The Congress finds that—
the Federal Government has a responsibility to promote the general welfare of the Nation—
by using Federal resources to aid families and individuals seeking affordable homes in safe and healthy environments and, in particular, assisting responsible, deserving citizens who cannot provide fully for themselves because of temporary circumstances or factors beyond their control;
by working to ensure a thriving national economy and a strong private housing market; and
by developing effective partnerships among the Federal Government, State, tribal, and local governments, and private entities that allow government to accept responsibility for fostering the development of a healthy marketplace and allow families to prosper without government involvement in their day-to-day activities;
there exists a unique relationship between the Government of the United States and the governments of Indian tribes and a unique Federal responsibility to Indian people;
the Constitution of the United States invests the Congress with plenary power over the field of Indian affairs, and through treaties, statutes, and historical relations with Indian tribes, the United States has undertaken a unique trust responsibility to protect and support Indian tribes and Indian people;
the Congress, through treaties, statutes, and the general course of dealing with Indian tribes, has assumed a trust responsibility for the protection and preservation of Indian tribes and for working with tribes and their members to improve their housing conditions and socioeconomic status so that they are able to take greater responsibility for their own economic condition;
providing affordable homes in safe and healthy environments is an essential element in the special role of the United States in helping tribes and their members to improve their housing conditions and socioeconomic status;
the need for affordable homes in safe and healthy environments on Indian reservations, in Indian communities, and in Native Alaskan villages is acute and the Federal Government shall work not only to provide housing assistance, but also, to the extent practicable, to assist in the development of private housing finance mechanisms on Indian lands to achieve the goals of economic self-sufficiency and self-determination for tribes and their members; and
Public Law 93–63825 U.S.C. 45011 See References in Text note below. Federal assistance to meet these responsibilities shall be provided in a manner that recognizes the right of Indian self-determination and tribal self-governance by making such assistance available directly to the Indian tribes or tribally designated entities under authorities similar to those accorded Indian tribes in ( et seq.).
Pub. L. 104–330, § 2110 Stat. 4017Pub. L. 110–411, § 2122 Stat. 4320(, , ; , , .)
Editorial Notes
References in Text
Public Law 93–63825 U.S.C. 450Pub. L. 93–63888 Stat. 2203section 5301 of this title ( et seq.), referred to in par. (7), is , , , known as the Indian Self-Determination and Education Assistance Act, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 110–4112008—Pars. (6), (7). substituted “shall” for “should”.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 104–330, title I, § 107110 Stat. 4030
“Except as otherwise expressly provided in this Act [see Short Title note below], this Act and the amendments made by this Act shall take effect on .”
, , , provided that:
Short Title of 2010 Amendment
Pub. L. 111–269, § 1124 Stat. 2850
section 4103 of this title“This Act [amending ] may be cited as the ‘Indian Veterans Housing Opportunity Act of 2010’.”
, , , provided that:
Short Title of 2008 Amendment
Pub. L. 110–411, § 1(a)122 Stat. 4319
“This Act [enacting part B of subchapter II and sections 4184 and 4196 of this title and amending this section and sections 4103, 4111 to 4114, 4116, 4117, 4131 to 4133, 4135, 4138, 4152, 4161, 4163, 4164, 4195, and 4212 of this title] may be cited as the ‘Native American Housing Assistance and Self-Determination Reauthorization Act of 2008’.”
, , , provided that:
Short Title of 2005 Amendment
Pub. L. 109–136, § 1119 Stat. 2643
section 1490t of Title 42section 4114 of this title“This Act [enacting , The Public Health and Welfare, amending and sections 12899f and 12899h–1 of Title 42, and enacting provisions set out as a note under this section] may be cited as the ‘Native American Housing Enhancement Act of 2005’.”
, , , provided that:
Short Title of 2004 Amendment
Pub. L. 108–393, § 1118 Stat. 2246
section 4191 of this title“This Act [amending ] may be cited as the ‘Homeownership Opportunities for Native Americans Act of 2004’.”
, , , provided that:
Short Title of 2002 Amendment
Pub. L. 107–292, § 1116 Stat. 2053
section 1715z–13a of Title 12“This Act [amending sections 4103, 4111, 4114, 4116, 4117, 4132, 4191, 4195, and 4212 of this title and , Banks and Banking] may be cited as the ‘Native American Housing Assistance and Self-Determination Reauthorization Act of 2002’.”
, , , provided that:
Short Title of 2000 Amendments
Pub. L. 106–569, title V, § 511114 Stat. 2966
Pub. L. 106–569section 1715z–13b of Title 12section 4221 of this title“This subtitle [subtitle B (§§ 511–514) of title V of , enacting subchapter VIII of this chapter, , Banks and Banking, and provisions set out as notes under ] may be cited as the ‘Hawaiian Homelands Homeownership Act of 2000’.”
, , , provided that:
Pub. L. 106–568, § 1114 Stat. 2868
“This Act [see Tables for classification] may be cited as the ‘Omnibus Indian Advancement Act’.”
, , , provided that:
Pub. L. 106–568, title II, § 201114 Stat. 2872
section 1715z–13b of Title 12section 4221 of this title“This title [enacting subchapter VIII of this chapter, , Banks and Banking, and provisions set out as notes under ] may be cited as the ‘Hawaiian Homelands Homeownership Act of 2000’.”
, , , provided that:
Short Title
Pub. L. 104–330, § 1(a)110 Stat. 4016
section 12899h–1 of Title 42lsection 11301 of Title 42section 1701z–6 of Title 12“This Act [enacting this chapter and , The Public Health and Welfare, amending sections 1715z–13a and 1721 of Title 12, Banks and Banking, and sections 1437a, 1437c to 1437e, 1437g, 1437, 1437n, 1437u to 1437x, 1437aaa–5, 1437aaa–6, 1439, 11371 to 11376, 11382, 11401, 11403g, 11408, 11902 to 11905, 12747, and 12838 of Title 42, repealing sections 1437aa to 1437ee of Title 42, enacting provisions set out as notes under this section and sections 4181 and 4211 of this title and sections 11371, 12747, and 12899h–1 of Title 42, amending provisions set out as a note under , and repealing provisions set out as a note under ] may be cited as the ‘Native American Housing Assistance and Self-Determination Act of 1996’.”
, , , provided that:
Findings of 2005 Amendment
Pub. L. 109–136, § 2119 Stat. 2643
“Congress finds that—“(1)“(A) “(B)
“(2)“(A) “(B) “(C) “(D)
“(3) “(4) “(5)(A) “(B) “(C) “(D) “(E)
“(6)
, , , provided that:
there exist—
a unique relationship between the Government of the United States and the governments of Indian tribes; and
a unique Federal trust responsibility to Indian people;
Native Americans experience some of the worst housing conditions in the country, with—
32.6 percent of Native homes being overcrowded;
33 percent lacking adequate solid waste management systems;
8 percent lacking a safe indoor water supply; and
approximately 90,000 Native families who are homeless or underhoused;
the poverty rate for Native Americans is twice that of the rest of the population of the United States;
the population growth of Native Americans that began in the latter part of the 20th century increased the need for Federal housing services;
25 U.S.C. 4101 under the requirements of the Native American Housing Assistance and Self-Determination Act of 1996 ( et seq.), members of Indian tribes are given preference for housing programs;
a primary purpose of the Act is to allow Indian tribes to leverage funds with other Federal and private funds;
the Department of Agriculture has been a significant funding source for housing for Indian tribes;
42 U.S.C. 147142 U.S.C. 2000d42 U.S.C. 3601 to allow assistance provided under the Act and assistance provided by the Secretary of Agriculture under other law to be combined to meet the severe housing needs of Indian tribes, the Housing Act of 1949 ( [1441] et seq.) should be amended to allow for the preference referred to in subparagraph (A) by granting an exemption from title VI of the Civil Rights Act of 1964 ( et seq.) and title VIII of the Civil Rights Act of 1968 ( et seq.); and
25 U.S.C. 1301 federally recognized Indian tribes exercising powers of self-government are governed by the Indian Civil Rights Act ( et seq.); and
42 U.S.C. 12899f section 457 of the Cranston-Gonzales [Cranston-Gonzalez] National Affordable Housing Act () should be amended to include Indian tribes, tribally designated housing entities, or other agencies that primarily serve Indians as eligible applicants for YouthBuild grants.”