PUBLIC LAW 104-330—OCT. 26, 1996 110 STAT. 4031 TITLE II—AFFORDABLE HOUSING ACTIVITIES SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 25 USC 4131. (a) PRIMARY OBJECTIVE. —The national objectives of this Act are— (1) to assist and promote affordable housing activities to develop, maintain, and operate affordable housing in safe and healthy environments on Indian reservations and in other Indian areas for occupancy by low-income Indian families; (2) to ensure better access to private mortgage markets for Indian tribes and their members and to promote self- sufficiency of Indian tribes and their members; (3) to coordinate activities to provide housing for Indian tribes and their members with Federal, State, and local activities to further economic and community development for Indian tribes and their members; (4) to plan for and integrate infrastructure resources for Indian tribes with housing development for tribes; and (5) to promote the development of private capital markets in Indian country and to allow such markets to operate and grow, thereby benefiting Indian communities. (b) ELIGIBLE FAMILIES.— (1) IN GENERAL.— Except as provided under paragraph (2), assistance under eligible housing activities under this Act shall be limited to low-income Indian families on Indian reservations and other Indian areas. (2) EXCEPTION TO LOW-INCOME REQUIREMENT. —A recipient may provide assistance for homeownership activities under section 202(2), model activities under section 202(6), or loan - guarantee activities under title VI to Indian families who are not low-income families, to the extent that the Secretgiry approves the activities pursuant to such section or title because there is a need for housing for such families that cannot reasonably be met without such assistance. The Secretary shall establish limits on the amount of assistance that may be provided under this Act for activities for families who are not low-income families. (3) NON-INDIAN FAMILIES. — Notwithstanding paragraph (1), a recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this Act for a non-Indian family on an Indian reservation or other Indian area if the recipient determines that the presence of the family on the Indisin reservation or other Indian area is essential to the well-being of Indian fami- Ues and the need for housing for the family cannot reasonably be met without such assistance. (4) PREFERENCE FOR TRIBAL MEMBERS AND OTHER INDIAN FAMILIES. — The Indian housing plan for an Indian tribe may require preference, for housing or housing assistance provided through affordable housing activities assisted with grant amounts provided under this Act on behalf of such tribe, to be given (to the extent practicable) to Indisin families who are members of such tribe, or to other Indian families. In any case in which the applicable Indian housing plan for an Indian tribe provides for preference under this paragraph, the
�
