42 U.S.C. § 2991b
The Commissioner is authorized to provide financial assistance, on a single year or multiyear basis, to public and nonprofit private agencies, including but not limited to, governing bodies of Indian Tribes on Federal and State reservations, Alaska Native villages and regional corporations established by the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and such public and nonprofit private agencies serving Native Hawaiians, and Indian and Alaska Native organizations in urban or rural areas that are not Indian reservations or Alaska Native villages, for projects pertaining to the purposes of this subchapter. The Commissioner is authorized to provide financial assistance to public and nonprofit private agencies serving other Native American Pacific Islanders (including American Samoan Natives) for projects pertaining to the purposes of this Act. In determining the projects to be assisted under this subchapter, the Commissioner shall consult with other Federal agencies for the purpose of eliminating duplication or conflict among similar activities or projects and for the purpose of determining whether the findings resulting from those projects may be incorporated into one or more programs for which those agencies are responsible. Every determination made with respect to a request for financial assistance under this section shall be made without regard to whether the agency making such request serves, or the project to be assisted is for the benefit of, Indians who are not members of a federally recognized Tribe. To the greatest extent practicable, the Commissioner shall ensure that each project to be assisted under this subchapter is consistent with the priorities established by the agency which receives such assistance.
The Commissioner may provide assistance under subsection (a) for projects relating to the purposes of this subchapter to a Native community development financial institution, as defined by the Secretary of the Treasury.
With regard to not less than 50 percent of the total amount available for assistance under this section, the Commissioner shall give priority to any application seeking assistance for-
Financial assistance extended to an agency under this subchapter shall not exceed 80 per centum of the approved costs of the assisted project, except that the Commissioner may approve assistance in excess of such percentage if the Commissioner determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this subchapter. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. The Commissioner shall not require non-Federal contributions in excess of 20 per centum of the approved costs of programs or activities assisted under this subchapter.
42 U.S.C. § 2991b
EDITORIAL NOTES
REFERENCES IN TEXTThe Alaska Native Claims Settlement Act, referred to in subsec. (a), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.This Act, referred to in subsec. (a), probably means the Native American Programs Act of 1974, Pub. L. 88-452, title VIII, as added by Pub. L. 93-644, §11, Jan. 4, 1975, 88 Stat. 2324, which is classified generally to this subchapter, see section 2991 of this title.
PRIOR PROVISIONSA prior section 2991b, Pub. L. 88-452, title VIII, §803, as added Pub. L. 89-794, title VIII, §801, Nov. 8, 1966, 80 Stat. 1473, provided for stipend for volunteers, living, travel, and leave allowances, and subsistence, prior to the general amendment of this subchapter by Pub. L. 90-222, title I, §110, Dec. 23, 1967, 81 Stat. 722.
AMENDMENTS2020-Subsec. (a). Pub. L. 116-261, §5(d)(1), (2), substituted "Tribe" for "tribe" and "Tribes" for "tribes". Subsecs. (b) to (e). Pub. L. 116-261, §5(a), added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively. Subsec. (e)(1). Pub. L. 116-261, §5(d), substituted "Tribe" for "tribe", "Tribes" for "tribes", and "Tribal" for "tribal". Subsec. (e)(2)(B). Pub. L. 116-261, §5(d)(3), substituted "Tribal" for "tribal".Subsec. (e)(4). Pub. L. 116-261, §5(d)(2), substituted "Tribes" for "tribes".1993-Subsec. (a). Pub. L. 103-171 substituted "areas that are not Indian reservations or Alaska Native villages" for "nonreservation areas". 1992-Subsec. (a). Pub. L. 102-497 struck out ",subject to the availability of funds appropriated under the authority of section 2992d(c) of this title," after "Commissioner is authorized" in second sentence. Pub. L. 102-375, §822(21), substituted "Alaska Native villages" for "Alaskan Native villages". Pub. L. 102-375, §822(1)(A), (B) (i), substituted "Commissioner" for "Secretary" wherever appearing and substituted "Indian and Alaska Native organizations" for "Indian organizations". Pub. L. 102-375, §822(1)(B)(ii), which directed the substitution of "area that is not an Indian reservation or Alaska Native village" for "nonreservation area", could not be executed because the words "nonreservation area" did not appear.Subsecs. (b), (c)(1), (d)(1), (4). Pub. L. 102-375, §822(1)(A), substituted "Commissioner" for "Secretary" wherever appearing.1990-Subsec. (d). Pub. L. 101-408 added subsec. (d). 1987-Subsec. (a). Pub. L. 100-175, §506(c)(2), substituted "Native Hawaiians" for "Hawaiian Natives". Pub. L. 100-175, §§502(1), 504, inserted ",on a single year or multiyear basis," after "assistance" in first sentence and inserted after first sentence "The Secretary is authorized, subject to the availability of funds appropriated under the authority of section 2992d(c) of this title, to provide financial assistance to public and nonprofit private agencies serving other Native American Pacific Islanders (including American Samoan Natives) for projects pertaining to the purposes of this Act." 1984-Subsec. (a). Pub. L. 98-558, §1002(a), inserted at end "Every determination made with respect to a request for financial assistance under this section shall be made without regard to whether the agency making such request serves, or the project to be assisted is for the benefit of, Indians who are not members of a federally recognized tribe. To the greatest extent practicable, the Secretary shall ensure that each project to be assisted under this subchapter is consistent with the priorities established by the agency which receives such assistance."Subsec. (c)(1). Pub. L. 98-558, §1002(b), designated existing provisions as par. (1) and added par. (2). 1978- Pub. L. 95-568 substituted in subsecs. (b) and (c) "the Secretary determines" for "he determines".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1987 AMENDMENT Amendment by sections 502(1) and 504(a) of Pub. L. 100-175 effective Oct. 1, 1987, and amendment by section 506(c)(2) of Pub. L. 100-175 effective upon expiration of 90-day period beginning Nov. 29, 1987, see section 701(a), (c) of Pub. L. 100-175 set out as a note under section 3001 of this title.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 80131 of this title.