12 2 STA T .43 3 0PUBLIC LA W 110 – 411 —O CT. 14 , 200 8‘ ‘ (C)Iftheuni ti sd e mol ished a nd the r e c i p ient re b uilds the unit w ithin 1y ear of demolition of the unit , the unit may continue to be considered a low - income housin g dwelling unit for the purpose of this paragraph . ‘‘( D ) In this paragraph, the term ‘reasons beyond the control of the recipient ’ means, after ma k ing reasonable efforts, there remain — ‘‘(i) delays in obtaining or the absence of title status reports
‘‘(ii) incorrect or inade q uate legal descriptions or other legal documentation necessary for con v eyance; ‘‘(iii) clouds on title due to probate or intestacy or other court proceedings; or ‘‘(iv) any other legal impediment. ‘‘( E ) S ubparagraphs ( A ) through (D) shall not apply to any claim arising from a formula current assisted stock calcula- tion or count involving an Indian housing block grant allocation for any fiscal year through fiscal year 20 0 8 , if a civil action relating to the claim is filed by not later than 45 days after the date of enactment of this subparagraph.’’. TI T LE I V—COMP LI AN CE , A UD IT S , AND R EPORTS SEC.401 . R E M E DI ES FO R N ONCOM PL I A NCE. Section 401(a) of the N ative American H ousing Assistance and Self-Determination Act of 1 9 9 6 (25 U .S.C. 4161(a)) is amended— (1) by redesignating paragraphs (2) and ( 3 ) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following
‘‘(2) S UBSTAN T I A L N O N C O MP LIANC E .— T he failure of a recipient to comply with the requirements of section 302(b)(1) regarding the reporting of low-income dwelling units shall not, in itself, be considered to be substantial noncompliance for purposes of this title.’’. SEC. 40 2 . MONI T ORIN G OF COMPLIANCE. Section 403(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4163(b)) is amended in the second sentence by inserting ‘‘an appropriate level of’’ after ‘‘shall include’’. SEC. 40 3 . PERFORMANCE REPORTS. Section 404(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4164(b)) is amended— (1) in paragraph (2)— (A) by striking ‘‘goals’’ and inserting ‘‘planned activi- ties’’; and ( B ) by adding ‘‘and’’ after the semicolon at the end; (2) in paragraph (3), by striking ‘‘; and’’ at the end and inserting a period; and (3) by striking paragraph (4). Deadlin e .
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