§ 4131. — National objectives and eligible families.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4131]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER II--AFFORDABLE HOUSING ACTIVITIES
Sec. 4131. National objectives and eligible families
(a) Primary objective
The national objectives of this chapter are--
(1) to assist and promote affordable housing activities to
develop, maintain, and operate affordable housing in safe and
healthy environments on Indian reservations and in other Indian
areas for occupancy by low-income Indian families;
(2) to ensure better access to private mortgage markets for
Indian tribes and their members and to promote self-sufficiency of
Indian tribes and their members;
(3) to coordinate activities to provide housing for Indian
tribes and their members with Federal, State, and local activities
to further economic and community development for Indian tribes and
their members;
(4) to plan for and integrate infrastructure resources for
Indian tribes with housing development for tribes; and
(5) to promote the development of private capital markets in
Indian country and to allow such markets to operate and grow,
thereby benefiting Indian communities.
(b) Eligible families
(1) In general
Except as provided under paragraphs (2) and (4), assistance
under eligible housing activities under this chapter shall be
limited to low-income Indian families on Indian reservations and
other Indian areas.
(2) Exception to low-income requirement
A recipient may provide assistance for homeownership activities
under section 4132(2) of this title, model activities under section
4132(6) of this title, or loan guarantee activities under subchapter
VI of this chapter to Indian families who are not low-income
families, to the extent that the Secretary approves the activities
pursuant to such section or subchapter because there is a need for
housing for such families that cannot reasonably be met without such
assistance. The Secretary shall establish limits on the amount of
assistance that may be provided under this chapter for activities
for families who are not low-income families.
(3) Non-Indian families
Notwithstanding paragraph (1), a recipient may provide housing
or housing assistance provided through affordable housing activities
assisted with grant amounts under this chapter for a non-Indian
family on an Indian reservation or other Indian area if the
recipient determines that the presence of the family on the Indian
reservation or other Indian area is essential to the well-being of
Indian families and the need for housing for the family cannot
reasonably be met without such assistance.
(4) Law enforcement officers
A recipient may provide housing or housing assistance provided
through affordable housing activities assisted with grant amounts
under this chapter for a law enforcement officer on an Indian
reservation or other Indian area, if--
(A) the officer--
(i) is employed on a full-time basis by the Federal
Government or a State, county, or lawfully recognized tribal
government; and
(ii) in implementing such full-time employment, is sworn
to uphold, and make arrests for, violations of Federal,
State, county, or tribal law; and
(B) the recipient determines that the presence of the law
enforcement officer on the Indian reservation or other Indian
area may deter crime.
(5) Law enforcement officers
Notwithstanding paragraph (1), a recipient may provide housing
or housing assistance provided through affordable housing activities
assisted with grant amounts under this chapter to a law enforcement
officer on the reservation or other Indian area, who is employed
full-time by a Federal, State, county or tribal government, and in
implementing such full-time employment is sworn to uphold, and make
arrests for violations of Federal, State, county or tribal law, if
the recipient determines that the presence of the law enforcement
officer on the Indian reservation or other Indian area may deter
crime.
(6) \1\ Preference for tribal members and other Indian
families
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\1\ So in original. Two pars. (6) have been enacted.
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The Indian housing plan for an Indian tribe may require
preference, for housing or housing assistance provided through
affordable housing activities assisted with grant amounts provided
under this chapter on behalf of such tribe, to be given (to the
extent practicable) to Indian families who are members of such
tribe, or to other Indian families. In any case in which the
applicable Indian housing plan for an Indian tribe provides for
preference under this paragraph, the recipient for the tribe shall
ensure that housing activities that are assisted with grant amounts
under this chapter for such tribe are subject to such preference.
(6) \1\ Exemption
Title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et
seq.] and title VIII of the Civil Rights Act of 1968 [42 U.S.C. 3601
et seq.] shall not apply to actions by federally recognized tribes
and the tribally designated housing entities of those tribes under
this chapter.
(Pub. L. 104-330, title II, Sec. 201, Oct. 26, 1996, 110 Stat. 4031;
Pub. L. 105-276, title V, Sec. 595(e)(7), Oct. 21, 1998, 112 Stat. 2657;
Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 210], Oct. 27, 2000, 114
Stat. 1441, 1441A-26; Pub. L. 106-568, title X, Sec. 1003(e), Dec. 27,
2000, 114 Stat. 2926.)
References in Text
This chapter, referred to in text, was in the original ``this Act'',
meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as amended,
known as the Native American Housing Assistance and Self-Determination
Act of 1996. For complete classification of this Act to the Code, see
Short Title note set out under section 4101 of this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (b)(6), is Pub.
L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act
is classified generally to subchapter V (Sec. 2000d et seq.) of chapter
21 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 2000a of Title 42 and Tables.
The Civil Rights Act of 1968, referred to in subsec. (b)(6), is Pub.
L. 90-284, Apr. 11, 1968, 82 Stat. 73, as amended. Title VIII of the
Act, known as the Fair Housing Act, is classified principally to
subchapter I (Sec. 3601 et seq.) of chapter 45 of Title 42. 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. (b)(1). Pub. L. 106-568, Sec. 1003(e)(1), substituted
``paragraphs (2) and (4)'' for ``paragraph (2)''.
Subsec. (b)(4). Pub. L. 106-568, Sec. 1003(e)(3), added par. (4).
Former par. (4) redesignated (5).
Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 210(2)], added par.
(4). Former par. (4) redesignated (5).
Subsec. (b)(5). Pub. L. 106-568, Sec. 1003(e)(2), redesignated par.
(4) as (5). Former par. (5) redesignated (6).
Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 210(1)], redesignated
par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (b)(6). Pub. L. 106-568, Sec. 1003(e)(2), redesignated par.
(5), relating to preference for tribal members and other Indian
families, as (6).
Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 210(1)], redesignated
par. (5), relating to exemption, as (6).
1998--Subsec. (b)(5). Pub. L. 105-276 substituted ``federally
recognized tribes and the tribally designated housing entities of those
tribes'' for ``Indian tribes'' and ``chapter'' for ``subsection''.
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 sections 4112, 4135 of this title.
