Page:United States Statutes at Large Volume 110 Part 6.djvu/198

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110 STAT. 4020 PUBLIC LAW 104-330—OCT. 26, 1996 as Indians pursuant to the Indian Self-Determination and Education Assistance Act of 1975. (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 107, entered into a contract with the Secretary pursuant to the United States Housing Act of 1937 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 302 shall be determined for a State recognized tribe under tribal membership eligibility criteria in existence on the date of the enactment of this Act; 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" meeins, with respect to an orgginization, 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 223 of the Social Security Act; (B) is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which—