§ 4131. National objectives and eligible families

Footnotes

1. 1 So in original. Two pars. (6) have been enacted.

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 II § 201 · 110 Stat. 4016

   Enacted · 25 U.S.C. § 4131

   Pub. L. 104–330, title II, § 201, Oct. 26, 1996, 110 Stat. 4031

   Source evidence

   Code source credit
   Pub. L. 104–330, title II, § 201, Oct. 26, 1996, 110 Stat. 4031

   Enacted provision · exact public law section
   SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. (a) Primary Objective.— The national objectives of this Act 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 paragraph (2), assistance under eligible housing activities under this Act 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 202(2), model activities under section 202(6), or loan guarantee activities under title VI to Indian families who are not low-income families, to the extent that the Secretary approves the activities pursuant to such section or title 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 Act 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 Act 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) Preference for tribal members and other Indian families.— 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 Act 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 Act for such tribe are subject to such preference. (5) Exemption.— Title VI of the Civil Rights Act of 1964 and title VIII of the Civil Rights Act of 1968 shall not apply to actions by Indian tribes under this subsection.

2. 1998

   Pub. L. 105–276 title V § 595(e)(7) · 112 Stat. 2461

   1. Substituted · 25 U.S.C. § 4131(b)(5)

      Pub. L. 105–276 substituted “federally recognized tribes and the tribally designated housing entities of those tribes” for “Indian tribes”

   2. Substituted · 25 U.S.C. § 4131(b)(5)

      Pub. L. 105–276 substituted “chapter” for “subsection”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (7) Applicability of provisions of civil rights.— Section 201(b)(5) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131(b)(5)) is amended— (A) by striking “Indian tribes” and inserting “federally recognized tribes and the tribally designated housing entities of those tribes”; and (B) by striking “under this subsection” and inserting “under this Act”.

3. 2000

   Pub. L. 106–377 § 1(a)(1)(tII)(s210)(2) · 114 Stat. 1441

   Redesignated · 25 U.S.C. § 4131(b)(4)

   Pub. L. 106–377, § 1(a)(1) [title II, § 210(2)], added par. (4). Former par. (4) redesignated (5)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–377, § 1(a)(1) [title II, § 210(2)], added par. (4). Former par. (4) redesignated (5).

   Enacted provision · exact public law section
   (1) H.R. 5482, as introduced on October 18, 2000.

4. 2000

   Pub. L. 106–377 § 1(a)(1)(tII)(s210)(1) · 114 Stat. 1441

   Redesignated · 25 U.S.C. § 4131(b)(5)

   Pub. L. 106–377, § 1(a)(1) [title II, § 210(1)], redesignated par. (4) as (5). Former par. (5) redesignated (6)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–377, § 1(a)(1) [title II, § 210(1)], redesignated par. (4) as (5). Former par. (5) redesignated (6).

   Enacted provision · exact public law section
   (1) H.R. 5482, as introduced on October 18, 2000.

5. 2000

   Pub. L. 106–377 § 1(a)(1)(tII)(s210)(1) · 114 Stat. 1441

   Redesignated · 25 U.S.C. § 4131(b)(6)

   Pub. L. 106–377, § 1(a)(1) [title II, § 210(1)], redesignated par. (5), relating to exemption, as (6)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–377, § 1(a)(1) [title II, § 210(1)], redesignated par. (5), relating to exemption, as (6).

   Enacted provision · exact public law section
   (1) H.R. 5482, as introduced on October 18, 2000.

6. 2000

   Omnibus Indian Advancement Act

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

   Substituted · 25 U.S.C. § 4131(b)(1)

   Pub. L. 106–568, § 1003(e)(1), substituted “paragraphs (2) and (4)” for “paragraph (2)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 106–568, § 1003(e)(1), substituted “paragraphs (2) and (4)” for “paragraph (2)”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (4)”;

7. 2000

   Omnibus Indian Advancement Act

   Pub. L. 106–568 § 1003(e)(3) · 114 Stat. 2868

   Redesignated · 25 U.S.C. § 4131(b)(4)

   Pub. L. 106–568, § 1003(e)(3), added par. (4). Former par. (4) redesignated (5)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 106–568, § 1003(e)(3), added par. (4). Former par. (4) redesignated (5).

   Enacted provision · exact public law section
   (3) by inserting after paragraph (3) the following new paragraph: “(4) Law enforcement officers.— A recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this Act 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.”.

8. 2000

   Omnibus Indian Advancement Act

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

   Redesignated · 25 U.S.C. § 4131(b)(5)

   Pub. L. 106–568, § 1003(e)(2), redesignated par. (4) as (5). Former par. (5) redesignated (6)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 106–568, § 1003(e)(2), redesignated par. (4) as (5). Former par. (5) redesignated (6).

   Enacted provision · exact public law section
   (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

9. 2000

   Omnibus Indian Advancement Act

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

   Redesignated · 25 U.S.C. § 4131(b)(6)

   Pub. L. 106–568, § 1003(e)(2), redesignated par. (5), relating to preference for tribal members and other Indian families, as (6)

   Source evidence

   Code amendment note
   Subsec. (b)(6). Pub. L. 106–568, § 1003(e)(2), redesignated par. (5), relating to preference for tribal members and other Indian families, as (6).

   Enacted provision · exact public law section
   (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

10. 2008

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

    Pub. L. 110–411 § 201(1) · 122 Stat. 4319

    Inserted · 25 U.S.C. § 4131(b)(1)

    Pub. L. 110–411, § 201(1), inserted “and except with respect to loan guarantees under the demonstration program under subchapter VI,” after “paragraphs (2) and (4),”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–411, § 201(1), inserted “and except with respect to loan guarantees under the demonstration program under subchapter VI,” after “paragraphs (2) and (4),”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “and except with respect to loan guarantees under the demonstration program under title VI,” after “paragraphs (2) and (4),”;

11. 2008

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

    Pub. L. 110–411 § 201(2) · 122 Stat. 4319

    1. Added · 25 U.S.C. § 4131(b)(2)

       Pub. L. 110–411, § 201(2), added subpar. (A)

    2. Amended · 25 U.S.C. § 4131(b)(2)

       Pub. L. 110–411, § 201(2), designated second sentence as subpar. (B)

    3. Inserted · 25 U.S.C. § 4131(b)(2)

       Pub. L. 110–411, § 201(2), inserted heading

    4. Struck · 25 U.S.C. § 4131(b)(2)

       Pub. L. 110–411, § 201(2), struck out former first sentence which read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–411, § 201(2), added subpar. (A), designated second sentence as subpar. (B) and inserted heading, and struck out former first sentence which read as follows: “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.”

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by striking the first sentence and inserting the following: “(A) Exception to requirement.— Notwithstanding paragraph (1), a recipient may provide housing or housing assistance through affordable housing activities for which a grant is provided under this Act to any family that is not a low-income family, to the extent that the Secretary approves the activities due to a need for housing for those families that cannot reasonably be met without that assistance.” ; and (B) in the second sentence, by striking “The Secretary” and inserting the following: “(B) Limits.— The Secretary” ;

12. 2008

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

    Pub. L. 110–411 § 201(3) · 122 Stat. 4319

    1. Substituted · 25 U.S.C. § 4131(b)(3)

       Pub. L. 110–411, § 201(3), substituted “Essential” for “Non-Indian” in text

    2. Substituted · 25 U.S.C. § 4131(b)(3)

       Pub. L. 110–411, § 201(3), substituted “for a family” for “for a non-Indian family” in text

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 110–411, § 201(3), substituted “Essential” for “Non-Indian” in heading and “for a family” for “for a non-Indian family” in text.

    Enacted provision · exact public law section
    (3) in paragraph (3)— (A) in the paragraph heading, by striking “Non-indian” and inserting “Essential”; and (B) by striking “non-Indian family” and inserting “family”; and

13. 2008

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

    Pub. L. 110–411 § 201(4) · 122 Stat. 4319

    Inserted · 25 U.S.C. § 4131(b)(4)(A)(i)

    Pub. L. 110–411, § 201(4), inserted “or other unit of local government,” after “county,”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A)(i). Pub. L. 110–411, § 201(4), inserted “or other unit of local government,” after “county,”.

    Enacted provision · exact public law section
    (4) in paragraph (4)(A)(i), by inserting “or other unit of local government,” after “county,”.

18 of 18 references resolved to an enrolled provision