Page:United States Statutes at Large Volume 114 Part 5.djvu/948

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114 STAT. 2962 PUBLIC LAW 106-569—DEC. 27, 2000 the following: "for a period of not more than 90 days, if the Secretary determines that an Indian tribe has not complied with, or is unable to comply with, those requirements due to exigent circumstances beyond the control of the Indian tribe.". (2) LOCAL COOPERATION AGREEMENT.— Section 101(c) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(c)) is amended by adding at the end the following: "The Secretary may waive the requirements of this subsection and subsection (d) if the recipient has made a good faith effort to fulfill the requirements of this subsection and subsection (d) and agrees to make payments in lieu of taxes to the appropriate taxing authority in an amount consistent with the requirements of subsection (d)(2) until such time as the matter of making such payments has been resolved in accordance with subsection (d).". (b) ASSISTANCE TO FAMILIES THAT ARE NOT LOW-INCOME. — Section 102(c) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4112(c)) is amended by adding at the end the following: "(6) CERTAIN FAMILIES. — With respect to assistance provided under section 201(b)(2) by a recipient to Indian families that are not low-income families, evidence that there is a need for housing for each such family during that period that cannot reasonably be met without such assistance.". (c) ELIMINATION OF WAIVER AUTHORITY FOR SMALL TRIBES. — Section 102 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4112) is amended— (1) by striking subsection (f); and (2) by redesignating subsection (g) as subsection (f). (d) ENVIRONMENTAL COMPLIANCE.— Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following: "(d) ENVIRONMENTAL COMPLIANCE.— The Secretary may waive the requirements under this section if the Secretary determines that a failure on the part of a recipient to comply with provisions of this section— "(1) will not frustrate the goals of the National Environmental Pohcy Act of 1969 (42 U.S.C. 4331 et seq.) or any other provision of law that furthers the goals of that Act; "(2) does not threaten the health or safety of the community involved by posing an immediate or long-term hazard to residents of that community; "(3) is a result of inadvertent error, including an incorrect or incomplete certification provided under subsection (c)(1); and "(4) may be corrected through the sole action of the recipient.". (e) OVERSIGHT.— (1) REPAYMENT.— Section 209 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139) is amended to read as follows: "SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIRE- MENT. "If a recipient uses grant amounts to provide affordable housing under this title, and at any time during the useful life of the housing the recipient does not comply with the requirement under