25 U.S.C. § 4104: Waiver of matching funds…

Summary

The Secretary of Housing and Urban Development can allow an Indian housing authority to skip the usual matching-money requirement for a HUD housing program in a fiscal year if the authority did not get funds that year under title I of the Housing and Community Development Act of 1974. The Secretary decides how much of the match rule to waive, and the waiver only lasts for that fiscal year and ends once the authority receives any Title I funds. A "housing program" means any housing help run by HUD or by the Department of Agriculture (through the Administrator of the Farmers Home Administration), such as contracts, grants, loans, loan guarantees, or other housing assistance.

Title 25, §4104

Indians, Source: USLM XML via OLRC

(a)Authorization of waiver

For any housing program that provides assistance through any Indian housing authority, the Secretary of Housing and Urban Development may provide assistance under such program in any fiscal year notwithstanding any other provision of law that requires the Indian housing authority to provide amounts to match or supplement the amounts provided under such program, if the Indian housing authority has not received amounts for such fiscal year under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.].

(b)Extent of waiver

The authority under subsection (a) to provide assistance notwithstanding requirements regarding matching or supplemental amounts shall be effective only to the extent provided by the Secretary, which shall not extend beyond the fiscal year in which the waiver is made or beyond the receipt of any amounts by an Indian housing authority under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.].

(c)Definition of housing program

For purposes of this section, the term “housing program” means a program under the administration of the Secretary of Housing and Urban Development or the Secretary of Agriculture (through the Administrator of the Farmers Home Administration) that provides assistance in the form of contracts, grants, loans, cooperative agreements, or any other form of assistance (including the insurance or guarantee of a loan, mortgage, or pool of mortgages) for housing.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Housing and Community Development Act of 1974, referred to in subsecs. (a) and (b), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Act is classified principally to chapter 69 (§ 5301 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 5301 of Title 42 and Tables. Codification Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Native American Housing Assistance and Self-Determination Act of 1996 which comprises this chapter. Section was formerly classified to section 1437ff of Title 42, The Public Health and Welfare.

§4104 Waiver of Matching Funds Requirements in Indian Housing Programs