25 U.S.C. § 4133
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.
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.
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.
Each recipient shall maintain adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this chapter.
Each recipient shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this chapter.
Each recipient shall develop policies governing the management and maintenance of housing assisted with grant amounts under this chapter.
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.
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.
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.
25 U.S.C. § 4133
EDITORIAL NOTES
REFERENCES IN TEXTThis 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), Aug. 22, 1974, 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.
AMENDMENTS2008-Subsecs. (f), (g). Pub. L. 110-411 added subsecs. (f) and (g).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104-330set out as a note under section 4101 of this title.
- Indian housing plan
- The term "Indian housing plan" means a plan under section 4112 of this title.
- Indian
- The term "Indian" means any person who is a member of an Indian tribe.
- adjusted income
- The term "adjusted income" means the annual income that remains after excluding the following amounts:(A) Youths, students, and persons with disabilities$480 for each member of the family residing in the household (other than the head of the household or the spouse of the head of the household)-(i) who is under 18 years of age; or(ii) who is-(I) 18 years of age or older; and(II) a person with disabilities or a full-time student.(B) Elderly and disabled families$400 for an elderly or disabled family.(C) Medical and attendant expensesThe amount by which 3 percent of the annual income of the family is exceeded by the aggregate of-(i) medical expenses, in the case of an elderly or disabled family; and(ii) reasonable attendant care and auxiliary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (including a member who is a person with disabilities) to be employed.(D) Child care expensesChild care expenses, to the extent necessary to enable another member of the family to be employed or to further his or her education.(E) Earned income of minorsThe amount of any earned income of any member of the family who is less than 18 years of age.(F) Travel expensesExcessive travel expenses, not to exceed $25 per family per week, for employment- or education-related travel.(G) Other amountsSuch other amounts as may be provided in the Indian housing plan for an Indian tribe.
- affordable housing
- The term "affordable housing" means housing that complies with the requirements for affordable housing under subchapter II. The term includes permanent housing for homeless persons who are persons with disabilities, transitional housing, and single room occupancy housing.
- family
- The term "family" includes a family with or without children, an elderly family, a near-elderly family, a disabled family, and a single person.
- recipient
- The term "recipient" means an Indian tribe or the entity for one or more Indian tribes that is authorized to receive grant amounts under this chapter on behalf of the tribe or tribes.