§ 4101. — Congressional findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4101]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
Sec. 4101. Congressional findings
The 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 should
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 should 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.).
(Pub. L. 104-330, Sec. 2, Oct. 26, 1996, 110 Stat. 4017.)
References in Text
Public Law 93-638, referred to in par. (7), is Pub. L. 93-638, Jan.
4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-
Determination and Education Assistance Act, which is classified
principally to subchapter II (Sec. 450 et seq.) of chapter 14 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 450 of this title and Tables.
Effective Date
Section 107 of Pub. L. 104-330 provided that: ``Except as otherwise
expressly provided in this Act [see Short Title note below], this Act
and the amendments made by this Act shall take effect on October 1,
1997.''
Short Title of 2002 Amendment
Pub. L. 107-292, Sec. 1, Nov. 13, 2002, 116 Stat. 2053, provided
that: ``This Act [amending sections 4103, 4111, 4114, 4116, 4117, 4132,
4191, 4195, and 4212 of this title and section 1715z-13a of Title 12,
Banks and Banking] may be cited as the `Native American Housing
Assistance and Self-Determination Reauthorization Act of 2002'.''
Short Title of 2000 Amendments
Pub. L. 106-569, title V, Sec. 511, Dec. 27, 2000, 114 Stat. 2966,
provided that: ``This subtitle [subtitle B (Secs. 511-514) of title V of
Pub. L. 106-569, enacting subchapter VIII of this chapter, section
1715z-13b of Title 12, Banks and Banking, and provisions set out as
notes under section 4221 of this title] may be cited as the `Hawaiian
Homelands Homeownership Act of 2000'.''
Pub. L. 106-568, Sec. 1, Dec. 27, 2000, 114 Stat. 2868, provided
that: ``This Act [see Tables for classification] may be cited as the
`Omnibus Indian Advancement Act'.''
Pub. L. 106-568, title II, Sec. 201, Dec. 27, 2000, 114 Stat. 2872,
provided that: ``This title [enacting subchapter VIII of this chapter,
section 1715z-13b of Title 12, Banks and Banking, and provisions set out
as notes under section 4221 of this title] may be cited as the `Hawaiian
Homelands Homeownership Act of 2000'.''
Short Title
Section 1(a) of Pub. L. 104-330 provided that: ``This Act [enacting
this chapter and section 12899h-1 of Title 42, The Public Health and
Welfare, amending sections 1715z-13a and 1721 of Title 12, Banks and
Banking, and sections 1437a, 1437c to 1437e, 1437g, 1437l, 1437n, 1437u
to 1437x, 1437aaa-5, 1437aaa-6, 1439, 11371 to 11376, 11382, 11401,
11403g, 11408, 11902 to 11905, 12747, and 12838 of Title 42, repealing
sections 1437aa to 1437ee of Title 42, enacting provisions set out as
notes under this section and sections 4181 and 4211 of this title and
sections 11371, 12747, and 12899h-1 of Title 42, amending provisions set
out as a note under section 11301 of Title 42, and repealing provisions
set out as a note under section 1701z-6 of Title 12] may be cited as the
`Native American Housing Assistance and Self-Determination Act of
1996'.''
