
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: 25USC4152]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
               SUBCHAPTER III--ALLOCATION OF GRANT AMOUNTS
 
Sec. 4152. Allocation formula


(a) Establishment

    The Secretary shall, by regulations issued not later than the 
expiration of the 12-month period beginning on October 26, 1996, in the 
manner provided under section 4116 of this title, establish a formula to 
provide for allocating amounts available for a fiscal year for block 
grants under this chapter among Indian tribes in accordance with the 
requirements of this section.

(b) Factors for determination of need

    The formula shall be based on factors that reflect the need of the 
Indian tribes and the Indian areas of the tribes for assistance for 
affordable housing activities, including the following factors:
        (1) The number of low-income housing dwelling units owned or 
    operated at the time pursuant to a contract between an Indian 
    housing authority for the tribe and the Secretary.
        (2) The extent of poverty and economic distress and the number 
    of Indian families within Indian areas of the tribe.
        (3) Other objectively measurable conditions as the Secretary and 
    the Indian tribes may specify.

(c) Other factors for consideration

    In establishing the formula, the Secretary shall consider--
        (1) the relative administrative capacities and other challenges 
    faced by the recipient, including, but not limited to geographic 
    distribution within the Indian area and technical capacity; and
        (2) the extent to which terminations of assistance under 
    subchapter V of this chapter will affect funding available to State 
    recognized tribes.

(d) Funding for public housing operation and modernization

                          (1) Full funding

        (A) In general

            Except with respect to an Indian tribe described in 
        subparagraph (B), the formula shall provide that, if, in any 
        fiscal year, the total amount made available for assistance 
        under this chapter is equal to or greater than the total amount 
        made available for fiscal year 1996 for assistance for the 
        operation and modernization of public housing developed or 
        operated pursuant to 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.], the amount provided for 
        such fiscal year for each Indian tribe for which such operating 
        or modernization assistance was provided for fiscal year 1996 
        shall not be less than the total amount of such operating and 
        modernization assistance provided for fiscal year 1996 for such 
        tribe.

        (B) Certain Indian tribes

            With respect to fiscal year 2001 and each fiscal year 
        thereafter, for any Indian tribe with an Indian housing 
        authority that owns or operates fewer than 250 public housing 
        units, the formula shall provide that if the amount provided for 
        a fiscal year in which the total amount made available for 
        assistance under this chapter is equal to or greater than the 
        amount made available for fiscal year 1996 for assistance for 
        the operation and modernization of the public housing referred 
        to in subparagraph (A), then the amount provided to that Indian 
        tribe as modernization assistance shall be equal to the average 
        annual amount of funds provided to the Indian tribe (other than 
        funds provided as emergency assistance) under the assistance 
        program under section 14 of the United States Housing Act of 
        1937 (42 U.S.C. 1437l) for the period beginning with fiscal year 
        1992 and ending with fiscal year 1997.

                         (2) Partial funding

        The formula shall provide that, if, in any fiscal year, the 
    total amount made available for assistance under this chapter is 
    less than the total amount made available for fiscal year 1996 for 
    assistance for the operation and modernization of public housing 
    developed or operated pursuant to 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.], the amount provided 
    for such fiscal year for each Indian tribe for which such operating 
    or modernization assistance was provided for fiscal year 1996 shall 
    not be less than the amount that bears the same ratio to the total 
    amount available for assistance under this chapter for such fiscal 
    year that the amount of operating and modernization assistance 
    provided for the tribe for fiscal year 1996 bears to the total 
    amount made available for fiscal year 1996 for assistance for the 
    operation and modernization of such public housing.

(e) Effective date

    This section shall take effect on October 26, 1996.

(Pub. L. 104-330, title III, Sec. 302, Oct. 26, 1996, 110 Stat. 4036; 
Pub. L. 106-568, title X, Sec. 1003(g), Dec. 27, 2000, 114 Stat. 2928; 
Pub. L. 106-569, title V, Sec. 503(f), Dec. 27, 2000, 114 Stat. 2964.)

                       References in Text

    Subchapter V of this chapter, referred to in subsec. (c)(2), was in 
the original ``title V'', meaning title V of Pub. L. 104-330, which 
enacted subchapter V of this chapter and section 12899h-1 of Title 42, 
The Public Health and Welfare, amended sections 1437a, 1437c to 1437e, 
1437g, 1437l, 1437n, 1437u to 1437x, 1437aaa-5, 1437aaa-6, 1439, 11371 
to 11376, 11382, 11401, 11403g, 11408, 11903a, 12747, and 12838 of Title 
42, repealed sections 1437aa to 1437ee of Title 42, enacted provisions 
set out as notes under sections 11371, 12747, and 12899h-1 of Title 42, 
amended provisions set out as a note under section 11301 of Title 42, 
and repealed provisions set out as a note under section 1701z-6 of Title 
12, Banks and Banking. For complete classification of title V to the 
Code, see 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. Section 14 of 
the Act which was classified to section 1437l of Title 42, was repealed 
by Pub. L. 105-276, title V, Sec. 522(a), Oct. 21, 1998, 112 Stat. 2564. 
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. (d)(1). Pub. L. 106-568, Sec. 1003(g)(1), and Pub. L. 
106-569, Sec. 503(f)(1), which directed identical amendment of par. (1) 
by substituting subpar. (A) designation, heading, and ``Except with 
respect to an Indian tribe described in subparagraph (B), the formula'' 
for ``The formula,'', were executed by making the substitution for ``The 
formula'' to reflect the probable intent of Congress.
    Subsec. (d)(1)(B). Pub. L. 106-568, Sec. 1003(g)(2), and Pub. L. 
106-569, Sec. 503(f)(2), amended par. (1) identically, adding subpar. 
(B).

                  Section Referred to in Other Sections

    This section is referred to in sections 4103, 4151, 4181 of this 
title.
