§ 4111. — Block grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4111]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 4111. Block grants
(a) Authority
For each fiscal year, the Secretary shall (to the extent amounts are
made available to carry out this chapter) 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 chapter 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 4112 of
this title; and
(B) the plan has been determined under section 4113 of this
title to comply with the requirements of section 4112 of this
title.
(2) Waiver
The Secretary may waive the applicability of the requirements
under paragraph (1), in whole or in part, 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.
(c) Local cooperation agreement
Notwithstanding any other provision of this chapter, grant amounts
provided under this chapter 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 chapter. The
Secretary may waive the requirements of this subsection and subsection
(d) of this section if the recipient has made a good faith effort to
fulfill the requirements of this subsection and subsection (d) of this
section 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) of this section until such time as the matter of
making such payments has been resolved in accordance with subsection (d)
of this section.
(d) Exemption from taxation
Notwithstanding any other provision of this chapter, grant amounts
provided under this chapter on behalf of an Indian tribe may not be used
for affordable housing activities under this chapter 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
chapter 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 [42 U.S.C.
1437 et seq.] or with amounts provided under this chapter) are
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 for the tribe 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) of this section; 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) of this section, a grant recipient
that does not comply with the requirements under such subsection may
receive a block grant under this chapter, 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) of this
section.
(f) Amount
Except as otherwise provided under this chapter, 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 4151
of this title 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 4151 of this title for each such Indian tribe.
(g) Use for affordable housing activities under plan
Except as provided in subsection (h) of this section, amounts
provided under a grant under this section may be used only for
affordable housing activities under subchapter II of this chapter that
are consistent with an Indian housing plan approved under section 4113
of this title.
(h) Administrative and planning expenses
The Secretary shall, by regulation, authorize each recipient to use
a percentage of any grant amounts received under this chapter for
comprehensive housing and community development planning activities and
for any reasonable administrative and planning expenses of the recipient
relating to carrying out this chapter 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 chapter and expenses of preparing an
Indian housing plan under section 4112 of this title.
(i) Public-private partnerships
Each recipient shall make all reasonable efforts, consistent with
the purposes of this chapter, to maximize participation by the private
sector, including nonprofit organizations and for-profit entities, in
implementing the approved Indian housing plan.
(Pub. L. 104-330, title I, Sec. 101, Oct. 26, 1996, 110 Stat. 4022; Pub.
L. 105-276, title V, Sec. 595(e)(3), (4), Oct. 21, 1998, 112 Stat. 2656,
2657; Pub. L. 106-568, title X, Sec. 1003(a), Dec. 27, 2000, 114 Stat.
2925; Pub. L. 106-569, title V, Sec. 503(a), Dec. 27, 2000, 114 Stat.
2961; Pub. L. 107-292, Sec. 4, Nov. 13, 2002, 116 Stat. 2054.)
References in Text
This chapter, referred to in text, was in the original ``this Act'',
meaning Pub. L. 104-330, Oct. 26, 1996, 110 Stat. 4016, as amended,
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. (d),
is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93-383,
title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified
generally to chapter 8 (Sec. 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
2002--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.
2000--Subsec. (b)(2). Pub. L. 106-568, Sec. 1003(a)(1), and Pub. L.
106-569, Sec. 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.''
Subsec. (c). Pub. L. 106-568, Sec. 1003(a)(2), and Pub. L. 106-569,
Sec. 503(a)(2), amended subsec. (c) identically, inserting at end ``The
Secretary may waive the requirements of this subsection and subsection
(d) of this section if the recipient has made a good faith effort to
fulfill the requirements of this subsection and subsection (d) of this
section 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) of this section until such time as the matter of
making such payments has been resolved in accordance with subsection (d)
of this section.''
1998--Subsec. (c). Pub. L. 105-276, Sec. 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.''
Subsec. (d). Pub. L. 105-276, Sec. 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''.
Subsec. (d)(2). Pub. L. 105-276, Sec. 595(e)(4)(B), inserted ``for
the tribe'' after ``the recipient'' in introductory provisions.
Effective Date
Section effective Oct. 1, 1997, except as otherwise expressly
provided, see section 107 of Pub. L. 104-330, set out as a note under
section 4101 of this title.
