
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC4111]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
            SUBCHAPTER I--BLOCK GRANTS AND GRANT REQUIREMENTS
 
Sec. 4111. Block grants


(a) Authority

    For each fiscal year, the Secretary shall (to the extent amounts are 
made available to carry out this chapter) make grants under this section 
on behalf of Indian tribes to carry out affordable housing activities. 
Under such a grant on behalf of an Indian tribe, the Secretary shall 
provide the grant amounts for the tribe directly to the recipient for 
the tribe.

(b) Plan requirement

                           (1) In general

        The Secretary may make a grant under this chapter on behalf of 
    an Indian tribe for a fiscal year only if--
            (A) the Indian tribe has submitted to the Secretary an 
        Indian housing plan for such fiscal year under section 4112 of 
        this title; and
            (B) the plan has been determined under section 4113 of this 
        title to comply with the requirements of section 4112 of this 
        title.

                             (2) Waiver

        The Secretary may waive the applicability of the requirements 
    under paragraph (1), in whole or in part, for a period of not more 
    than 90 days, if the Secretary determines that an Indian tribe has 
    not complied with, or is unable to comply with, those requirements 
    due to exigent circumstances beyond the control of the Indian tribe.

(c) Local cooperation agreement

    Notwithstanding any other provision of this chapter, grant amounts 
provided under this chapter on behalf of an Indian tribe may not be used 
for rental or lease-purchase homeownership units that are owned by the 
recipient for the tribe unless the governing body of the locality within 
which the property subject to the development activities to be assisted 
with the grant amounts is or will be situated has entered into an 
agreement with the recipient for the tribe providing for local 
cooperation required by the Secretary pursuant to this chapter. The 
Secretary may waive the requirements of this subsection and subsection 
(d) of this section if the recipient has made a good faith effort to 
fulfill the requirements of this subsection and subsection (d) of this 
section and agrees to make payments in lieu of taxes to the appropriate 
taxing authority in an amount consistent with the requirements of 
subsection (d)(2) of this section until such time as the matter of 
making such payments has been resolved in accordance with subsection (d) 
of this section.

(d) Exemption from taxation

    Notwithstanding any other provision of this chapter, grant amounts 
provided under this chapter on behalf of an Indian tribe may not be used 
for affordable housing activities under this chapter for rental or 
lease-purchase dwelling units developed under the United States Housing 
Act of 1937 (42 U.S.C. 1437 et seq.) or with amounts provided under this 
chapter that are owned by the recipient for the tribe unless--
        (1) such dwelling units (which, in the case of units in a multi-
    unit project, shall be exclusive of any portions of the project not 
    developed under the United States Housing Act of 1937 [42 U.S.C. 
    1437 et seq.] or with amounts provided under this chapter) are 
    exempt from all real and personal property taxes levied or imposed 
    by any State, tribe, city, county, or other political subdivision; 
    and
        (2) the recipient for the tribe makes annual payments of user 
    fees to compensate such governments for the costs of providing 
    governmental services, including police and fire protection, roads, 
    water and sewerage systems, utilities systems and related 
    facilities, or payments in lieu of taxes to such taxing authority, 
    in an amount equal to the greater of $150 per dwelling unit or 10 
    percent of the difference between the shelter rent and the utility 
    cost, or such lesser amount as--
            (A) is prescribed by State, tribal, or local law;
            (B) is agreed to by the local governing body in the 
        agreement under subsection (c) of this section; or
            (C) the recipient and the local governing body agree that 
        such user fees or payments in lieu of taxes shall not be made.

(e) Effect of failure to exempt from taxation

    Notwithstanding subsection (d) of this section, a grant recipient 
that does not comply with the requirements under such subsection may 
receive a block grant under this chapter, but only if the tribe, State, 
city, county, or other political subdivision in which the affordable 
housing development is located contributes, in the form of cash or tax 
remission, the amount by which the taxes paid with respect to the 
development exceed the amounts prescribed in subsection (d)(2) of this 
section.

(f) Amount

    Except as otherwise provided under this chapter, the amount of a 
grant under this section to a recipient for a fiscal year shall be--
        (1) in the case of a recipient whose grant beneficiary is a 
    single Indian tribe, the amount of the allocation under section 4151 
    of this title for the Indian tribe; and
        (2) in the case of a recipient whose grant beneficiary is more 
    than 1 Indian tribe, the sum of the amounts of the allocations under 
    section 4151 of this title for each such Indian tribe.

(g) Use for affordable housing activities under plan

    Except as provided in subsection (h) of this section, amounts 
provided under a grant under this section may be used only for 
affordable housing activities under subchapter II of this chapter that 
are consistent with an Indian housing plan approved under section 4113 
of this title.

(h) Administrative expenses

    The Secretary shall, by regulation, authorize each recipient to use 
a percentage of any grant amounts received under this chapter for any 
reasonable administrative and planning expenses of the recipient 
relating to carrying out this chapter and activities assisted with such 
amounts, which may include costs for salaries of individuals engaged in 
administering and managing affordable housing activities assisted with 
grant amounts provided under this chapter and expenses of preparing an 
Indian housing plan under section 4112 of this title.

(i) Public-private partnerships

    Each recipient shall make all reasonable efforts, consistent with 
the purposes of this chapter, to maximize participation by the private 
sector, including nonprofit organizations and for-profit entities, in 
implementing the approved Indian housing plan.

(Pub. L. 104-330, title I, Sec. 101, Oct. 26, 1996, 110 Stat. 4022; Pub. 
L. 105-276, title V, Sec. 595(e)(3), (4), Oct. 21, 1998, 112 Stat. 2656, 
2657; Pub. L. 106-568, title X, Sec. 1003(a), Dec. 27, 2000, 114 Stat. 
2925; Pub. L. 106-569, title V, Sec. 503(a), Dec. 27, 2000, 114 Stat. 
2961.)

                       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 United States Housing Act of 1937, referred to in subsec. (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.


                               Amendments

    2000--Subsec. (b)(2). Pub. L. 106-568, Sec. 1003(a)(1), and Pub. L. 
106-569, Sec. 503(a)(1), amended par. (2) identically, substituting 
``for a period of not more than 90 days, if the Secretary determines 
that an Indian tribe has not complied with, or is unable to comply with, 
those requirements due to exigent circumstances beyond the control of 
the Indian tribe.'' for ``if the Secretary finds that an Indian tribe 
has not complied or cannot comply with such requirements due to 
circumstances beyond the control of the tribe.''
    Subsec. (c). Pub. L. 106-568, Sec. 1003(a)(2), and Pub. L. 106-569, 
Sec. 503(a)(2), amended subsec. (c) identically, inserting at end ``The 
Secretary may waive the requirements of this subsection and subsection 
(d) of this section if the recipient has made a good faith effort to 
fulfill the requirements of this subsection and subsection (d) of this 
section and agrees to make payments in lieu of taxes to the appropriate 
taxing authority in an amount consistent with the requirements of 
subsection (d)(2) of this section until such time as the matter of 
making such payments has been resolved in accordance with subsection (d) 
of this section.''
    1998--Subsec. (c). Pub. L. 105-276, Sec. 595(e)(3), reenacted 
heading without change and amended text generally. Prior to amendment, 
text read as follows: ``The Secretary may not make any grant under this 
chapter on behalf of an Indian tribe unless the governing body of the 
locality within which any affordable housing to be assisted with the 
grant amounts will be situated has entered into an agreement with the 
recipient for the tribe providing for local cooperation required by the 
Secretary pursuant to this chapter.''
    Subsec. (d). Pub. L. 105-276, Sec. 595(e)(4)(A), added subsec. (d) 
heading, introductory provisions, and par. (1), and struck out former 
subsec. (d) heading, introductory provisions, and par. (1). Text read as 
follows: ``A grant recipient for an Indian tribe may receive a block 
grant under this chapter only if--
        ``(1) the affordable housing assisted with grant amounts 
    received by the recipient (exclusive of any portions not assisted 
    with amounts provided under this chapter) is exempt from all real 
    and personal property taxes levied or imposed by any State, tribe, 
    city, county, or other political subdivision; and''.
    Subsec. (d)(2). Pub. L. 105-276, Sec. 595(e)(4)(B), inserted ``for 
the tribe'' after ``the recipient'' in introductory provisions.


                             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.
