Volume 105 · 1720
Public Law 102–230
To amend the Cranston-Gonzalez National Affordable Housing Act to reserve assistance under the HOME Investment Partnerships Act for certain insular areas.
Approved December 12, 1991
Statutory text
An Act
To amend the Cranston-Gonzalez National Affordable Housing Act to reserve assistance under the HOME Investment Partnerships Act for certain insular areas.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. RESERVATION OF ASSISTANCE.
Section 217(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(a)) is amended—
in the first sentence of paragraph (1), by inserting “and after reserving amounts for the insular areas under paragraph (3)” before the first comma; and
by adding at the end the following new paragraph:
“(3) Insular areas.—
“(A) In general.—
For each fiscal year, of any amount
Grants.
approved in an appropriations Act to carry out this title, the Secretary shall reserve for grants to the insular areas an amount that reflects—
“(i) their share of the total population of eligible jurisdictions; and
“(ii) any adjustments that the Secretary determines are reasonable in light of available data that are related to factors set forth in subsection (b)(1)(B).
“(B) Specific criteria.—
The Secretary shall provide for
Regulations.
the distribution of amounts reserved under this paragraph among the insular areas in accordance with specific criteria to be set forth in a regulation promulgated by the Secretary after notice and public comment.
“(C) Transitional provisions.—
For fiscal year 1992, the reservation for insular areas specified in subparagraph (A) shall be made from any funds which become available for reallocation in accordance with the provisions of section 216(6)(A).”.
SEC. 2. DEFINITIONS.
Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended—
in paragraph (1), by striking “Guam” and all that follows through “the Marshall Islands” and inserting “the insular areas”; and
by adding at the end the following new paragraph:
“(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.”.
SEC. 3. EXTENSION OF TIME TO SUBMIT CDBG STATEMENT.
Notwithstanding any other provision of law, the City of Petersburg, Virginia is authorized to submit not later than 10 days following the enactment of this Act, and the Secretary of Housing and Urban Development shall consider and accept, the final statement of community development objectives and projected use of funds required by section 104(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(a)(1)) in connection with a grant to the City of Petersburg under title I of such Act for fiscal year 1991.
SEC. 4. LOW-INCOME HOUSING COVENANTS.
Section 515(p)(4) of the Housing Act of 1949 (42 U.S.C. 1485(p)(4)) is amended by adding at the end “The preceding sentence shall not be interpreted as authorizing the Secretary to—
“(A) limit the ability of a housing credit agency to require an owner of housing, in order to receive a low-income housing tax credit, to enter into a restrictive covenant, in such form and for such period as the housing credit agency deems appropriate, to maintain the occupancy characteristics of the project as prescribed in section 42(h)(6) of the Internal Revenue Code of 1986; or
“(B) deny or delay closing of financing under this section by reason of the existence, or occupancy terms, of any such restrictive covenant.”.
SEC. 5. FLOOD ELEVATION DETERMINATION.
Notwithstanding the time limit set forth in section 1363(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104 (c) and (d)), St. Charles Parish, Louisiana, may file an appeal with the Director of the Federal Emergency Management Agency with respect to certain flood elevation determinations for the area in and near the Ormond Country Club Estates located in St. Charles Parish, Louisiana, not later than June 1, 1992.
Approved December 12, 1991.