25 U.S.C. § 4181

Termination of Indian housing assistance under United States Housing Act of 1937

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(a) Termination of assistance

After September 30, 1997, financial assistance may not be provided under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] or pursuant to any commitment entered into under such Act, for Indian housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority, unless such assistance is provided from amounts made available for fiscal year 1997 and pursuant to a commitment entered into before September 30, 1997. Any housing that is the subject of a contract for tenant-based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year thereafter, be considered to be a dwelling unit under section 4152(b)(1) of this title.

(b) Termination of restrictions on use of Indian housing

After September 30, 1997, any 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 not be subject to any provision of such Act or any annual contributions contract or other agreement pursuant to such Act, but shall be considered and maintained as affordable housing for purposes of this chapter.

(Pub. L. 104–330, title V, § 502, Oct. 26, 1996, 110 Stat. 4043; Pub. L. 106–568, title X, § 1003(k)(3), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(j)(3), Dec. 27, 2000, 114 Stat. 2966.)Editorial NotesReferences in Text

The United States Housing Act of 1937, referred to in text, 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.

This chapter, referred to in subsec. (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.

Amendments

2000—Subsec. (a). Pub. L. 106–568 and Pub. L. 106–569 amended subsec. (a) identically, inserting at end “Any housing that is the subject of a contract for tenant-based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year thereafter, be considered to be a dwelling unit under section 4152(b)(1) of this title.”

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 104–330, title V, § 508, Oct. 26, 1996, 110 Stat. 4045, provided that: “Sections 502, 503, and 507 [25 U.S.C. 4181, 4182, 4183] shall take effect on the date of the enactment of this Act [Oct. 26, 1996].”

Notes of Decisions
Cited in 3 cases, 2006–2011 · leading case: Fort Peck Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 367 F. App'x 884 (10th Cir. 2010).
Fort Peck Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 367 F. App'x 884 (10th Cir. 2010). · cites it 3× “[t]he number of low-income housing dwelling units owned or operated at the time,” meaning *888 all dwelling units owned or operated in 1997 under 25 U.S.C. § 4181 (a). (Appellant’s Supp. Appx.”
Lummi Tribe of the Lummi Reservation v. United States, 99 Fed. Cl. 584 (Fed. Cl. 2011). “25 U.S.C. §§ 4181 , 4182. The program anticipated that Congress would make an annual appropriation of grant funds, which the Secretary of HUD, acting through HUD’s Office of Native American Programs, was in turn directed to divide among qualifying tribes and tribal housing…”
Fort Peck Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 435 F. Supp. 2d 1125 (D. Colo. 2006). “§ 4152 is consistent with the last sentence of section 25 U.S.C. § 4181 (a), which was added by amendment in 2000 and states: Any housing that is the subject of a contract for tenant-based assistance between the Secretary and an Indian housing authority that is terminated under…”
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