses

(G) Other amounts

(2) Affordable housing

(3) Drug-related criminal activity

(4) Elderly families and near-elderly families

(5) Elderly person

(6) Family

(7) Grant beneficiary

(8) Housing related community development

(A) In generalThe term “housing related community development” means any facility, community building, business, activity, or infrastructure that—

(i) is owned by an Indian tribe or a tribally designated housing entity;

(ii) is necessary to the provision of housing in an Indian area; and

(iii)(I) would help an Indian tribe or tribally designated housing entity to reduce the cost of construction of Indian housing;(II) would make housing more affordable, accessible, or practicable in an Indian area; or(III) would otherwise advance the purposes of this chapter.

(B) Exclusion

(9) IncomeThe term “income” means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, except that the following amounts may not be considered as income under this paragraph:

(A) Any amounts not actually received by the family.

(B) Any amounts that would be eligible for exclusion under section 1382b(a)(7) of title 42.

(C) Any amounts received by any member of the family as disability compensation under chapter 11 of title 38 or dependency and indemnity compensation under chapter 13 of such title.

(10) Indian

(11) Indian area

(12) Indian housing plan

(13) Indian tribe

(A) In general

(B) Federally recognized tribe

(i) In generalThe term “State recognized tribe” means any tribe, band, nation, pueblo, village, or community—(I) that has been recognized as an Indian tribe by any State; and(II) for which an Indian Housing Authority has, before the effective date under section 705, entered into a contract with the Secretary pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] for housing for Indian families and has received funding pursuant to such contract within the 5-year period ending upon such effective date.

(ii) ConditionsNotwithstanding clause (i)—(I) the allocation formula under section 4152 of this title shall be determined for a State recognized tribe under tribal membership eligibility criteria in existence on October 26, 1996; and(II) nothing in this paragraph shall be construed to confer upon a State recognized tribe any rights, privileges, responsibilities, or obligations otherwise accorded groups recognized as Indian tribes by the United States for other purposes.

(14) Low-income family

(15) Median incomeThe term “median income” means, with respect to an area that is an Indian area, the greater of—

(A) the median income for the Indian area, which the Secretary shall determine; or

(B) the median income for the United States.

(16) Near-elderly person

(17) Nonprofit

(18) Person with disabilitiesThe term “person with disabilities” means a person who—

(A) has a disability as defined in section 423 of title 42;

(B) is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which—

(i) is expected to be of long-continued and indefinite duration;

(ii) substantially impedes his or her ability to live independently; and

(iii) is of such a nature that such ability could be improved by more suitable housing conditions; or

Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for housing assisted under this chapter, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.

(19) Recipient

(20) Secretary

(21) State

(22) Tribally designated housing entityThe terms “tribally designated housing entity” and “housing entity” have the following meaning:

(A) Existing IHA’sWith respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority—

(i) was established for purposes of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before October 26, 1996, that meets the requirements under the United States Housing Act of 1937,

(ii) is acting on October 26, 1996, as the Indian housing authority for the tribe, and

(iii) is not an Indian tribe for purposes of this chapter,

the terms mean such Indian housing authority.

(B) Other entitiesWith respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established—

(i) by exercise of the power of self-government of one or more Indian tribes independent of State law, or

(ii) by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,

the terms mean such entity.

(Pub. L. 104–330, § 4, Oct. 26, 1996, 110 Stat. 4018; Pub. L. 105–256, § 13(b), Oct. 14, 1998, 112 Stat. 1900; Pub. L. 105–276, title V, § 595(e)(1), (2), Oct. 21, 1998, 112 Stat. 2656; Pub. L. 106–402, title IV, § 401(b)(2), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 107–292, § 3, Nov. 13, 2002, 116 Stat. 2053; Pub. L. 110–411, § 3, Oct. 14, 2008, 122 Stat. 4320; Pub. L. 111–269, § 2, Oct. 12, 2010, 124 Stat. 2850.)

§ 4104. Waiver of matching funds requirements in Indian housing programs

(a) Authorization of waiver

(b) Extent of waiver

(Pub. L. 101–625, title IX, § 959, Nov. 28, 1990, 104 Stat. 4423.)