
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: 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.
