[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4152]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER III--ALLOCATION OF GRANT AMOUNTS
Sec. 4152. Allocation formula
(a) Establishment
The Secretary shall, by regulations issued not later than the
expiration of the 12-month period beginning on October 26, 1996, in the
manner provided under section 4116 of this title, establish a formula to
provide for allocating amounts available for a fiscal year for block
grants under this chapter among Indian tribes in accordance with the
requirements of this section.
(b) Factors for determination of need
The formula shall be based on factors that reflect the need of the
Indian tribes and the Indian areas of the tribes for assistance for
affordable housing activities, including the following factors:
(1) The number of low-income housing dwelling units owned or
operated at the time pursuant to a contract between an Indian
housing authority for the tribe and the Secretary.
(2) The extent of poverty and economic distress and the number
of Indian families within Indian areas of the tribe.
(3) Other objectively measurable conditions as the Secretary and
the Indian tribes may specify.
(c) Other factors for consideration
In establishing the formula, the Secretary shall consider--
(1) the relative administrative capacities and other challenges
faced by the recipient, including, but not limited to geographic
distribution within the Indian area and technical capacity; and
(2) the extent to which terminations of assistance under
subchapter V of this chapter will affect funding available to State
recognized tribes.
(d) Funding for public housing operation and modernization
(1) Full funding
(A) In general
Except with respect to an Indian tribe described in
subparagraph (B), the formula shall provide that, if, in any
fiscal year, the total amount made available for assistance
under this chapter is equal to or greater than the total amount
made available for fiscal year 1996 for assistance for the
operation and modernization of public 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.], the amount provided for
such fiscal year for each Indian tribe for which such operating
or modernization assistance was provided for fiscal year 1996
shall not be less than the total amount of such operating and
modernization assistance provided for fiscal year 1996 for such
tribe.
(B) Certain Indian tribes
With respect to fiscal year 2001 and each fiscal year
thereafter, for any Indian tribe with an Indian housing
authority that owns or operates fewer than 250 public housing
units, the formula shall provide that if the amount provided for
a fiscal year in which the total amount made available for
assistance under this chapter is equal to or greater than the
amount made available for fiscal year 1996 for assistance for
the operation and modernization of the public housing referred
to in subparagraph (A), then the amount provided to that Indian
tribe as modernization assistance shall be equal to the average
annual amount of funds provided to the Indian tribe (other than
funds provided as emergency assistance) under the assistance
program under section 14 of the United States Housing Act of
1937 (42 U.S.C. 1437l) for the period beginning with fiscal year
1992 and ending with fiscal year 1997.
(2) Partial funding
The formula shall provide that, if, in any fiscal year, the
total amount made available for assistance under this chapter is
less than the total amount made available for fiscal year 1996 for
assistance for the operation and modernization of public 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.], the amount provided
for such fiscal year for each Indian tribe for which such operating
or modernization assistance was provided for fiscal year 1996 shall
not be less than the amount that bears the same ratio to the total
amount available for assistance under this chapter for such fiscal
year that the amount of operating and modernization assistance
provided for the tribe for fiscal year 1996 bears to the total
amount made available for fiscal year 1996 for assistance for the
operation and modernization of such public housing.
(e) Effective date
This section shall take effect on October 26, 1996.
(Pub. L. 104-330, title III, Sec. 302, Oct. 26, 1996, 110 Stat. 4036;
Pub. L. 106-568, title X, Sec. 1003(g), Dec. 27, 2000, 114 Stat. 2928;
Pub. L. 106-569, title V, Sec. 503(f), Dec. 27, 2000, 114 Stat. 2964.)
References in Text
Subchapter V of this chapter, referred to in subsec. (c)(2), was in
the original ``title V'', meaning title V of Pub. L. 104-330, which
enacted subchapter V of this chapter and section 12899h-1 of Title 42,
The Public Health and Welfare, amended sections 1437a, 1437c to 1437e,
1437g, 1437l, 1437n, 1437u to 1437x, 1437aaa-5, 1437aaa-6, 1439, 11371
to 11376, 11382, 11401, 11403g, 11408, 11903a, 12747, and 12838 of Title
42, repealed sections 1437aa to 1437ee of Title 42, enacted provisions
set out as notes under sections 11371, 12747, and 12899h-1 of Title 42,
amended provisions set out as
