25 U.S.C. § 4196
Subject to paragraph (2), to the extent and in such amounts as are provided in appropriation Acts, subject to the requirements of this section, and in accordance with such terms and conditions as the Secretary may prescribe, the Secretary may guarantee and make commitments to guarantee the notes and obligations issued by Indian tribes or tribally designated housing entities with tribal approval, for the purposes of financing activities carried out on Indian reservations and in other Indian areas that, under the first sentence of section 5308(a) of title 42, are eligible for financing with notes and other obligations guaranteed pursuant to that section.
The Secretary may guarantee, or make commitments to guarantee, under paragraph (1) the notes or obligations of not more than 4 Indian tribes or tribally designated housing entities located in each Department of Housing and Urban Development Office of Native American Programs region.
Not less than 70 percent of the aggregate amount received by an Indian tribe or tribally designated housing entity as a result of a guarantee under this section shall be used for the support of activities that benefit low-income families on Indian reservations and other Indian areas.
The Secretary shall establish underwriting criteria for guarantees under this section, including fees for the guarantees, as the Secretary determines to be necessary to ensure that the program under this section is financially sound.
Fees for guarantees established under paragraph (1) shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary, to maintain a negative credit subsidy for the program under this section, as determined based on the risk to the Federal Government under the underwriting requirements established under paragraph (1).
Each note or other obligation guaranteed pursuant to this section shall be in such form and denomination, have such maturity, and be subject to such conditions as the Secretary may prescribe, by regulation.
The Secretary may not deny a guarantee under this section on the basis of the proposed repayment period for the note or other obligation, unless-
A guarantee made under this section shall guarantee repayment of 95 percent of the unpaid principal and interest due on the note or other obligation guaranteed.
To ensure the repayment of notes and other obligations and charges incurred under this section and as a condition for receiving the guarantees, the Secretary shall require the Indian tribe or housing entity issuing the notes or obligations-
The full faith and credit of the United States is pledged to the payment of all guarantees made under this section.
Any guarantee made by the Secretary under this section shall be conclusive evidence of the eligibility of the obligations for the guarantee with respect to principal and interest.
The validity of any such a guarantee shall be incontestable in the hands of a holder of the guaranteed obligations.
The Secretary, in cooperation with Indian tribes and tribally designated housing entities, may carry out training and information activities with respect to the guarantee program under this section.
Notwithstanding any other provision of law, subject only to the absence of qualified applicants or proposed activities and to the authority provided in this section, and to the extent approved or provided for in appropriations Acts, the Secretary may enter into commitments to guarantee notes and obligations under this section with an aggregate principal amount not to exceed $200,000,000 for each of fiscal years 2009 through 2013.
There are authorized to be appropriated to cover the costs (as defined in section 661a of title 2) of guarantees under this section $1,000,000 for each of fiscal years 2009 through 2013.
The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary pursuant to this section shall not at any time exceed $1,000,000,000 or such higher amount as may be authorized to be appropriated for this section for any fiscal year.
The Secretary shall monitor the use of guarantees under this section by Indian tribes.
If the Secretary determines that 50 percent of the aggregate guarantee authority under paragraph (3) has been committed, the Secretary may-
Not later than 4 years after October 14, 2008, the Secretary shall submit to Congress a report describing the use of the authority under this section by Indian tribes and tribally designated housing entities, including-
The authority of the Secretary under this section to make new guarantees for notes and obligations shall terminate on October 1, 2013.
25 U.S.C. § 4196
EDITORIAL NOTES
CODIFICATIONAnother section 606 of Pub. L. 104-330 is set out as an Effective Date note under section 4191 of this title.
- Indian
- The term "Indian" means any person who is a member of an Indian tribe.
- 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.