§4192 — Title 25 Indians | U.S. Code

Summary

Before the Secretary will guarantee notes or other debts, the tribe or housing group must sign a repayment contract the Secretary accepts, pledge any grants they could get under this chapter, show the borrowing fits their finances and won’t stop them from using grants under subchapter I (taking into account section 4133(b)), and give any other security the Secretary thinks is needed, such as extra local tax receipts from supported activities or sale proceeds from land or rehabilitated property. The Secretary can use pledged grants to cover any repayments owed to the United States because of those guarantees. Grants for a tribe or housing entity (including program income) can pay principal, interest, and allowed costs like servicing and underwriting on guaranteed obligations under rules the Secretary sets. The United States promises to pay on these guarantees, and a Secretary’s guarantee is proof the obligation is eligible and its validity can’t be challenged by a holder of the guaranteed obligation.

Title 25, §4192

Indians — Source: USLM XML via OLRC

(a)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References 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.

Statutory Notes and Related Subsidiaries

Effective Date

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

§4192 Security and repayment