Statutes, codes, and regulations
United States Code
Title 25 - INDIANSChapter 43 - NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
Subchapter VI - FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES
Section 4192 - Security and repayment

25 U.S.C. § 4192

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 4192 - Security and repayment
(a) Requirements on issuer

To assure the repayment of notes or other obligations and charges incurred under this subchapter and as a condition for receiving such guarantees, the Secretary shall require the Indian tribe or housing entity issuing such notes or obligations to-

(1) enter into a contract, in a form acceptable to the Secretary, for repayment of notes or other obligations guaranteed under this subchapter;
(2) pledge any grant for which the issuer may become eligible under this chapter;
(3) demonstrate that the extent of such issuance and guarantee under this subchapter is within the financial capacity of the tribe and is not likely to impair the ability to use grant amounts under subchapter I, taking into consideration the requirements under section 4133(b) of this title; and
(4) furnish, at the discretion of the Secretary, such other security as may be deemed appropriate by the Secretary in making such guarantees, including increments in local tax receipts generated by the activities assisted under this chapter or disposition proceeds from the sale of land or rehabilitated property.
(b) Repayment from grant amounts

Notwithstanding any other provision of this chapter-

(1) the Secretary may apply grants pledged pursuant to subsection (a)(2) to any repayments due the United States as a result of such guarantees; and
(2) grants allocated under this chapter for an Indian tribe or housing entity (including program income derived therefrom) may be used to pay principal and interest due (including such servicing, underwriting, and other costs as may be specified in regulations issued by the Secretary) on notes or other obligations guaranteed pursuant to this subchapter.
(c) Full faith and credit

The full faith and credit of the United States is pledged to the payment of all guarantees made under this subchapter. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations.

25 U.S.C. § 4192

Pub. L. 104-330, title VI, §602, Oct. 26, 1996, 110 Stat. 4046.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in subsecs. (a) and (b), 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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATESection effective Oct. 26, 1996, see section 606 of Pub. L. 104-330 set out as a note under section 4191 of this title.

Indian
The term "Indian" means any person who is a member of an Indian tribe.
housing entity
The terms "tribally designated housing entity" and "housing entity" have the following meaning:(A) Existing IHA'sWith respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority-(i) was established for purposes of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before October 26, 1996, that meets the requirements under the United States Housing Act of 1937,(ii) is acting on October 26, 1996, as the Indian housing authority for the tribe, and(iii) is not an Indian tribe for purposes of this chapter,the terms mean such Indian housing authority.(B) Other entitiesWith respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established-(i) by exercise of the power of self-government of one or more Indian tribes independent of State law, or(ii) by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,the terms mean such entity.(C) EstablishmentA tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.1 See References in Text note below.