§ 4103. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4103]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
Sec. 4103. Definitions
For purposes of this chapter, the following definitions shall apply:
(1) Adjusted income
The 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
$400 for an elderly or disabled family.
(C) Medical and attendant expenses
The 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
Child care expenses, to the extent necessary to enable
another member of the family to be employed or to further his or
her education.
(E) Earned income of minors
The amount of any earned income of any member of the family
who is less than 18 years of age.
(F) Travel expenses
Excessive travel expenses, not to exceed $25 per family per
week, for employment- or education-related travel.
(G) Other amounts
Such other amounts as may be provided in the Indian housing
plan for an Indian tribe.
(2) Affordable housing
The term ``affordable housing'' means housing that complies with
the requirements for affordable housing under subchapter II of this
chapter. The term includes permanent housing for homeless persons
who are persons with disabilities, transitional housing, and single
room occupancy housing.
(3) Drug-related criminal activity
The term ``drug-related criminal activity'' means the illegal
manufacture, sale, distribution, use, or possession with intent to
manufacture, sell, distribute, or use, of a controlled substance (as
such term is defined in section 802 of title 21).
(4) Elderly families and near-elderly families
The terms ``elderly family'' and ``near-elderly family'' mean a
family whose head (or his or her spouse), or whose sole member, is
an elderly person or a near-elderly person, respectively. Such terms
include 2 or more elderly persons or near-elderly persons living
together, and 1 or more such persons living with 1 or more persons
determined under the Indian housing plan for the agency to be
essential to their care or well-being.
(5) Elderly person
The term ``elderly person'' means a person who is at least 62
years of age.
(6) Family
The term ``family'' includes a family with or without children,
an elderly family, a near-elderly family, a disabled family, and a
single person.
(7) 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.
(8) Income
The 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.
(9) Indian
The term ``Indian'' means any person who is a member of an
Indian tribe.
(10) Indian area
The term ``Indian area'' means the area within which an Indian
tribe or a tribally designated housing entity, as authorized by 1 or
more Indian tribes, provides assistance under this chapter for
affordable housing.
(11) Indian housing plan
The term ``Indian housing plan'' means a plan under section 4112
of this title.
(12) Indian tribe
(A) In general
The term ``Indian tribe'' means a tribe that is a federally
recognized tribe or a State recognized tribe.
(B) Federally recognized tribe
The term ``federally recognized tribe'' means any Indian
tribe, band, nation, or other organized group or community of
Indians, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.],
that is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
(C) State recognized tribe
(i) In general
The 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) Conditions
Notwithstanding 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.
(13) Low-income family
The term ``low-income family'' means a family whose income does
not exceed 80 percent of the median income for the area, as
determined by the Secretary with adjustments for smaller and larger
families, except that the Secretary may, for purposes of this
paragraph, establish income ceilings higher or lower than 80 percent
of the median for the area on the basis of the findings of the
Secretary or the agency that such variations are necessary because
of prevailing levels of construction costs or unusually high or low
family incomes.
(14) Median income
The 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.
(15) Near-elderly person
The term ``near-elderly person'' means a person who is at least
55 years of age and less than 62 years of age.
(16) Nonprofit
The term ``nonprofit'' means, with respect to an organization,
association, corporation, or other entity, that no part of the net
earnings of the entity inures to the benefit of any member, founder,
contributor, or individual.
(17) Person with disabilities
The 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
(C) has a developmental disability as defined in section
15002 of title 42.
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.
(18) 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.
(19) Secretary
Except as otherwise specifically provided in this chapter, the
term ``Secretary'' means the Secretary of Housing and Urban
Development.
(20) State
The term ``State'' means the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, the Virgin
Islands, American Samoa, and any other territory or possession of
the United States and Indian tribes.
(21) Tribally designated housing entity
The terms ``tribally designated housing entity'' and ``housing
entity'' have the following meaning:
(A) Existing IHA's
With 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 entities
With 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) Establishment
A 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.
(22) Housing related community development
(A) In general
The term ``housing related community development'' means any
tribally-owned and operated facility, business, activity, or
infrastructure that--
(i) is necessary to the direct construction of
reservation housing; and
(ii) would help an Indian tribe or its tribally-
designated housing authority reduce the cost of construction
of Indian housing or otherwise promote the findings of this
chapter.
(B) Exclusion
The term ``housing and community development'' does not
include any activity conducted by any Indian tribe under the
Indian Gaming Regulatory Act [25 U.S.C. 2701 et seq.].
(Pub. L. 104-330, Sec. 4, Oct. 26, 1996, 110 Stat. 4018; Pub. L. 105-
256, Sec. 13(b), Oct. 14, 1998, 112 Stat. 1900; Pub. L. 105-276, title
V, Sec. 595(e)(1), (2), Oct. 21, 1998, 112 Stat. 2656; Pub. L. 106-402,
title IV, Sec. 401(b)(2), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 107-
292, Sec. 3, Nov. 13, 2002, 116 Stat. 2053.)
References in Text
The Alaska Native Claims Settlement Act, referred to in par.
(12)(B), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
which is classified generally to chapter 33 (Sec. 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.
The Indian Self-Determination and Education Assistance Act, referred
to in par. (12)(B), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, 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.
For the effective date under section 705, referred to in par.
(12)(C)(i)(II), as Oct. 26, 1996, see section 705 of Pub. L. 104-330,
set out as an Effective Date note under section 4211 of this title.
The United States Housing Act of 1937, referred to in pars.
(12)(C)(i)(II) and (21)(A)(i), is act Sept. 1, 1937, ch. 896, as revised
generally by Pub. L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88
Stat. 653, which is classified generally to chapter 8 (Sec. 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 Indian Gaming Regulatory Act, referred to in par. (22)(B), is
Pub. L. 100-497, Oct. 17, 1988, 102 Stat. 2467, as amended, which is
classified principally to chapter 29 (Sec. 2701 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 2701 of this title and Tables.
Amendments
2002--Par. (22). Pub. L. 107-292 added par. (22).
2000--Par. (17)(C). Pub. L. 106-402 substituted ``as defined in
section 15002 of title 42'' for ``as defined in section 6001 of title
42''.
1998--Par. (10). Pub. L. 105-276, Sec. 595(e)(1), amended heading
and text of par. (10) generally. Prior to amendment, text read as
follows: ``The term `Indian area' means the area within which a tribally
designated housing entity is authorized by one or more Indian tribes to
provide assistance under this chapter for affordable housing.''
Par. (12)(B). Pub. L. 105-256 substituted ``Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.)'' for
``Indian Self-Determination and Education Assistance Act of 1975''.
Par. (12)(C)(i)(II). Pub. L. 105-276, Sec. 595(e)(2), substituted
``705'' for ``107''.
Effective Date
Section effective Oct. 1, 1997, except as otherwise expressly
provided, see section 107 of Pub. L. 104-330, set out as a note under
section 4101 of this title.
Section Referred to in Other Sections
This section is referred to in title 42 section 11905.
