
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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, 4111, 4113 of this 
title.
