U.S. Code » Title 25 » Chapter CHAPTER 43— NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION › Subchapter SUBCHAPTER I— BLOCK GRANTS AND GRANT REQUIREMENTS

25 U.S.C. § 4116

Regulations

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(a) Transition requirements(1) In general

Not later than 90 days after October 26, 1996, the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this chapter and the amendments made by this chapter) from the provision of assistance for Indian tribes and Indian housing authorities under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] and other related provisions of law to the provision of assistance in accordance with this chapter and the amendments made by this chapter.

(2) Public comments; general notice of proposed rulemakingThe notice issued under paragraph (1) shall—(A) invite public comments regarding such transition requirements and final regulations to carry out this chapter; and(B) include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5) of the final regulations under subsection (b).(b) Final regulations(1) Timing

The Secretary shall issue final regulations necessary to carry out this chapter not later than September 1, 1997, and such regulations shall take effect not later than the effective date of this chapter.

(2) Negotiated rulemaking procedure(A) In general

Notwithstanding sections 563(a) and 565(a) of title 5, all regulations required under this chapter, including any regulations that may be required pursuant to amendments made to this chapter after October 26, 1996, shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5.

(B) Committee(i) In general

Not later than 180 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter, the Secretary shall establish a negotiated rulemaking committee, in accordance with the procedures under that subchapter, for the development of proposed regulations under subparagraph (A).

(ii) AdaptationIn establishing the negotiated rulemaking committee, the Secretary shall—(I) adapt the procedures under the subchapter described in clause (i) to the unique government-to-government relationship between the Indian tribes and the United States, and shall ensure that the membership of the committee include only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes; and(II) shall not preclude the participation of tribally designated housing entities should tribes elect to be represented by such entities.(C) Subsequent negotiated rulemakingThe Secretary shall—(i) initiate a negotiated rulemaking in accordance with this section by not later than 90 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter; and(ii) promulgate regulations pursuant to this section by not later than 2 years after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter.(D) Review

Not less frequently than once every 7 years, the Secretary, in consultation with Indian tribes, shall review the regulations promulgated pursuant to this section in effect on the date on which the review is conducted.

(c) Effective date

This section shall take effect on October 26, 1996.

(Pub. L. 104–330, title I, § 106, Oct. 26, 1996, 110 Stat. 4029; Pub. L. 107–292, § 6, Nov. 13, 2002, 116 Stat. 2054; Pub. L. 110–411, title I, § 105, Oct. 14, 2008, 122 Stat. 4324.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 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.

For the effective date of this chapter, referred to in subsecs. (a)(1) and (b)(1), as Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of this title.

The United States Housing Act of 1937, referred to in subsec. (a)(1), 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.

The date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008, referred to in subsec. (b)(2)(B)(i), (C), is the date of enactment of Pub. L. 110–411, which was approved Oct. 14, 2008.

Amendments

2008—Subsec. (b)(2)(B)(i). Pub. L. 110–411, § 105(1), substituted “Not later than 180 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this chapter, the Secretary” for “The Secretary”.

Subsec. (b)(2)(C), (D). Pub. L. 110–411, § 105(2), added subpars. (C) and (D).

2002—Subsec. (b)(2)(A). Pub. L. 107–292 inserted “, including any regulations that may be required pursuant to amendments made to this chapter after October 26, 1996,” after “required under this chapter”.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 2003–2021 · leading case: Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In Re Greektown Holdings, LLC), 917 F.3d 451 (6th Cir. 2019).
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Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In Re Greektown Holdings, LLC), 917 F.3d 451 (6th Cir. 2019). · cites it 2× “18-1165/1166 In re Greektown Holdings Page 24 governments’ use of” certain technologies); see also 25 U.S.C. § 4116 (b)(2)(B)(ii)(I) (referring to a “government-to-government relationship between the Indian tribes and the United States”).”
United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Dep't of Hous. & Urban Dev., 567 F.3d 1235 (10th Cir. 2009). · cites it 2× “25 U.S.C. §§ 4116 (b), 4151, 4152(a). While Congress delegated to HUD the authority to create the allocation formula, Congress also circumscribed HUD's discretion by specifically stating that the formula must be "based on factors that reflect the need of the Indian tribes and…”
Fort Peck Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 367 F. App'x 884 (10th Cir. 2010). · cites it 2× “25 U.S.C. § 4116 . The negotiated rulemaking committee included fifty-eight members.”
Oti Kaga, Inc. v. South Dakota Hous. Dev. Auth., 342 F.3d 871 (8th Cir. 2003). · cites it 2× “25 U.S.C. § 4116 (b)(1). Notwithstanding consolidation of Indian-funding programs under NAHASDA, HUD regulations implementing the HOME Program continue to allow states the discretion to fund projects on Indian reservations provided the state includes the reservations in its…”
Muscogee (Creek) Nation Div. of Hous. v. United States Dep't of Hous. & Urban Dev., 698 F.3d 1276 (10th Cir. 2012). “25 U.S.C. § 4116 (b)(2). Accordingly, a committee including HUD officials and tribal representatives prepared a comprehensive set of regulations, finalized in 1998.”
Aubrey v. United States (D. Nev. 2021). “Movant relies on 25 U.S.C. § 4116 for this proposition. However, § 4116, 7 “Regulations”, merely requires the promulgation of federal regulations that transfers “assistance 8 for Indian tribes and Indian housing authorities under the United States Housing Act of 1937” to 9…”
Walker River Paiute Tribe v. United States Dep't of Hous. & Urban Dev., 68 F. Supp. 3d 1202 (D. Nev. 2014). “25 U.S.C. § 4116 . The negotiated rule-making committee for creation of the allocation formula included fifty-eight members; forty-eight of these members represented “geographically diverse small, medium and large Indian tribes.”
Hous. Auth. of the Te-Moak Tribe of W. Shoshone Indians v. United States Dep't of Hous. & Urban Dev., 85 F. Supp. 3d 1213 (D. Nev. 2015). “25 U.S.C. § 4116 . The negotiated rule-making committee for creation of the allocation formula included fifty-eight members; forty-eight of these members represented “geographically diverse small, medium and large Indian tribes.”
Petrella ex rel. N.P. v. United States Dep't of Hous. & Urban Dev., 697 F.3d 1285 (10th Cir. 2012). “25 U.S.C. § 4116 (b)(2). Accordingly, a committee including HUD officials and tribal representatives prepared a comprehensive set of regulations, finalized in 1998.”
Muscogee (Creek) Nation Div. of Hous. v. United States Dep't of Hous. & Urban Dev., 819 F. Supp. 2d 1225 (E.D. Okla. 2011). “25 U.S.C. § 4116 . Moreover, as previously discussed, supra, HUD has been granted explicit discretion to determine the parameters of permissible investment activity.”
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