25 U.S.C. § 4103 : US Code - Section 4103: Definitions

Search 25 U.S.C. § 4103 : US Code - Section 4103: Definitions

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) medical expenses, in the case of an elderly or disabled
family; and
(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 of
this chapter. 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) 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) Any amounts not actually received by the family.
(B) Any amounts that would be eligible for exclusion under
section 1382b(a)(7) of title 42.
(9) Indian
The term "Indian" means any person who is a member of an Indian
tribe.
(10) 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.
(11) Indian housing plan
The term "Indian housing plan" means a plan under section 4112
of this title.
(12) 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.
(13) 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.
(14) Median income
The term "median income" means, with respect to an area that is
an Indian area, the greater of -
(A) the median income for the Indian area, which the
Secretary shall determine; or
(B) the median income for the United States.
(15) 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.
(16) 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.
(17) 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.
(18) 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.
(19) Secretary
Except as otherwise specifically provided in this chapter, the
term "Secretary" means the Secretary of Housing and Urban
Development.
(20) 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.
(21) 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.
(22) Housing related community development
(A) In general
The term "housing related community development" means any
tribally-owned and operated facility, business, activity, or
infrastructure that -
(i) is necessary to the direct construction of reservation
housing; and
(ii) would help an Indian tribe or its tribally-designated
housing authority reduce the cost of construction of Indian
housing or otherwise promote the findings 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.].