[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4112]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 4112. Indian housing plans
(a) Plan submission
The Secretary shall provide--
(1)(A) for an Indian tribe to submit to the Secretary, for each
fiscal year, a housing plan under this section for the tribe; or
(B) for the tribally designated housing entity for the tribe to
submit the plan as provided in subsection (d) of this section for
the tribe; and
(2) for the review of such plans.
(b) 5-year plan
Each housing plan under this section shall be in a form prescribed
by the Secretary and shall contain, with respect to the 5-year period
beginning with the fiscal year for which the plan is submitted, the
following information:
(1) Mission statement
A general statement of the mission of the Indian tribe to serve
the needs of the low-income families in the jurisdiction of the
Indian tribe during the period.
(2) Goals and objectives
A statement of the goals and objectives of the Indian tribe to
enable the tribe to serve the needs identified in paragraph (1)
during the period.
(3) Activities plan
An overview of the activities planned during the period
including an analysis of the manner in which the activities will
enable the tribe to meet its mission, goals, and objectives.
(c) 1-year plan
A housing plan under this section for an Indian tribe shall be in a
form prescribed by the Secretary and contain the following information
relating to the upcoming fiscal year for which the assistance under this
chapter is to be made available:
(1) Goals and objectives
A statement of the goals and objectives to be accomplished
during that period.
(2) 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 such needs will be addressed during the period,
including--
(A) 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
(B) a description of the estimated housing needs for all
Indian families in the jurisdiction.
(3) Financial resources
An operating budget for the recipient, in a form prescribed by
the Secretary, that includes--
(A) an identification and a 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
(B) the uses to which such resources will be committed,
including eligible and required affordable housing activities
under subchapter II of this chapter and administrative expenses.
(4) Affordable housing resources
A statement of the affordable housing resources currently
available and to be made available during the period, including--
(A) a description of the significant characteristics of the
housing market in the jurisdiction, including the availability
of housing from other public sources, private market housing,
and the manner in which such characteristics influence the
decision of the recipient to use grant amounts to be provided
under this chapter for rental assistance, production of new
units, acquisition of existing units, or rehabilitation of
units;
(B) a description of the structure, coordination, and means
of cooperation between the recipient and any other governmental
entities in the development, submission, or implementation of
housing plans, including a description of the involvement of
private, public, and nonprofit organizations and institutions,
and the use of loan guarantees under section 1715z-13a of title
12, and other housing assistance provided by the Federal
Government for Indian tribes, including loans, grants, and
mortgage insurance;
(C) a description of the manner in which the plan will
address the needs identified pursuant to paragraph (2);
(D) 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.];
(E) a description of any existing and anticipated
homeownership programs and rental programs to be carried out
during the period, and the requirements and assistance available
under such programs;
(F) a description of any existing and anticipated housing
rehabilitation programs necessary to ensure the long-term
viability of the housing to be carried out during the period,
and the requirements and assistance available under such
programs;
(G) a description of all other existing or anticipated
housing assistance provided by the recipient during the period,
including transitional housing, homeless housing, college
housing, supportive services housing, and the requirements and
assistance available under such programs;
(H) a description of any housing to be demolished or
disposed of, a timetable for such demolition or disposition, and
any other information required by the Secretary with respect to
such demolition or disposition;
(I) a description of the manner in which the recipient will
coordinate with tribal and State welfare agencies to ensure that
residents of such housing will be provided with access to
resources to assist in obtaining employment and achieving self-
sufficiency;
(J) a description of the requirements established by the
recipient to promote the safety of residents of such housing,
facilitate the undertaking of crime prevention measures, allow
resident input and involvement, including the establishment of
resident organizations, and allow for the coordination of crime
prevention activities between the recipient and tribal and local
law enforcement officials; and
(K) a description of the entity that will carry out the
activities under the plan, including the organizational capacity
and key personnel of the entity.
(5) Certification of compliance
Evidence of compliance which shall include, as appropriate--
(A) a certification that the recipient will comply with
title II of the Civil Rights Act of 1968 [25 U.S.C. 1301 et
seq.] in carrying out this chapter, to the extent that such
title is applicable, and other applicable Federal statutes;
(B) 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 may be
established by the Secretary;
(C) 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;
(D) a certification that policies are in effect and are
available for review by the Secretary and the public governing
rents charged, including the methods by which such rents or
homebuyer payments are determined, for housing assisted with
grant amounts provided under this chapter; and
(E) 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.
(6) Certain families
With respect to assistance provided under section 4131(b)(2) of
this title by a recipient to Indian families that are not low-income
families, evidence that there is a need for housing for each such
family during that period that cannot reasonably be met without such
assistance.
(d) 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.
(e) Coordination of plans
A plan under this section may cover more than 1 Indian tribe, but
only if the certification requirements under subsection (d) of this
section are complied with by each such grant beneficiary covered.
(f) Regulations
The requirements relating to the contents of plans under this
section shall be established by regulation, pursuant to section 4116 of
this title.
(Pub. L. 104-330, title I, Sec. 102, Oct. 26, 1996, 110 Stat. 4023; Pub.
L. 105-276, title V, Sec. 595(e)(5), Oct. 21, 1998, 112 Stat. 2657; Pub.
L. 106-568, title X, Sec. 1003(b), (c), Dec. 27, 2000, 114 Stat. 2926;
Pub. L. 106-569, title V, Sec. 503(b), (c), Dec. 27, 2000, 114 Stat.
2962.)
References in Text
The United States Housing Act of 1937, referred to in subsec.
(c)(4)(D), 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 Civil Rights Act of 1968, referred to in subsec. (c)(5)(A), is
Pub. L. 90-284, Apr. 11, 1968, 82 Stat. 73, as amended. Title II of the
Act is classified generally to subchapter I (Sec. 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 and
Tables.
Amendments
2000--Subsec. (c)(6). Pub. L. 106-568, Sec. 1003(b), and Pub. L.
106-569, Sec. 503(b), amended subsec. (c) identically, adding par. (6).
Subsecs. (f), (g). Pub. L. 106-568, Sec. 1003(c), and Pub. L. 106-
569, Sec. 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).
Effective Date
Section 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.
Section Referred to in Other Sections
This section is referred to in sections 4103, 41
