§ 1715z-13a. — Loan guarantees for Indian housing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1715z-13a]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
SUBCHAPTER II--MORTGAGE INSURANCE
Sec. 1715z-13a. Loan guarantees for Indian housing
(a) Authority
To provide access to sources of private financing to Indian
families, Indian housing authorities, and Indian tribes, who otherwise
could not acquire housing financing because of the unique legal status
of Indian lands, the Secretary may guarantee not to exceed 100 percent
of the unpaid principal and interest due on any loan eligible under
subsection (b) of this section made to an Indian family, Indian housing
authority, or Indian tribe.
(b) Eligible loans
Loans guaranteed pursuant to this section shall meet the following
requirements:
(1) Eligible borrowers
The loans shall be made only to borrowers who are Indian
families, Indian housing authorities, or Indian tribes.
(2) Eligible housing
The loan shall be used to construct, acquire, refinance, or
rehabilitate 1- to 4-family dwellings that are standard housing and
are located on trust land or land located in an Indian or Alaska
Native area.
(3) Security
The loan may be secured by any collateral authorized under
existing Federal law or applicable State or tribal law.
(4) Lenders
The loan shall be made only by a lender approved by and meeting
qualifications established by the Secretary, except that loans
otherwise insured or guaranteed by an agency of the Federal
Government or made by an organization of Indians from amounts
borrowed from the United States shall not be eligible for guarantee
under this section. The following lenders are deemed to be approved
under this paragraph:
(A) Any mortgagee approved by the Secretary of Housing and
Urban Development for participation in the single family
mortgage insurance program under title II of the National
Housing Act [12 U.S.C. 1707 et seq.].
(B) Any lender whose housing loans under chapter 37 of title
38 are automatically guaranteed pursuant to section 1802(d) \1\
of such title.
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\1\ So in original. Probably should be section ``3702(d)''.
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(C) Any lender approved by the Secretary of Agriculture to
make guaranteed loans for single family housing under the
Housing Act of 1949 [42 U.S.C. 1441 et seq.].
(D) Any other lender that is supervised, approved,
regulated, or insured by any agency of the Federal Government.
(5) Terms
The loan shall--
(A) be made for a term not exceeding 30 years;
(B) bear interest (exclusive of the guarantee fee under
section 404 \2\ and service charges, if any) at a rate agreed
upon by the borrower and the lender and determined by the
Secretary to be reasonable, which may not exceed the rate
generally charged in the area (as determined by the Secretary)
for home mortgage loans not guaranteed or insured by any agency
or instrumentality of the Federal Government;
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\2\ So in original. Probably should be ``subsection (d) of this
section''.
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(C) involve a principal obligation not exceeding--
(i) 97.75 percent of the appraised value of the property
as of the date the loan is accepted for guarantee (or 98.75
percent if the value of the property is $50,000 or less);
and
(ii) the amount approved by the Secretary under this
section; and
(D) involve a payment on account of the property (i) in cash
or its equivalent, or (ii) through the value of any improvements
to the property made through the skilled or unskilled labor of
the borrower, as the Secretary shall provide.
(c) Certificate of guarantee
(1) Approval process
Before the Secretary approves any loan for guarantee under this
section, the lender shall submit the application for the loan to the
Secretary for examination. If the Secretary approves the loan for
guarantee, the Secretary shall issue a certificate under this
paragraph as evidence of the guarantee.
(2) Standard for approval
The Secretary may approve a loan for guarantee under this
section and issue a certificate under this paragraph only if the
Secretary determines there is a reasonable prospect of repayment of
the loan.
(3) Effect
A certificate of guarantee issued under this paragraph by the
Secretary shall be conclusive evidence of the eligibility of the
loan for guarantee under the provisions of this section and the
amount of such guarantee. Such evidence shall be incontestable in
the hands of the bearer and the full faith and credit of the United
States is pledged to the payment of all amounts agreed to be paid by
the Secretary as security for such obligations.
(4) Fraud and misrepresentation
This subsection may not be construed to preclude the Secretary
from establishing defenses against the original lender based on
fraud or material misrepresentation or to bar the Secretary from
establishing by regulations in effect on the date of issuance or
disbursement, whichever is earlier, partial defenses to the amount
payable on the guarantee.
(d) Guarantee fee
The Secretary shall fix and collect a guarantee fee for the
guarantee of loans under this section, which may not exceed the amount
equal to 1 percent of the principal obligation of the loan. The fee
shall be paid by the lender at time of issuance of the guarantee and
shall be adequate, in the determination of the Secretary, to cover
expenses and probable losses. The Secretary shall deposit any fees
collected under this subsection in the Indian Housing Loan Guarantee
Fund established under subsection (i) of this section.
(e) Liability under guarantee
The liability under a guarantee provided under this section shall
decrease or increase on a pro rata basis according to any decrease or
increase in the amount of the unpaid obligation under the provisions of
the loan agreement.
(f) Transfer and assumption
Notwithstanding any other provision of law, any loan guaranteed
under this section, including the security given for the loan, may be
sold or assigned by the lender to any financial institution subject to
examination and supervision by an agency of the Federal Government or of
any State or the District of Columbia.
(g) Disqualification of lenders and civil money penalties
(1) In general
If the Secretary determines that any lender or holder of a
guarantee certificate under subsection (c) of this section has
failed to maintain adequate accounting records, to adequately
service loans guaranteed under this section, to exercise proper
credit or underwriting judgment, or has engaged in practices
otherwise detrimental to the interest of a borrower or the United
States, the Secretary may--
(A) refuse, either temporarily or permanently, to guarantee
any further loans made by such lender or holder;
(B) bar such lender or holder from acquiring additional
loans guaranteed under this section; and
(C) require that such lender or holder assume not less than
10 percent of any loss on further loans made or held by the
lender or holder that are guaranteed under this section.
(2) Civil money penalties for intentional violations
If the Secretary determines that any lender or holder of a
guarantee certificate under subsection (c) of this section has
intentionally failed to maintain adequate accounting records, to
adequately service loans guaranteed under this section, or to
exercise proper credit or underwriting judgment, the Secretary may
impose a civil money penalty on such lender or holder in the manner
and amount provided under section 536 of the National Housing Act
[12 U.S.C. 1735f-14] with respect to mortgagees and lenders under
such Act.
(3) Payment on loans made in good faith
Notwithstanding paragraphs (1) and (2), the Secretary may not
refuse to pay pursuant to a valid guarantee on loans of a lender or
holder barred under this subsection if the loans were previously
made in good faith.
(h) Payment under guarantee
(1) Lender options
(A) In general
In the event of default by the borrower on a loan guaranteed
under this section, the holder of the guarantee certificate
shall provide written notice of the default to the Secretary.
Upon providing such notice, the holder of the guarantee
certificate shall be entitled to payment under the guarantee
(subject to the provisions of this section) and may proceed to
obtain payment in one of the following manners:
(i) Foreclosure
The holder of the certificate may initiate foreclosure
proceedings (after providing written notice of such action
to the Secretary) and upon a final order by the court
authorizing foreclosure and submission to the Secretary of a
claim for payment under the guarantee, the Secretary shall
pay to the holder of the certificate the pro rata portion of
the amount guaranteed (as determined pursuant to subsection
(e) of this section) plus reasonable fees and expenses as
approved by the Secretary. The Secretary shall be subrogated
to the rights of the holder of the guarantee and the lender
holder shall assign the obligation and security to the
Secretary.
(ii) No foreclosure
Without seeking foreclosure (or in any case in which a
foreclosure proceeding initiated under clause (i) continues
for a period in excess of 1 year), the holder of the
guarantee may submit to the Secretary a request to assign
the obligation and security interest to the Secretary in
return for payment of the claim under the guarantee. The
Secretary may accept assignment of the loan if the Secretary
determines that the assignment is in the best interests of
the United States. Upon assignment, the Secretary shall pay
to the holder of the guarantee the pro rata portion of the
amount guaranteed (as determined under subsection (e) of
this section). The Secretary shall be subrogated to the
rights of the holder of the guarantee and the holder shall
assign the obligation and security to the Secretary.
(B) Requirements
Before any payment under a guarantee is made under
subparagraph (A), the holder of the guarantee shall exhaust all
reasonable possibilities of collection. Upon payment, in whole
or in part, to the holder, the note or judgment evidencing the
debt shall be assigned to the United States and the holder shall
have no further claim against the borrower or the United States.
The Secretary shall then take such action to collect as the
Secretary determines appropriate.
(2) Limitations on liquidation
In the event of a default by the borrower on a loan guaranteed
under this section involving a security interest in restricted
Indian land, the mortgagee or the Secretary shall only pursue
liquidation after offering to transfer the account to an eligible
tribal member, the tribe, or the Indian housing authority serving
the tribe or tribes. If the mortgagee or the Secretary subsequently
proceeds to liquidate the account, the mortgagee or the Secretary
shall not sell, transfer, or otherwise dispose of or alienate the
property except to one of the entities described in the preceding
sentence.
(i) Indian Housing Loan Guarantee Fund
(1) Establishment
There is established in the Treasury of the United States the
Indian Housing Loan Guarantee Fund for the purpose of providing loan
guarantees under this section.
(2) Credits
The Guarantee Fund shall be credited with--
(A) any amounts, claims, notes, mortgages, contracts, and
property acquired by the Secretary under this section, and any
collections and proceeds therefrom;
(B) any amounts appropriated under paragraph (7);
(C) any guarantee fees collected under subsection (d) of
this section; and
(D) any interest or earnings on amounts invested under
paragraph (4).
(3) Use
Amounts in the Guarantee Fund shall be available, to the extent
provided in appropriation Acts, for--
(A) fulfilling any obligations of the Secretary with respect
to loans guaranteed under this section, including the costs (as
such term is defined in section 661a of title 2) of such loans;
(B) paying taxes, insurance, prior liens, expenses necessary
to make fiscal adjustment in connection with the application and
transmittal of collections, and other expenses and advances to
protect the Secretary for loans which are guaranteed under this
section or held by the Secretary;
(C) acquiring such security property at foreclosure sales or
otherwise;
(D) paying administrative expenses in connection with this
section; and
(E) reasonable and necessary costs of rehabilitation and
repair to properties that the Secretary holds or owns pursuant
to this section.
(4) Investment
Any amounts in the Guarantee Fund determined by the Secretary to
be in excess of amounts currently required to carry out this section
may be invested in obligations of the United States.
(5) Limitation on commitments to guarantee loans and
mortgages
(A) Requirement of appropriations
The authority of the Secretary to enter into commitments to
guarantee loans under this section shall be effective for any
fiscal year to the extent or in such amounts as are or have been
provided in appropriations Acts, without regard to the fiscal
year for which such amounts were appropriated.
(B) Limitations on costs of guarantees
The authority of the Secretary to enter into commitments to
guarantee loans under this section shall be effective for any
fiscal year only to the extent that amounts in the Guarantee
Fund are or have been made available in appropriation Acts to
cover the costs (as such term is defined in section 661a of
title 2) of such loan guarantees for such fiscal year. Any
amounts appropriated pursuant to this subparagraph shall remain
available until expended.
(C) Limitation on outstanding aggregate principal amount
Subject to the limitations in subparagraphs (A) and (B), the
Secretary may enter into commitments to guarantee loans under
this section in each of fiscal years 1997 through 2007 with an
aggregate outstanding principal amount not exceeding such amount
as may be provided in appropriation Acts for such fiscal year.
(6) Liabilities
All liabilities and obligations of the assets credited to the
Guarantee Fund under paragraph (2)(A) shall be liabilities and
obligations of the Guarantee Fund.
(7) Authorization of appropriations
There are authorized to be appropriated to the Guarantee Fund to
carry out this section such sums as may be necessary for each of
fiscal years 1997 through 2007.
(j) Requirements for standard housing
The Secretary shall, by regulation, establish housing safety and
quality standards for use under this section. Such standards shall
provide sufficient flexibility to permit the use of various designs and
materials in housing acquired with loans guaranteed under this section.
The standards shall require each dwelling unit in any housing so
acquired to--
(1) be decent, safe, sanitary, and modest in size and design;
(2) conform with applicable general construction standards for
the region;
(3) contain a heating system that--
(A) has the capacity to maintain a minimum temperature in
the dwelling of 65 degrees Fahrenheit during the coldest weather
in the area;
(B) is safe to operate and maintain;
(C) delivers a uniform distribution of heat; and
(D) conforms to any applicable tribal heating code or, if
there is no applicable tribal code, an appropriate county,
State, or National code;
(4) contain a plumbing system that--
(A) uses a properly installed system of piping;
(B) includes a kitchen sink and a partitional bathroom with
lavatory, toilet, and bath or shower; and
(C) uses water supply, plumbing, and sewage disposal systems
that conform to any applicable tribal code or, if there is no
applicable tribal code, the minimum standards established by the
applicable county or State;
(5) contain an electrical system using wiring and equipment
properly installed to safely supply electrical energy for adequate
lighting and for operation of appliances that conforms to any
applicable tribal code or, if there is no applicable tribal code, an
appropriate county, State, or National code;
(6) be not less than--
(A)(i) 570 square feet in size, if designed for a family of
not more than 4 persons;
(ii) 850 square feet in size, if designed for a family of
not less than 5 and not more than 7 persons; and
(iii) 1020 square feet in size, if designed for a family of
not less than 8 persons, or
(B) the size provided under the applicable locally adopted
standards for size of dwelling units;
except that the Secretary, upon the request of a tribe or Indian
housing authority, may waive the size requirements under this
paragraph; and
(7) conform with the energy performance requirements for new
construction established by the Secretary under section 526(a) of
the National Housing Act [12 U.S.C. 1735f-4(a)].
(k) Environmental review
For purposes of environmental,\3\ review, decisionmaking, and action
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and any other law that furthers the purposes of that Act, a loan
guarantee under this section shall--
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\3\ So in original. The comma probably should not appear.
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(1) be treated as a grant under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.); and
(2) be subject to the regulations promulgated by the Secretary
to carry out section 105 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4115).
(l) Definitions
For purposes of this section:
(1) The term ``family'' means 1 or more persons maintaining a
household, as the Secretary shall by regulation provide.
(2) The term ``Guarantee Fund'' means the Indian Housing Loan
Guarantee Fund established under subsection (i) of this section.
(3) The term ``Indian'' means person recognized as being Indian
or Alaska Native by an Indian tribe, the Federal Government, or any
State.
(4) The term ``Indian area'' means the area within which an
Indian housing authority or Indian tribe is authorized to provide
housing.
(5) The term ``Indian housing authority'' means any entity
that--
(A) is authorized to engage in or assist in the development
or operation of--
(i) low-income housing for Indians; or
(ii) housing subject to the provisions of this section;
and
(B) is established--
(i) by exercise of the power of self-government of an
Indian tribe independent of State law; or
(ii) by operation of State law providing specifically
for housing authorities for Indians, including regional
housing authorities in the State of Alaska.
The term includes tribally designated housing entities under the
Native American Housing Assistance and Self-Determination Act of
1996 [25 U.S.C. 4101 et seq.].
(6) The term ``Secretary'' means the Secretary of Housing and
Urban Development.
(7) The term ``standard housing'' means a dwelling unit or
housing that complies with the requirements established under
subsection (j) of this section.
(8) Tribe; indian tribe.--The term ``tribe'' or ``Indian 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 [43 U.S.C. 1601
et seq.], 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 [25 U.S.C. 450 et seq.].
(9) The term ``trust land'' means land title to which is held by
the United States for the benefit of an Indian or Indian tribe or
title to which is held by an Indian tribe subject to a restriction
against alienation imposed by the United States.
(Pub. L. 102-550, title I, Sec. 184, Oct. 28, 1992, 106 Stat. 3739; Pub.
L. 104-330, title VII, Sec. 701(a)-(j), Oct. 26, 1996, 110 Stat. 4048-
4050; Pub. L. 105-276, title V, Sec. 595(e)(11)-(13), Oct. 21, 1998, 112
Stat. 2658; Pub. L. 106-377, Sec. 1(a)(1) [title II, Sec. 227], Oct. 27,
2000, 114 Stat. 1441, 1441A-30; Pub. L. 106-568, title X, Sec. 1002,
Dec. 27, 2000, 114 Stat. 2925; Pub. L. 106-569, title V, Sec. 502, Dec.
27, 2000, 114 Stat. 2961; Pub. L. 107-292, Sec. 2(d), Nov. 13, 2002, 116
Stat. 2053.)
References in Text
The National Housing Act, referred to in subsec. (b)(4)(A), is act
June 27, 1934, ch. 847, 48 Stat. 1246, as amended. Title II of the Act
is classified generally to subchapter II (Sec. 1707 et seq.) of this
chapter. For complete classification of this Act to the Code, see
section 1701 of this title and Tables.
The Housing Act of 1949, referred to in subsec. (b)(4)(C), is act
July 15, 1949, ch. 338, 63 Stat. 413, as amended, which is classified
principally to chapter 8A (Sec. 1441 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 1441 of Title 42 and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (k), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 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 4321 of
Title 42 and Tables.
The Native American Housing Assistance and Self-Determination Act of
1996, referred to in subsecs. (k)(1) and (l)(5), is Pub. L. 104-330,
Oct. 26, 1996, 110 Stat. 4016, as amended, which is classified
principally to chapter 43 (Sec. 4101 et seq.) of Title 25, Indians. For
complete classification of this Act to the Code, see Short Title note
set out under section 4101 of Title 25 and Tables.
The Alaska Native Claims Settlement Act, referred to in subsec.
(l)(8), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of Title 43 and Tables.
The Indian Self-Determination and Education Assistance Act of 1975,
referred to in subsec. (l)(8), probably means the Indian Self-
Determination and Education Assistance Act, Pub. L. 93-638, Jan. 4,
1975, 88 Stat. 2203, as amended, which is classified principally to
subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25, Indians. For
complete classification of this Act to the Code, see Short Title note
set out under section 450 of Title 25 and Tables.
Codification
Section was enacted as part of the Housing and Community Development
Act of 1992, and not as part of the National Housing Act which comprises
this chapter.
Amendments
2002--Subsec. (i)(5)(C), (7). Pub. L. 107-292 substituted ``each of
fiscal years 1997 through 2007'' for ``each fiscal year''.
2000--Subsec. (a). Pub. L. 106-377, Sec. 1(a)(1) [title II,
Sec. 227(1)], struck out ``or as a result of a lack of access to private
financial markets'' after ``legal status of Indian lands''.
Subsec. (b)(2). Pub. L. 106-377, Sec. 1(a)(1) [title II,
Sec. 227(2)], inserted ``refinance,'' after ``acquire,''.
Subsec. (i)(5)(C). Pub. L. 106-568, Sec. 1002(1), and Pub. L. 106-
569, Sec. 502(1), amended par. (5) identically, adding subpar. (C) and
striking out heading and text of former subpar. (C). Text read as
follows: ``Subject to the limitations in subparagraphs (A) and (B), the
Secretary may enter into commitments to guarantee loans under this
section in each of fiscal years 1997, 1998, 1999, 2000, and 2001 with an
aggregate outstanding principal amount not exceeding $400,000,000 for
each such fiscal year.''
Subsec. (i)(7). Pub. L. 106-568, Sec. 1002(2), and Pub. L. 106-569,
Sec. 502(2), amended par. (7) identically, substituting ``each fiscal
year'' for ``each of fiscal years 1997, 1998, 1999, 2000, and 2001''.
1998--Subsec. (b)(2). Pub. L. 105-276, Sec. 595(e)(11), struck out
before period at end ``that is under the jurisdiction of an Indian tribe
for which an Indian housing plan has been submitted and approved
pursuant to sections 102 and 103 of the Native American Housing
Assistance and Self-Determination Act of 1996 that provides for the use
of loan guarantees under this section to provide affordable
homeownership housing in such areas.''
Subsec. (i)(5)(C). Pub. L. 105-276, Sec. 595(e)(12), substituted
``not'' for ``note''.
Subsecs. (k), (l). Pub. L. 105-276, Sec. 595(e)(13), added subsec.
(k) and redesignated former subsec. (k) as (l).
1996--Subsec. (a). Pub. L. 104-330, Sec. 701(a)(1), (b), substituted
``, Indian housing authorities, and Indian tribes,'' for ``and Indian
housing authorities'', ``lands or as a result of a lack of access to
private financial markets'' for ``trust land'', and ``, Indian housing
authority, or Indian tribe'' for ``or Indian housing authority''.
Subsec. (b)(1). Pub. L. 104-330, Sec. 701(a)(2), substituted ``,
Indian housing authorities, or Indian tribes'' for ``or Indian housing
authorities''.
Subsec. (b)(2). Pub. L. 104-330, Sec. 701(c), inserted before period
at end ``that is under the jurisdiction of an Indian tribe for which an
Indian housing plan has been submitted and approved pursuant to sections
102 and 103 of the Native American Housing Assistance and Self-
Determination Act of 1996 that provides for the use of loan guarantees
under this section to provide affordable homeownership housing in such
areas''.
Subsec. (b)(5)(C)(i). Pub. L. 104-330, Sec. 701(i), added cl. (i)
and struck out former cl. (i) which read as follows: ``an amount equal
to the sum of (I) 97 percent of $25,000 of the appraised value of the
property, as of the date the loan is accepted for guarantee, and (II) 95
percent of such value in excess of $25,000; and''.
Subsec. (h)(1)(A)(i). Pub. L. 104-330, Sec. 701(d)(1)(A), struck out
``in a court of competent jurisdiction'' after ``foreclosure
proceedings'' in first sentence.
Subsec. (h)(1)(A)(ii). Pub. L. 104-330, Sec. 701(d)(1)(B), added cl.
(ii) and struck out heading and text of former cl. (ii). Text read as
follows: ``Without seeking a judicial foreclosure (or in any case in
which a foreclosure proceeding initiated under clause (i) continues for
a period in excess of 1 year), the holder of the guarantee may submit to
the Secretary a claim for payment under the guarantee and the Secretary
shall only pay to such holder for a loss on any single loan an amount
equal to 90 percent of the pro rata portion of the amount guaranteed (as
determined under subsection (e) of this section). The Secretary shall be
subrogated to the rights of the holder of the guarantee and the holder
shall assign the obligation and security to the Secretary.''
Subsec. (h)(2), (3). Pub. L. 104-330, Sec. 701(d)(2), (3), (e),
redesignated par. (3) as (2), in first sentence substituted ``restricted
Indian land, the mortgagee or'' for ``tribal allotted or trust land,'',
in second sentence substituted ``mortgagee or the Secretary'' for
``Secretary'' in two places, and struck out heading and text of former
par. (2). Text read as follows: ``Notwithstanding paragraph (1), upon
receiving notice of default on a loan guaranteed under this section from
the holder of the guarantee, the Secretary may accept assignment of the
loan if the Secretary determines that the assignment is in the best
interests of the United States. Upon assignment the Secretary shall pay
to the holder of the guarantee the pro rata portion of the amount
guaranteed (as determined under subsection (e) of this section). The
Secretary shall be subrogated to the rights of the holder of the
guarantee and the holder shall assign the obligation and security to the
Secretary.''
Subsec. (i)(5)(A). Pub. L. 104-330, Sec. 701(j)(1), added subpar.
(A) and struck out heading and text of former subpar. (A). Text read as
follows: ``The authority of the Secretary to enter into commitments to
guarantee loans under this section shall be effective for any fiscal
year only to the extent or in such amounts as are or have been provided
in appropriations Acts for such fiscal year.''
Subsec. (i)(5)(B). Pub. L. 104-330, Sec. 701(j)(2), inserted at end
``Any amounts appropriated pursuant to this subparagraph shall remain
available until expended.''
Subsec. (i)(5)(C). Pub. L. 104-330, Sec. 701(f), substituted ``1997,
1998, 1999, 2000, and 2001 with an aggregate outstanding principal
amount note exceeding $400,000,000 for each such fiscal year'' for
``1993 and 1994 with an aggregate outstanding principal amount not
exceeding such amount as may be provided in appropriation Acts for each
such year''.
Subsec. (i)(7). Pub. L. 104-330, Sec. 701(g), substituted ``such
sums as may be necessary for each of fiscal years 1997, 1998, 1999,
2000, and 2001'' for ``such sums as may be necessary for fiscal year
1993 and $50,000,000 for fiscal year 1994''.
Subsec. (k)(4). Pub. L. 104-330, Sec. 701(h)(1), inserted ``or
Indian tribe'' after ``authority''.
Subsec. (k)(5). Pub. L. 104-330, Sec. 701(h)(2), inserted concluding
provisions, added subpar. (A), and struck out former subpar. (A) which
read as follows: ``is authorized to engage in or assist in the
development or operation of low-income housing for Indians; and''.
Subsec. (k)(8). Pub. L. 104-330, Sec. 701(h)(3), added par. (8) and
struck out former par. (8) which read as follows: ``The term `tribe'
means any tribe, band, pueblo, group, community, or nation of Indians or
Alaska Natives.''
Effective Date of 1998 Amendment
Pub. L. 105-276, title V, Sec. 595(f), Oct. 21, 1998, 112 Stat.
2659, provided that: ``The amendments made by this section [enacting
section 4168 of Title 25, Indians, amending this section, sections 4103,
4111 to 4113, 4131, 4135 to 4139 of Title 25, and sections 1437e and
12899h-1 of Title 42, The Public Health and Welfare, and repealing
provisions set out as a note under section 1437 of Title 42] are made
and shall apply beginning upon the date of the enactment of this Act
[Oct. 21, 1998].''
Section Referred to in Other Sections
This section is referred to in section 1721 of this title; title 25
section 4112.
