§ 4111. Block grants

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 title I § 101 · 110 Stat. 4016

   Enacted · 25 U.S.C. § 4111

   Pub. L. 104–330, title I, § 101, Oct. 26, 1996, 110 Stat. 4022

   Source evidence

   Code source credit
   Pub. L. 104–330, title I, § 101, Oct. 26, 1996, 110 Stat. 4022

   Enacted provision · exact public law section
   SEC. 101. BLOCK GRANTS. (a) Authority.— For each fiscal year, the Secretary shall (to the extent amounts are made available to carry out this Act) make grants under this section on behalf of Indian tribes to carry out affordable housing activities. Under such a grant on behalf of an Indian tribe, the Secretary shall provide the grant amounts for the tribe directly to the recipient for the tribe. (b) Plan Requirement.— (1) In general.— The Secretary may make a grant under this Act on behalf of an Indian tribe for a fiscal year only if— (A) the Indian tribe has submitted to the Secretary an Indian housing plan for such fiscal year under section 102; and (B) the plan has been determined under section 103 to comply with the requirements of section 102. (2) Waiver.— The Secretary may waive the applicability of the requirements under paragraph (1), in whole or in part, if the Secretary finds that an Indian tribe has not complied or cannot comply with such requirements due to circumstances beyond the control of the tribe. (c) Local Cooperation Agreement.— The Secretary may not make any grant under this Act on behalf of an Indian tribe unless the governing body of the locality within which any affordable housing to be assisted with the grant amounts will be situated has entered into an agreement with the recipient for the tribe providing for local cooperation required by the Secretary pursuant to this Act. (d) Exemption From Taxation.— A grant recipient for an Indian tribe may receive a block grant under this Act only if— (1) the affordable housing assisted with grant amounts received by the recipient (exclusive of any portions not assisted with amounts provided under this Act) is exempt from all real and personal property taxes levied or imposed by any State, tribe, city, county, or other political subdivision; and (2) the recipient makes annual payments of user fees to compensate such governments for the costs of providing governmental services, including police and fire protection, roads, water and sewerage systems, utilities systems and related facilities, or payments in lieu of taxes to such taxing authority, in an amount equal to the greater of $150 per dwelling unit or 10 percent of the difference between the shelter rent and the utility cost, or such lesser amount as— (A) is prescribed by State, tribal, or local law; (B) is agreed to by the local governing body in the agreement under subsection (c); or (C) the recipient and the local governing body agree that such user fees or payments in lieu of taxes shall not be made. (e) Effect of Failure To Exempt From Taxation.— Notwithstanding subsection (d), a grant recipient that does not comply with the requirements under such subsection may receive a block grant under this Act, but only if the tribe, State, city, county, or other political subdivision in which the affordable housing development is located contributes, in the form of cash or tax remission, the amount by which the taxes paid with respect to the development exceed the amounts prescribed in subsection (d)(2). (f) Amount.— Except as otherwise provided under this Act, the amount of a grant under this section to a recipient for a fiscal year shall be— (1) in the case of a recipient whose grant beneficiary is a single Indian tribe, the amount of the allocation under section 301 for the Indian tribe; and (2) in the case of a recipient whose grant beneficiary is more than 1 Indian tribe, the sum of the amounts of the allocations under section 301 for each such Indian tribe. (g) Use for Affordable Housing Activities Under Plan.— Except as provided in subsection (h), amounts provided under a grant under this section may be used only for affordable housing activities under title II that are consistent with an Indian housing plan approved under section 103. (h) Administrative Expenses.— The Secretary shall, by regulation, Regulations authorize each recipient to use a percentage of any grant amounts received under this Act for any reasonable administrative and planning expenses of the recipient relating to carrying out this Act and activities assisted with such amounts, which may include costs for salaries of individuals engaged in administering and managing affordable housing activities assisted with grant amounts provided under this Act and expenses of preparing an Indian housing plan under section 102. (i) Public-Private Partnerships.— Each recipient shall make all reasonable efforts, consistent with the purposes of this Act, to maximize participation by the private sector, including nonprofit organizations and for-profit entities, in implementing the approved Indian housing plan.

2. 1998

   Pub. L. 105–276 § 595(e)(3) · 112 Stat. 2461

   Amended · 25 U.S.C. § 4111(c)

   Pub. L. 105–276, § 595(e)(3), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary may not make any grant under this chapter on behalf of an Indian tribe unless the governing body of the locality within which any affordable housing to be assisted with the grant amounts will be situated has entered into an agreement with the recipient for the tribe providing for local cooperation required by the Secretary pursuant to this chapter.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–276, § 595(e)(3), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary may not make any grant under this chapter on behalf of an Indian tribe unless the governing body of the locality within which any affordable housing to be assisted with the grant amounts will be situated has entered into an agreement with the recipient for the tribe providing for local cooperation required by the Secretary pursuant to this chapter.”

   Enacted provision · exact public law section
   (3) Local cooperation agreements.— Section 101(c) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(c)) is amended to read as follows: “(c) Local Cooperation Agreement.— Notwithstanding any other provision of this Act, grant amounts provided under this Act on behalf of an Indian tribe may not be used for rental or lease-purchase homeownership units that are owned by the recipient for the tribe unless the governing body of the locality within which the property subject to the development activities to be assisted with the grant amounts is or will be situated has entered into an agreement with the recipient for the tribe providing for local cooperation required by the Secretary pursuant to this Act.”.

3. 1998

   Pub. L. 105–276 § 595(e)(4)(A) · 112 Stat. 2461

   1. Added · 25 U.S.C. § 4111(d)

      Pub. L. 105–276, § 595(e)(4)(A), added subsec. (d) heading, introductory provisions, and par. (1)

   2. Struck · 25 U.S.C. § 4111(d)

      Pub. L. 105–276, § 595(e)(4)(A), struck out former subsec. (d) heading, introductory provisions, and par. (1). Text read as follows: “A grant recipient for an Indian tribe may receive a block grant under this chapter only if—

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 105–276, § 595(e)(4)(A), added subsec. (d) heading, introductory provisions, and par. (1), and struck out former subsec. (d) heading, introductory provisions, and par. (1). Text read as follows: “A grant recipient for an Indian tribe may receive a block grant under this chapter only if—

   “(1) the affordable housing assisted with grant amounts received by the recipient (exclusive of any portions not assisted with amounts provided under this chapter) is exempt from all real and personal property taxes levied or imposed by any State, tribe, city, county, or other political subdivision; and”.

   Enacted provision · exact public law section
   “(A) by striking the subsection designation and subsection heading and all that follows through the end of paragraph (1) and inserting the following: “(d) Exemption From Taxation.— Notwithstanding any other provision of this Act, grant amounts provided under this Act on behalf of an Indian tribe may not be used for affordable housing activities under this Act for rental or lease-purchase dwelling units developed under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or with amounts provided under this Act that are owned by the recipient for the tribe unless— “(1) such dwelling units (which, in the case of units in a multi-unit project, shall be exclusive of any portions of the project not developed under the United States Housing Act of 1937 or with amounts provided under this Act) are exempt from all real and personal property taxes levied or imposed by any State, tribe, city, county, or other political subdivision; and” ; and

4. 1998

   Pub. L. 105–276 § 595(e)(4)(B) · 112 Stat. 2461

   Inserted · 25 U.S.C. § 4111(d)(2)

   Pub. L. 105–276, § 595(e)(4)(B), inserted “for the tribe” after “the recipient” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 105–276, § 595(e)(4)(B), inserted “for the tribe” after “the recipient” in introductory provisions.

   Enacted provision · exact public law section
   (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting “for the tribe” after “the recipient”.

5. 2000

   Omnibus Indian Advancement Act

   Pub. L. 106–568 § 1003(a)(1) · 114 Stat. 2868

   1. Amended · 25 U.S.C. § 4111(b)(2)

      Pub. L. 106–568, § 1003(a)(1), and Pub. L. 106–569, § 503(a)(1), amended par. (2) identically

   2. Substituted · 25 U.S.C. § 4111(b)(2)

      Pub. L. 106–568, § 1003(a)(1), and Pub. L. 106–569, § 503(a)(1), substituting “for a period of not more than 90 days, if the Secretary determines that an Indian tribe has not complied with, or is unable to comply with, those requirements due to exigent circumstances beyond the control of the Indian tribe.” for “if the Secretary finds that an Indian tribe has not complied or cannot comply with such requirements due to circumstances beyond the control of the tribe.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 106–568, § 1003(a)(1), and Pub. L. 106–569, § 503(a)(1), amended par. (2) identically, substituting “for a period of not more than 90 days, if the Secretary determines that an Indian tribe has not complied with, or is unable to comply with, those requirements due to exigent circumstances beyond the control of the Indian tribe.” for “if the Secretary finds that an Indian tribe has not complied or cannot comply with such requirements due to circumstances beyond the control of the tribe.”

   Enacted provision · exact public law section
   (1) In general.— Section 101(b)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(b)(2)) is amended by striking “if the Secretary” and all that follows through the period at the end and inserting the following: “for a period of not more than 90 days, if the Secretary determines that an Indian tribe has not complied with, or is unable to comply with, those requirements due to exigent circumstances beyond the control of the Indian tribe.”.

6. 2000

   Omnibus Indian Advancement Act

   Pub. L. 106–568 § 1003(a)(2) · 114 Stat. 2868

   1. Amended · 25 U.S.C. § 4111(c)

      Pub. L. 106–568, § 1003(a)(2), and Pub. L. 106–569, § 503(a)(2), amended subsec. (c) identically

   2. Inserted · 25 U.S.C. § 4111(c)

      Pub. L. 106–568, § 1003(a)(2), and Pub. L. 106–569, § 503(a)(2), inserting at end “The Secretary may waive the requirements of this subsection and subsection (d) if the recipient has made a good faith effort to fulfill the requirements of this subsection and subsection (d) and agrees to make payments in lieu of taxes to the appropriate taxing authority in an amount consistent with the requirements of subsection (d)(2) until such time as the matter of making such payments has been resolved in accordance with subsection (d).”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 106–568, § 1003(a)(2), and Pub. L. 106–569, § 503(a)(2), amended subsec. (c) identically, inserting at end “The Secretary may waive the requirements of this subsection and subsection (d) if the recipient has made a good faith effort to fulfill the requirements of this subsection and subsection (d) and agrees to make payments in lieu of taxes to the appropriate taxing authority in an amount consistent with the requirements of subsection (d)(2) until such time as the matter of making such payments has been resolved in accordance with subsection (d).”

   Enacted provision · exact public law section
   (2) Local cooperation agreement.— Section 101(c) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(c)) is amended by adding at the end the following; “The Secretary may waive the requirements of this subsection and subsection (d) if the recipient has made a good faith effort to fulfill the requirements of this subsection and subsection (d) and agrees to make payments in lieu of taxes to the appropriate taxing authority in an amount consistent with the requirements of subsection (d)(2) until such time as the matter of making such payments has been resolved in accordance with subsection (d).”.

7. 2002

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

   Pub. L. 107–292 § 4 · 116 Stat. 2053

   Inserted · 25 U.S.C. § 4111(h)

   Pub. L. 107–292 inserted “and planning” after “Administrative” in heading and “for comprehensive housing and community development planning activities and” after “received under this chapter” in text

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 107–292 inserted “and planning” after “Administrative” in heading and “for comprehensive housing and community development planning activities and” after “received under this chapter” in text.

   Enacted provision · exact public law section
   SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS. Section 101(h) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(h)) is amended— (1) in the heading, by inserting “AND PLANNING” after “Administrative”; and (2) by inserting after the word “Act” the first place that term appears, the following: “for comprehensive housing and community development planning activities and”.

8. 2008

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

   Pub. L. 110–411 § 101(1) · 122 Stat. 4319

   1. Amended · 25 U.S.C. § 4111(a)

      Pub. L. 110–411, § 101(1), designated first sentence as par. (1)

   2. Inserted · 25 U.S.C. § 4111(a)

      Pub. L. 110–411, § 101(1), inserted heading

   3. Substituted · 25 U.S.C. § 4111(a)

      Pub. L. 110–411, § 101(1), substituted “tribes—” for “tribes to carry out affordable housing activities.”

   4. Added · 25 U.S.C. § 4111(a)

      Pub. L. 110–411, § 101(1), added subpars. (A) and (B)

   5. Amended · 25 U.S.C. § 4111(a)

      Pub. L. 110–411, § 101(1), designated second sentence as par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–411, § 101(1), designated first sentence as par. (1) and inserted heading, substituted “tribes—” for “tribes to carry out affordable housing activities.”, added subpars. (A) and (B), and designated second sentence as par. (2) and inserted heading.

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) in the first sentence— (i) by striking “For each” and inserting the following: “(1) In general.— For each” ; (ii) by striking “tribes to carry out affordable housing activities.” and inserting the following: “tribes— “(A) to carry out affordable housing activities under subtitle A of title II; and” ; and (iii) by adding at the end the following: “(B) to carry out self-determined housing activities for tribal communities programs under subtitle B of that title.” ; and (B) in the second sentence, by striking “Under” and inserting the following: “(2) Provision of amounts.— Under” ;

9. 2008

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

   Pub. L. 110–411 § 101(2) · 122 Stat. 4319

   Inserted · 25 U.S.C. § 4111(g)

   Pub. L. 110–411, § 101(2), inserted “of this section and part B of subchapter II” after “subsection (h)”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 110–411, § 101(2), inserted “of this section and part B of subchapter II” after “subsection (h)”.

   Enacted provision · exact public law section
   (2) in subsection (g), by inserting “of this section and subtitle B of title II” after “subsection (h)”; and

10. 2008

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

    Pub. L. 110–411 § 101(3) · 122 Stat. 4319

    Added · 25 U.S.C. § 4111(j); 25 U.S.C. § 4111(k)

    Pub. L. 110–411, § 101(3), added subsecs. (j) and (k)

    Source evidence

    Code amendment note
    Subsecs. (j), (k). Pub. L. 110–411, § 101(3), added subsecs. (j) and (k).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(j) Federal Supply Sources.— For purposes of section 501 of title 40, United States Code, on election by the applicable Indian tribe— “(1) each Indian tribe or tribally designated housing entity shall be considered to be an Executive agency in carrying out any program, service, or other activity under this Act; and “(2) each Indian tribe or tribally designated housing entity and each employee of the Indian tribe or tribally designated housing entity shall have access to sources of supply on the same basis as employees of an Executive agency. “(k) Tribal Preference in Employment and Contracting.— Notwithstanding any other provision of law, with respect to any grant (or portion of a grant) made on behalf of an Indian tribe under this Act that is intended to benefit 1 Indian tribe, the tribal employment and contract preference laws (including regulations and tribal ordinances ) adopted by the Indian tribe that receives the benefit shall apply with respect to the administration of the grant (or portion of a grant).” .

17 of 17 references resolved to an enrolled provision