Title 25, IndiansRelease 119-110

§4103 Definitions

Title 25 › CHAPTER 43 — NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION › § 4103

Last updated Sep 23, 2026|Official source

Summary

Gives plain meanings for the important words used in the chapter. Adjusted income — the yearly household income after allowed deductions like $480 for certain youth, students, or disabled household members (not including the head or spouse), $400 for an elderly or disabled family, medical and attendant costs that exceed 3 percent of annual income, child care needed for work or school, earned money of children under 18, travel costs up to $25 per family per week for work or school, and any other amounts the tribe’s housing plan allows. Affordable housing — housing that meets the rules in subchapter II, including permanent homes for homeless people with disabilities, transitional housing, and single-room occupancy. Drug-related criminal activity — illegal manufacture, sale, distribution, use, or possession with intent involving a controlled substance (see 21 U.S.C. 802). Elderly family / near-elderly family — families whose head, spouse, or only member is elderly or near-elderly, including groups of such persons or those living with people the tribe’s housing plan says are essential to their care. Elderly person — age 62 or older. Family — any household, with or without children, including elderly, near-elderly, disabled families, or a single person. Grant beneficiary — the Indian tribe(s) the grant is for. Housing related community development — facilities or projects owned by a tribe or its housing entity that are needed for housing in an Indian area and that lower construction cost, make housing more affordable or accessible, or further the chapter’s goals; this does not include activities under the Indian Gaming Regulatory Act. Income — all household members’ income as the Secretary of HUD decides, except amounts not actually received, items excludable under 42 U.S.C. 1382b(a)(7), and certain VA disability or dependency payments under title 38. Indian — a member of an Indian tribe. Indian area — the area where a tribe or its housing entity provides help under the chapter. Indian housing plan — the plan required under section 4112. Indian tribe — a tribe recognized by the federal government or by a State; a State-recognized tribe must also have had an Indian Housing Authority contract and funding before the “effective date” in section 705 and within the five years before that date, with certain limits on rights described in the law. Low-income family — a family with income at or below 80 percent of the area median, though the Secretary may set different limits for specific reasons. Median income — for an Indian area, the higher of the area median set by the Secretary or the U.S. median. Near-elderly person — age 55 up to 61. Nonprofit — an organization whose net earnings do not go to private individuals. Person with disabilities — someone who meets the definition in 42 U.S.C. 423, or who the Secretary finds has a long-term impairment that limits independent living and could be helped by better housing, or who has a developmental disability under 42 U.S.C. 15002; this includes persons with AIDS and excludes people eligible only because of drug or alcohol dependence. Recipient — the tribe or authorized entity that gets grant money for the tribe. Secretary — the Secretary of Housing and Urban Development unless the chapter says otherwise. State — the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, other U.S. territories or possessions, and Indian tribes. Tribally designated housing entity — either an existing Indian housing authority that met the law’s conditions as of October 26, 1996, or another entity a tribe creates or authorizes under tribal or state law to manage housing on the tribe’s behalf; one entity can serve more than one tribe.

Full Legal Text

Title 25, §4103

Indians, Source: USLM XML via OLRC

For purposes of this chapter, the following definitions shall apply:
(1)Adjusted income
The term “adjusted income” means the annual income that remains after excluding the following amounts:
(A)Youths, students, and persons with disabilities
$480 for each member of the family residing in the household (other than the head of the household or the spouse of the head of the household)—
(i)who is under 18 years of age; or
(ii)who is—
(I)18 years of age or older; and
(II)a person with disabilities or a full-time student.
(B)Elderly and disabled families
$400 for an elderly or disabled family.
(C)Medical and attendant expenses
The amount by which 3 percent of the annual income of the family is exceeded by the aggregate of— (i)
(ii)reasonable attendant care and auxiliary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (including a member who is a person with disabilities) to be employed.
(D)Child care expenses
Child care expenses, to the extent necessary to enable another member of the family to be employed or to further his or her education.
(E)Earned income of minors
The amount of any earned income of any member of the family who is less than 18 years of age.
(F)Travel expenses
Excessive travel expenses, not to exceed $25 per family per week, for employment- or education-related travel.
(G)Other amounts
Such other amounts as may be provided in the Indian housing plan for an Indian tribe.
(2)Affordable housing
The term “affordable housing” means housing that complies with the requirements for affordable housing under subchapter II. The term includes permanent housing for homeless persons who are persons with disabilities, transitional housing, and single room occupancy housing.
(3)Drug-related criminal activity
The term “drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as such term is defined in section 802 of title 21).
(4)Elderly families and near-elderly families
The terms “elderly family” and “near-elderly family” mean a family whose head (or his or her spouse), or whose sole member, is an elderly person or a near-elderly person, respectively. Such terms include 2 or more elderly persons or near-elderly persons living together, and 1 or more such persons living with 1 or more persons determined under the Indian housing plan for the agency to be essential to their care or well-being.
(5)Elderly person
The term “elderly person” means a person who is at least 62 years of age.
(6)Family
The term “family” includes a family with or without children, an elderly family, a near-­elderly family, a disabled family, and a single person.
(7)Grant beneficiary
The term “grant beneficiary” means the Indian tribe or tribes on behalf of which a grant is made under this chapter to a recipient.
(8)Housing related community development
(A)In general
The term “housing related community development” means any facility, community building, business, activity, or infrastructure that—
(i)is owned by an Indian tribe or a tribally designated housing entity;
(ii)is necessary to the provision of housing in an Indian area; and
(iii)(I)would help an Indian tribe or tribally designated housing entity to reduce the cost of construction of Indian housing;
(II)would make housing more affordable, accessible, or practicable in an Indian area; or
(III)would otherwise advance the purposes of this chapter.
(B)Exclusion
The term “housing and community development” does not include any activity conducted by any Indian tribe under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(9)Income
The term “income” means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, except that the following amounts may not be considered as income under this paragraph: (A)
(B)Any amounts that would be eligible for exclusion under section 1382b(a)(7) of title 42.
(C)Any amounts received by any member of the family as disability compensation under chapter 11 of title 38 or dependency and indemnity compensation under chapter 13 of such title.
(10)Indian
The term “Indian” means any person who is a member of an Indian tribe.
(11)Indian area
The term “Indian area” means the area within which an Indian tribe or a tribally designated housing entity, as authorized by 1 or more Indian tribes, provides assistance under this chapter for affordable housing.
(12)Indian housing plan
The term “Indian housing plan” means a plan under section 4112 of this title.
(13)Indian tribe
(A)In general
The term “Indian tribe” means a tribe that is a federally recognized tribe or a State recognized tribe.
(B)Federally recognized tribe
The term “federally recognized tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).
(C)State recognized tribe
(i)In general
The term “State recognized tribe” means any tribe, band, nation, pueblo, village, or community—
(I)that has been recognized as an Indian tribe by any State; and
(II)for which an Indian Housing Authority has, before the effective date under section 705, entered into a contract with the Secretary pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] for housing for Indian families and has received funding pursuant to such contract within the 5-year period ending upon such effective date.
(ii)Conditions
Notwithstanding clause (i)—
(I)the allocation formula under section 4152 of this title shall be determined for a State recognized tribe under tribal membership eligibility criteria in existence on October 26, 1996; and
(II)nothing in this paragraph shall be construed to confer upon a State recognized tribe any rights, privileges, responsibilities, or obligations otherwise accorded groups recognized as Indian tribes by the United States for other purposes.
(14)Low-income family
The term “low-income family” means a family whose income does not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may, for purposes of this paragraph, establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the findings of the Secretary or the agency that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes.
(15)Median income
The term “median income” means, with respect to an area that is an Indian area, the greater of— (A)
(B)the median income for the United States.
(16)Near-elderly person
The term “near-elderly person” means a person who is at least 55 years of age and less than 62 years of age.
(17)Nonprofit
The term “nonprofit” means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the benefit of any member, founder, contributor, or individual.
(18)Person with disabilities
The term “person with disabilities” means a person who—
(A)has a disability as defined in section 423 of title 42;
(B)is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which—
(i)is expected to be of long-continued and indefinite duration;
(ii)substantially impedes his or her ability to live independently; and
(iii)is of such a nature that such ability could be improved by more suitable housing conditions; or
(C)has a developmental disability as defined in section 15002 of title 42.
Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for housing assisted under this chapter, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.
(19)Recipient
The term “recipient” means an Indian tribe or the entity for one or more Indian tribes that is authorized to receive grant amounts under this chapter on behalf of the tribe or tribes.
(20)Secretary
Except as otherwise specifically provided in this chapter, the term “Secretary” means the Secretary of Housing and Urban Development.
(21)State
The term “State” means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States and Indian tribes.
(22)Tribally designated housing entity
The terms “tribally designated housing entity” and “housing entity” have the following meaning:
(A)Existing IHA’s
With respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority—
(i)was established for purposes of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before October 26, 1996, that meets the requirements under the United States Housing Act of 1937,
(ii)is acting on October 26, 1996, as the Indian housing authority for the tribe, and
(iii)is not an Indian tribe for purposes of this chapter,
the terms mean such Indian housing authority.
(B)Other entities
With respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established—
(i)by exercise of the power of self-government of one or more Indian tribes independent of State law, or
(ii)by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,
the terms mean such entity.
(C)Establishment
A tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, 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. The Indian Gaming Regulatory Act, referred to in par. (8)(B), is Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, which is classified principally to chapter 29 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2701 of this title and Tables. The Alaska Native Claims Settlement Act, referred to in par. (13)(B), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 43 and Tables. The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in par. (13)(B), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, 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 section 5301 of this title and Tables. For the

Effective Date

under section 705, referred to in par. (13)(C)(i)(II), as Oct. 26, 1996, see section 705 of Pub. L. 104–330, set out as an

Effective Date

note under section 4211 of this title. The United States Housing Act of 1937, referred to in pars. (13)(C)(i)(II) and (22)(A)(i), 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.

Amendments

2010—Par. (9)(C). Pub. L. 111–269 added subpar. (C). 2008—Pars. (8) to (22). Pub. L. 110–411 added par. (8), redesignated former pars. (8) to (21) as (9) to (22), respectively, and struck out former par. (22) which defined “housing related community development”. 2002—Par. (22). Pub. L. 107–292 added par. (22). 2000—Par. (17)(C). Pub. L. 106–402 substituted “as defined in section 15002 of title 42” for “as defined in section 6001 of title 42”. 1998—Par. (10). Pub. L. 105–276, § 595(e)(1), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: “The term ‘Indian area’ means the area within which a tribally designated housing entity is authorized by one or more Indian tribes to provide assistance under this chapter for affordable housing.” Par. (12)(B). Pub. L. 105–256 substituted “Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)” for “Indian Self-Determination and Education Assistance Act of 1975”. Par. (12)(C)(i)(II). Pub. L. 105–276, § 595(e)(2), substituted “705” for “107”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.

Reference

Citations & Metadata

Citation

25 U.S.C. § 4103

Title 25, Indians

Last Updated

Sep 23, 2026

Release point: 119-110