View all text of Subchapter III [§ 4151 - § 4152]
§ 4152. Allocation formula
(a) Establishment
(1) In general
(2) Study of need data
(A) In generalThe Secretary shall enter into a contract with an organization with expertise in housing and other demographic data collection methodologies under which the organization, in consultation with Indian tribes and Indian organizations, shall—
(i) assess existing data sources, including alternatives to the decennial census, for use in evaluating the factors for determination of need described in subsection (b); and
(ii) develop and recommend methodologies for collecting data on any of those factors, including formula area, in any case in which existing data is determined to be insufficient or inadequate, or fails to satisfy the requirements of this chapter.
(B) Authorization of appropriations
(b) Factors for determination of needThe 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)
(A) The number of low-income housing dwelling units developed under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), pursuant to a contract between an Indian housing authority for the tribe and the Secretary, that are owned or operated by a recipient on the October 1 of the calendar year immediately preceding the year for which funds are provided, subject to the condition that such a unit shall not be considered to be a low-income housing dwelling unit for purposes of this section if—
(i) the recipient ceases to possess the legal right to own, operate, or maintain the unit; or
(ii) the unit is lost to the recipient by conveyance, demolition, or other means.
(B) If the unit is a homeownership unit not conveyed within 25 years from the date of full availability, the recipient shall not be considered to have lost the legal right to own, operate, or maintain the unit if the unit has not been conveyed to the homebuyer for reasons beyond the control of the recipient.
(C) If the unit is demolished and the recipient rebuilds the unit within 1 year of demolition of the unit, the unit may continue to be considered a low-income housing dwelling unit for the purpose of this paragraph.
(D) In this paragraph, the term “reasons beyond the control of the recipient” means, after making reasonable efforts, there remain—
(i) delays in obtaining or the absence of title status reports;
(ii) incorrect or inadequate legal descriptions or other legal documentation necessary for conveyance;
(iii) clouds on title due to probate or intestacy or other court proceedings; or
(iv) any other legal impediment.
(E) Subparagraphs (A) through (D) shall not apply to any claim arising from a formula current assisted stock calculation or count involving an Indian housing block grant allocation for any fiscal year through fiscal year 2008, if a civil action relating to the claim is filed by not later than 45 days after October 14, 2008.
(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 considerationIn 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 will affect funding available to State recognized tribes.
(d) Funding for public housing operation and modernization
(1) Full funding
(A) In general
(B) Certain Indian tribes
(2) Partial funding
(e) Effective date
(Pub. L. 104–330, title III, § 302, Oct. 26, 1996, 110 Stat. 4036; Pub. L. 106–568, title X, § 1003(g), Dec. 27, 2000, 114 Stat. 2928; Pub. L. 106–569, title V, § 503(f), Dec. 27, 2000, 114 Stat. 2964; Pub. L. 110–411, title III, § 301, Oct. 14, 2008, 122 Stat. 4329.)