§ 4103. Definitions

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Native American Housing Assistance and Self-Determination Act of 1996

   Pub. L. 104–330 § 4 · 110 Stat. 4016

   Enacted · 25 U.S.C. § 4103

   Pub. L. 104–330, § 4, Oct. 26, 1996, 110 Stat. 4018

   Source evidence

   Code source credit
   Pub. L. 104–330, § 4, Oct. 26, 1996, 110 Stat. 4018

   Enacted provision · exact public law section
   SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Adjusted income.— The term “adjusted income” means the annual income that remains after excluding the following amounts. (A) Youths, students, and persons with disabilities.— $480 for each member of the family residing in the household (other than the head of the household or the spouse of the head of the household) (i) who is under 18 years of age; or (ii) who is— (I) 18 years of age or older; and (II) a person with disabilities or a full-time student. (B) Elderly and disabled families— $400 for an elderly or disabled family. (C) Medical and attendant expenses.— The amount by which 3 percent of the annual income of the family is exceeded by the aggregate of (i) medical expenses, in the case of an elderly or disabled family; and (ii) reasonable attendant care and auxiliary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (including a member who is a person with disabilities) to be employed. (D) Child care expenses.— Child care expenses, to the extent necessary to enable another member of the family to be employed or to further his or her education. (E) Earned income of minors.— The amount of any earned income of any member of the family who is less than 18 years of age. (F) Travel expenses.— Excessive travel expenses, not to exceed $25 per family per week, for employment- or education-related travel. (G) Other amounts.— Such other amounts as may be provided in the Indian housing plan for an Indian tribe. (2) Affordable housing.— The term “affordable housing” means housing that complies with the requirements for affordable housing under title II. The term includes permanent housing for homeless persons who are persons with disabilities, transitional housing, and single room occupancy housing. (3) Drug-related criminal activity.— The term “drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as such term is defined in section 102 of the Controlled Substances Act). (4) Elderly families and near-elderly families— The terms “elderly family” and “near-elderly family” mean a family whose head (or his or her spouse), or whose sole member, is an elderly person or a near-elderly person, respectively. Such terms include 2 or more elderly persons or near-elderly persons living together, and 1 or more such persons living with 1 or more persons determined under the Indian housing plan for the agency to be essential to their care or well-being. (5) Elderly person.— The term “elderly person” means a person who is at least 62 years of age. (6) Family.— The term “family” includes a family with or without children, an elderly family, a near-elderly family, a disabled family, and a single person. (7) Grant beneficiary.— The term “grant beneficiary” means the Indian tribe or tribes on behalf of which a grant is made under this Act to a recipient. (8) Income.— The term “income” means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, except that the following amounts may not be considered as income under this paragraph: (A) Any amounts not actually received by the family. (B) Any amounts that would be eligible for exclusion under section 1613(a)(7) of the Social Security Act. (9) Indian.— The term “Indian” means any person who is a member of an Indian tribe. (10) Indian area.— The term “Indian area” means the area within which a tribally designated housing entity is authorized by one or more Indian tribes to provide assistance under this Act for affordable housing. (11) Indian housing plan.— The term “Indian housing plan” means a plan under section 102. (12) Indian tribe.— (A) In general.— The term “Indian tribe” means a tribe that is a federally recognized tribe or a State recognized tribe. (B) Federally recognized tribe.— The term “federally recognized tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act of 1975. (C) State recognized tribe.— (i) In general.— The term “State recognized tribe” means any tribe, band, nation, pueblo, village, or community— (I) that has been recognized as an Indian tribe by any State; and (II) for which an Indian Housing Authority has, before the effective date under section 107, entered into a contract with the Secretary pursuant to the United States Housing Act of 1937 for housing for Indian families and has received funding pursuant to such contract within the 5-year period ending upon such effective date. (ii) Conditions.— Notwithstanding clause (i)— (I) the allocation formula under section 302 shall be determined for a State recognized tribe under tribal membership eligibility criteria in existence on the date of the enactment of this Act; and (II) nothing in this paragraph shall be construed to confer upon a State recognized tribe any rights, privileges, responsibilities, or obligations otherwise accorded groups recognized as Indian tribes by the United States for other purposes. (13) Low-income family.— The term “low-income family” means a family whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may, for purposes of this paragraph, establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the findings of the Secretary or the agency that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. (14) Median income.— The term “median income” means, with respect to an area that is an Indian area, the greater of (A) the median income for the Indian area, which the Secretary shall determine; or (B) the median income for the United States. (15) Near-elderly person.— The term “near-elderly person” means a person who is at least 55 years of age and less than 62 years of age. (16) Nonprofit.— The term “nonprofit” means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual. (17) Person with disabilities.— The term “person with disabilities” means a person who (A) has a disability as defined in section 223 of the Social Security Act. (B) is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which— (i) is expected to be of long-continued and indefinite duration; (ii) substantially impedes his or her ability to live independently; and (iii) is of such a nature that such ability could be improved by more suitable housing conditions; or (C) has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act. Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for housing assisted under this Act, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence. (18) Recipient.— The term “recipient” means an Indian tribe or the entity for one or more Indian tribes that is authorized to receive grant amounts under this Act on behalf of the tribe or tribes. (19) Secretary.— Except as otherwise specifically provided in this Act, the term “Secretary” means the Secretary of Housing and Urban Development. (20) State.— The term “State” means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States and Indian tribes. (21) Tribally designated housing entity.— The terms “tribally designated housing entity” and “housing entity” have the following meaning: (A) Existing iha’s.— With respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority— (i) was established for purposes of the United States Housing Act of 1937 before the date of the enactment of this Act that meets the requirements under the United States Housing Act of 1937. (ii) is acting upon such date of enactment as the Indian housing authority for the tribe, and (iii) is not an Indian tribe for purposes of this Act, the terms mean such Indian housing authority. (B) Other entities.— With respect to any Indian tribe that, pursuant to this Act, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this Act for affordable housing for Indians, which entity is established— (i) by exercise of the power of self-government of one or more Indian tribes independent of State law, or (ii) by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska, the terms mean such entity. (C) Establishment.— A tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.

2. 1998

   Pub. L. 105–256 § 13(b) · 112 Stat. 1896

   Substituted · 25 U.S.C. § 4103(12)(B)

   Pub. L. 105–256 substituted “Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)” for “Indian Self-Determination and Education Assistance Act of 1975”

   Source evidence

   Code amendment note
   Par. (12)(B). Pub. L. 105–256 substituted “Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)” for “Indian Self-Determination and Education Assistance Act of 1975”.

   Enacted provision · exact public law section
   (b) Reference.— Section 4(12)(B) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(B)) is amended by striking “Indian Self-Determination and Education Assistance Act of 1975” and inserting “Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)”.

3. 1998

   Pub. L. 105–276 § 595(e)(1) · 112 Stat. 2461

   Amended · 25 U.S.C. § 4103(10)

   Pub. L. 105–276, § 595(e)(1), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: “The term ‘Indian area’ means the area within which a tribally designated housing entity is authorized by one or more Indian tribes to provide assistance under this chapter for affordable housing.”

   Source evidence

   Code amendment note
   Par. (10). Pub. L. 105–276, § 595(e)(1), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: “The term ‘Indian area’ means the area within which a tribally designated housing entity is authorized by one or more Indian tribes to provide assistance under this chapter for affordable housing.”

   Enacted provision · exact public law section
   (1) Definition of Indian areas.— Section 4(10) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(10)) is amended to read as follows: “(10) Indian area.— The term ‘Indian area’ means the area within which an Indian tribe or a tribally designated housing entity, as authorized by 1 or more Indian tribes, provides assistance under this Act for affordable housing.”.

4. 1998

   Pub. L. 105–276 § 595(e)(2) · 112 Stat. 2461

   Substituted · 25 U.S.C. § 4103(12)(C)(i)(II)

   Pub. L. 105–276, § 595(e)(2), substituted “705” for “107”

   Source evidence

   Code amendment note
   Par. (12)(C)(i)(II). Pub. L. 105–276, § 595(e)(2), substituted “705” for “107”.

   Enacted provision · exact public law section
   “(2) Cross-reference.— Section 4(12)(C)(i)(II) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(12)(C)(i)(II)) is amended by striking “section 107” and inserting “section 705”.

5. 2000

   Developmental Disabilities Assistance and Bill of Rights Act of 2000

   Pub. L. 106–402 title IV § 401(b)(2) · 114 Stat. 1677

   Substituted · 25 U.S.C. § 4103(17)(C)

   Pub. L. 106–402 substituted “as defined in section 15002 of title 42” for “as defined in section 6001 of title 42”

   Source evidence

   Code amendment note
   Par. (17)(C). Pub. L. 106–402 substituted “as defined in section 15002 of title 42” for “as defined in section 6001 of title 42”.

   Enacted provision · exact public law section
   (2) Native American housing assistance and self-determination act of 1996.— Section 4(17)(C) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(17)(C) is amended by striking “as defined in” and all that follows and inserting “as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.”.

6. 2002

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2002

   Pub. L. 107–292 § 3 · 116 Stat. 2053

   Added · 25 U.S.C. § 4103(22)

   Pub. L. 107–292 added par. (22)

   Source evidence

   Code amendment note
   Par. (22). Pub. L. 107–292 added par. (22).

   Enacted provision · exact public law section
   SEC. 3. DEFINITIONS. Section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C 4103) is amended by adding at the end the following: “(22) Housing related community development.— “(A) In general.— The term ‘housing related community development’ means any tribally-owned and operated facility, business, activity, or infrastructure that— “(i) is necessary to the direct construction of reservation housing; and “(ii) would help an Indian tribe or its tribally-designated housing authority reduce the cost of construction of Indian housing or otherwise promote the findings of this Act. “(B) Exclusion.— The term ‘housing and community development’ does not include any activity conducted by any Indian tribe under the Indian Gaming Regulatory Act (25 U.S.C. 2710 et seq.).”.

7. 2008

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2008

   Pub. L. 110–411 § 3 · 122 Stat. 4319

   1. Added · 25 U.S.C. § 4103(8)(22)

      Pub. L. 110–411 added par. (8)

   2. Redesignated · 25 U.S.C. § 4103(8)(22)

      Pub. L. 110–411 redesignated former pars. (8) to (21) as (9) to (22), respectively

   3. Struck · 25 U.S.C. § 4103(8)(22)

      Pub. L. 110–411 struck out former par. (22) which defined “housing related community development”

   Source evidence

   Code amendment note
   Pars. (8) to (22). Pub. L. 110–411 added par. (8), redesignated former pars. (8) to (21) as (9) to (22), respectively, and struck out former par. (22) which defined “housing related community development”.

   Enacted provision · exact public law section
   SEC. 3. DEFINITIONS.   Section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103) is amended— (1) by striking paragraph (22); (2) by redesignating paragraphs (8) through (21) as paragraphs (9) through (22), respectively; and (3) by inserting after paragraph (7) the following: “(8) Housing related community development.— “(A) In general.— The term ‘housing related community development’ means any facility, community building, business, activity, or infrastructure that— “(i) is owned by an Indian tribe or a tribally designated housing entity; “(ii) is necessary to the provision of housing in an Indian area; and “(iii) (I) would help an Indian tribe or tribally designated housing entity to reduce the cost of construction of Indian housing; “(II) would make housing more affordable, accessible, or practicable in an Indian area; or “(III) would otherwise advance the purposes of this Act. “(B) Exclusion.— The term ‘housing and community development’ does not include any activity conducted by any Indian tribe under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).” .

8. 2010

   Indian Veterans Housing Opportunity Act of 2010

   Pub. L. 111–269 § 2 · 124 Stat. 2850

   Added · 25 U.S.C. § 4103(9)(C)

   Pub. L. 111–269 added subpar. (C)

   Source evidence

   Code amendment note
   Par. (9)(C). Pub. L. 111–269 added subpar. (C).

   Enacted provision · exact public law section
   SEC. 2. EXCLUSION FROM INCOME.   Paragraph (9) of section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(9)) is amended by adding at the end the following new subparagraph: “(C) Any amounts received by any member of the family as disability compensation under chapter 11 of title 38, United States Code, or dependency and indemnity compensation under chapter 13 of such title.” .

10 of 10 references resolved to an enrolled provision