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Title 25 — Indians

Part A · Chapter 43 — Native American Housing Assistance and Self-Determination

§ 4133. Program requirements

Statutory text

(a)

Rents

(1)

Establishment

Subject to paragraph (2), each recipient shall develop written policies governing rents and homebuyer payments charged for dwelling units assisted under this chapter, including the methods by which such rents and homebuyer payments are determined.

(2)

Maximum rent

In the case of any low-income family residing in a dwelling unit assisted with grant amounts under this chapter, the monthly rent or homebuyer payment (as applicable) for such dwelling unit may not exceed 30 percent of the monthly adjusted income of such family.

(b)

Maintenance and efficient operation

Each recipient who owns or operates (or is responsible for funding any entity that owns or operates) 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.] shall, using amounts of any grants received under this chapter, reserve and use for operating assistance under section 4132(1) of this title such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing. This subsection may not be construed to prevent any recipient (or entity funded by a recipient) from demolishing or disposing of Indian housing referred to in this subsection, pursuant to regulations established by the Secretary.

(c)

Insurance coverage

Each recipient shall maintain adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this chapter.

(d)

Eligibility for admission

Each recipient shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this chapter.

(e)

Management and maintenance

Each recipient shall develop policies governing the management and maintenance of housing assisted with grant amounts under this chapter.

(f)

Use of grant amounts over extended periods

(1)

In general

To the extent that the Indian housing plan for an Indian tribe provides for the use of amounts of a grant under section 4111 of this title for a period of more than 1 fiscal year, or for affordable housing activities for which the amounts will be committed for use or expended during a subsequent fiscal year, the Secretary shall not require those amounts to be used or committed for use at any time earlier than otherwise provided for in the Indian housing plan.

(2)

Carryover

Any amount of a grant provided to an Indian tribe under section 4111 of this title for a fiscal year that is not used by the Indian tribe during that fiscal year may be used by the Indian tribe during any subsequent fiscal year.

(g)

De minimis exemption for procurement of goods and services

Notwithstanding any other provision of law, a recipient shall not be required to act in accordance with any otherwise applicable competitive procurement rule or procedure with respect to the procurement, using a grant provided under this chapter, of goods and services the value of which is less than $5,000.

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. Native American Housing Assistance and Self-Determination Act of 1996

    Pub. L. 104–330 title II § 203 · 110 Stat. 4016

    Enacted · 25 U.S.C. § 4133

    Pub. L. 104–330, title II, § 203, Oct. 26, 1996, 110 Stat. 4032

    Source evidence

    Code source credit
    Pub. L. 104–330, title II, § 203, Oct. 26, 1996, 110 Stat. 4032

    Enacted provision · exact public law section
    SEC. 203. PROGRAM REQUIREMENTS. (a) Rents.— (1) Establishment.— Subject to paragraph (2), each recipient shall develop written policies governing rents and homebuyer payments charged for dwelling units assisted under this Act, including the methods by which such rents and home-buyer payments are determined. (2) Maximum rent.— In the case of any low-income family residing in a dwelling unit assisted with grant amounts under this Act, the monthly rent or homebuyer payment (as applicable) for such dwelling unit may not exceed 30 percent of the monthly adjusted income of such family. (b) Maintenance and Efficient Operation.— Each recipient who owns or operates (or is responsible for funding any entity that owns or operates) 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 shall, using amounts of any grants received under this Act, reserve and use for operating assistance under section 202(1) such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing. This subsection may not be construed to prevent any recipient (or entity funded by a recipient) from demolishing or disposing of Indian housing referred to in this subsection, pursuant to regulations established by the Secretary. (c) Insurance Coverage.— Each recipient shall maintain adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this Act. (d) Eligibility for Admission.— Each recipient shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this Act. (e) Management and Maintenance.— Each recipient shall develop policies governing the management and maintenance of housing assisted with grant amounts under this Act.

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

    Pub. L. 110–411 title II § 203 · 122 Stat. 4319

    Added · 25 U.S.C. § 4133(f); 25 U.S.C. § 4133(g)

    Pub. L. 110–411 added subsecs. (f) and (g)

    Source evidence

    Code amendment note
    Subsecs. (f), (g). Pub. L. 110–411 added subsecs. (f) and (g).

    Enacted provision · exact public law section
    SEC. 203. PROGRAM REQUIREMENTS.   Section 203 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by adding at the end the following: “(f) Use of Grant Amounts Over Extended Periods.— “(1) In general.— To the extent that the Indian housing plan for an Indian tribe provides for the use of amounts of a grant under section 101 for a period of more than 1 fiscal year, or for affordable housing activities for which the amounts will be committed for use or expended during a subsequent fiscal year, the Secretary shall not require those amounts to be used or committed for use at any time earlier than otherwise provided for in the Indian housing plan. “(2) Carryover.— Any amount of a grant provided to an Indian tribe under section 101 for a fiscal year that is not used by the Indian tribe during that fiscal year may be used by the Indian tribe during any subsequent fiscal year. “(g) De Minimis Exemption for Procurement of Goods and Services.— Notwithstanding any other provision of law, a recipient shall not be required to act in accordance with any otherwise applicable competitive procurement rule or procedure with respect to the procurement, using a grant provided under this Act, of goods and services the value of which is less than $5,000.” .

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 104–330, , 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables.

The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), , 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables.

Amendments

2008—Subsecs. (f), (g). Pub. L. 110–411 added subsecs. (f) and (g).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.

Credits

1996–2008 · 2 acts
  1. 1996Pub. L. 104–330, title II, § 203, , 110 Stat. 4032
  2. 2008Pub. L. 110–411, title II, § 203, , 122 Stat. 4325.
Show as published

(Pub. L. 104–330, title II, § 203, , 110 Stat. 4032; Pub. L. 110–411, title II, § 203, , 122 Stat. 4325.)

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