25 U.S.C. § 4112

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 4112 - Indian housing plans

(a) Plan submission

The Secretary shall provide-

(1)

(A) for an Indian tribe to submit to the Secretary, by not later than 75 days before the beginning of each tribal program year, a 1-year housing plan for the Indian tribe; or

(B) for the tribally designated housing entity for the tribe to submit the plan as provided in subsection (c) for the tribe; and

(2) for the review of such plans.

(b) 1-year plan requirement

(1) In general

A housing plan of an Indian tribe under this section shall-

(A) be in such form as the Secretary may prescribe; and

(B) contain the information described in paragraph (2).

(2) Required information

A housing plan shall include the following information with respect to the tribal program year for which assistance under this chapter is made available:

(A) Description of planned activities

A statement of planned activities, including-

(i) the types of household to receive assistance;

(ii) the types and levels of assistance to be provided;

(iii) the number of units planned to be produced;

(iv)

(I) a description of any housing to be demolished or disposed of;

(II) a timetable for the demolition or disposition; and

(III) any other information required by the Secretary with respect to the demolition or disposition;

(v) a description of the manner in which the recipient will protect and maintain the viability of housing owned and operated by the recipient that was developed under 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.); and

(vi) outcomes anticipated to be achieved by the recipient.

(B) Statement of needs

A statement of the housing needs of the low-income Indian families residing in the jurisdiction of the Indian tribe, and the means by which those needs will be addressed during the applicable period, including-

(i) a description of the estimated housing needs and the need for assistance for the low-income Indian families in the jurisdiction, including a description of the manner in which the geographical distribution of assistance is consistent with the geographical needs and needs for various categories of housing assistance; and

(ii) a description of the estimated housing needs for all Indian families in the jurisdiction.

(C) Financial resources

An operating budget for the recipient, in such form as the Secretary may prescribe, that includes-

(i) an identification and description of the financial resources reasonably available to the recipient to carry out the purposes of this chapter, including an explanation of the manner in which amounts made available will leverage additional resources; and

(ii) the uses to which those resources will be committed, including eligible and required affordable housing activities under subchapter II and administrative expenses.

(D) Certification of compliance

Evidence of compliance with the requirements of this chapter, including, as appropriate-

(i) a certification that, in carrying out this chapter, the recipient will comply with the applicable provisions of title II of the Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) and other applicable Federal laws and regulations;

(ii) a certification that the recipient will maintain adequate insurance coverage for housing units that are owned and operated or assisted with grant amounts provided under this chapter, in compliance with such requirements as the Secretary may establish;

(iii) a certification that policies are in effect and are available for review by the Secretary and the public governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this chapter;

(iv) a certification that policies are in effect and are available for review by the Secretary and the public governing rents and homebuyer payments charged, including the methods by which the rents or homebuyer payments are determined, for housing assisted with grant amounts provided under this chapter;

(v) a certification that policies are in effect and are available for review by the Secretary and the public governing the management and maintenance of housing assisted with grant amounts provided under this chapter; and

(vi) a certification that the recipient will comply with section 4114(b) of this title.

(c) Participation of tribally designated housing entity

A plan under this section for an Indian tribe may be prepared and submitted on behalf of the tribe by the tribally designated housing entity for the tribe, but only if such plan contains a certification by the recognized tribal government of the grant beneficiary that such tribe-

(1) has had an opportunity to review the plan and has authorized the submission of the plan by the housing entity; or

(2) has delegated to such tribally designated housing entity the authority to submit a plan on behalf of the tribe without prior review by the tribe.

(d) Coordination of plans

A plan under this section may cover more than 1 Indian tribe, but only if the certification requirements under subsection (c) are complied with by each such grant beneficiary covered.

(e) Regulations

The requirements relating to the contents of plans under this section shall be established by regulation, pursuant to section 4116 of this title.

25 U.S.C. § 4112

Pub. L. 104-330, title I, §102, Oct. 26, 1996, 110 Stat. 4023; Pub. L. 105-276, title V, §595(e)(5), Oct. 21, 1998, 112 Stat. 2657; Pub. L. 106-568, title X, §1003(b), (c), Dec. 27, 2000, 114 Stat. 2926; Pub. L. 106-569, title V, §503(b), (c), Dec. 27, 2000, 114 Stat. 2962; Pub. L. 110-411, title I, §102, Oct. 14, 2008, 122 Stat. 4321.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning Pub. L. 104-330, 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.The United States Housing Act of 1937, referred to in subsec. (b)(2)(A)(v), 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. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables.The Civil Rights Act of 1968, referred to in subsec. (b)(2)(D)(i), is Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 73. Title II of the Act, popularly known as the Indian Civil Rights Act of 1968, is classified generally to subchapter I (§1301 et seq.) of chapter 15 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of Title 42, The Public Health and Welfare, and Tables.

AMENDMENTS2008-Subsec. (a)(1)(A). Pub. L. 110-411, §102(1)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: "for an Indian tribe to submit to the Secretary, for each fiscal year, a housing plan under this section for the tribe; or".Subsec. (a)(1)(B). Pub. L. 110-411, §102(1)(B), substituted "subsection (c)" for "subsection (d)".Subsecs. (b), (c). Pub. L. 110-411, §102(2), (3), added subsec. (b), redesignated subsec. (d) as (c), and struck out former subsecs. (b) and (c) which required housing plans to contain certain information relating to a 5-year period and a 1-year period, respectively.Subsec. (d). Pub. L. 110-411, §102(3), (4), redesignated subsec. (e) as (d) and substituted "subsection (c)" for "subsection (d)". Former subsec. (d) redesignated (c).Subsecs. (e), (f). Pub. L. 110-411, §102(3), redesignated subsecs. (e) and (f) as (d) and (e), respectively.2000-Subsec. (c)(6). Pub. L. 106-568, §1003(b), and Pub. L. 106-569, §503(b), amended subsec. (c) identically, adding par. (6).Subsecs. (f), (g). Pub. L. 106-568, §1003(c), and Pub. L. 106-569, §503(c), amended section identically, redesignating subsec. (g) as (f) and striking out heading and text of former subsec. (f). Text read as follows:"(1) SEPARATE REQUIREMENTS.-The Secretary may-"(A) establish requirements for submission of plans under this section and the information to be included in such plans applicable to small Indian tribes and small tribally designated housing entities; and"(B) waive any requirements under this section that the Secretary determines are burdensome or unnecessary for such tribes and housing entities."(2) SMALL TRIBES.-The Secretary may define small Indian tribes and small tribally designated housing entities based on the number of dwelling units assisted under this subchapter by the tribe or housing entity or owned or operated pursuant to a contract under the United States Housing Act of 1937 between the Secretary and the Indian housing authority for the tribe."1998-Subsec. (a). Pub. L. 105-276 redesignated par. (1) as (1)(A), par. (2) as (1)(B), and par. (3) as (2), and inserted "or" at end of par. (1)(A).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective on the date provided by the Secretary of Housing and Urban Development pursuant to section 4116(a) of this title to provide for timely submission and review of Indian housing plans as necessary for the provision of assistance under this chapter in fiscal year 1998, see section 4113(e) of this title.

Indian: The term "Indian" means any person who is a member of an Indian tribe.
affordable housing: The term "affordable housing" means housing that complies with the requirements for affordable housing under subchapter II. The term includes permanent housing for homeless persons who are persons with disabilities, transitional housing, and single room occupancy housing.
grant beneficiary: The term "grant beneficiary" means the Indian tribe or tribes on behalf of which a grant is made under this chapter to a recipient.
recipient: The term "recipient" means an Indian tribe or the entity for one or more Indian tribes that is authorized to receive grant amounts under this chapter on behalf of the tribe or tribes.
tribally designated housing entity: The 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.(C) EstablishmentA tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.1 See References in Text note below.
housing entity: The 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.(C) EstablishmentA tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.1 See References in Text note below.