Title 25, IndiansRelease 119-110

§4133 Program Requirements

Title 25 › CHAPTER 43 — NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION › SUBCHAPTER II — AFFORDABLE HOUSING ACTIVITIES › Part A — General Block Grant Program › § 4133

Last updated Sep 22, 2026|Official source

Summary

Any tribe or group that gets these grants must write rules for how it sets rents and homebuyer payments for homes paid for with the grant. They must also make written rules about who can apply, who can move in, and how homes are managed and kept in good repair. For low-income families, monthly rent or homebuyer payments cannot be more than 30 percent of the family’s monthly adjusted income. Groups that own or run housing built under a federal contract must set aside and use grant money as needed to keep the housing maintained and operating. They must carry adequate insurance and may demolish or sell housing when federal rules allow it. If a tribe’s housing plan says grant money can be used over more than 1 fiscal year or saved for future-year projects, federal officials cannot force the money to be spent sooner than the plan allows. Any unused grant money from a fiscal year can be used in later fiscal years. Purchases of goods or services under $5,000 do not have to follow competitive bidding rules.

Full Legal Text

Title 25, §4133

Indians, Source: USLM XML via OLRC

(a)Rents
(1)Establishment
Subject to paragraph (2), each recipient shall develop written policies governing rents and homebuyer payments charged for dwelling units assisted under this chapter, including the methods by which such rents and homebuyer payments are determined.
(2)Maximum rent
In the case of any low-income family residing in a dwelling unit assisted with grant amounts under this chapter, the monthly rent or homebuyer payment (as applicable) for such dwelling unit may not exceed 30 percent of the monthly adjusted income of such family.
(b)Maintenance and efficient operation
Each recipient who owns or operates (or is responsible for funding any entity that owns or operates) housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] shall, using amounts of any grants received under this chapter, reserve and use for operating assistance under section 4132(1) of this title such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing. This subsection may not be construed to prevent any recipient (or entity funded by a recipient) from demolishing or disposing of Indian housing referred to in this subsection, pursuant to regulations established by the Secretary.
(c)Insurance coverage
Each recipient shall maintain adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this chapter.
(d)Eligibility for admission
Each recipient shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this chapter.
(e)Management and maintenance
Each recipient shall develop policies governing the management and maintenance of housing assisted with grant amounts under this chapter.
(f)Use of grant amounts over extended periods
(1)In general
To the extent that the Indian housing plan for an Indian tribe provides for the use of amounts of a grant under section 4111 of this title for a period of more than 1 fiscal year, or for affordable housing activities for which the amounts will be committed for use or expended during a subsequent fiscal year, the Secretary shall not require those amounts to be used or committed for use at any time earlier than otherwise provided for in the Indian housing plan.
(2)Carryover
Any amount of a grant provided to an Indian tribe under section 4111 of this title for a fiscal year that is not used by the Indian tribe during that fiscal year may be used by the Indian tribe during any subsequent fiscal year.
(g)De minimis exemption for procurement of goods and services
Notwithstanding any other provision of law, a recipient shall not be required to act in accordance with any otherwise applicable competitive procurement rule or procedure with respect to the procurement, using a grant provided under this chapter, of goods and services the value of which is less than $5,000.

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 United States Housing Act of 1937, referred to in subsec. (b), 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

2008—Subsecs. (f), (g). Pub. L. 110–411 added subsecs. (f) and (g).

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. § 4133

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110