Page:United States Statutes at Large Volume 110 Part 6.djvu/200

 110 STAT. 4022 PUBLIC LAW 104-330—OCT. 26, 1996 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. TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 25 USC 4111. SEC. 101. BLOCK GRANTS. (a) AUTHORITY.—For each fiscal year, the Secretary shall (to the extent amounts are made available to carry out this Act) make grants under this section on behalf of Indian tribes to carry out affordable housing activities. Under such a grant on behalf of an Indian tribe, the Secretary shall provide the grant amounts for the tribe directly to the recipient for the tribe. (b) PLAN REQUIREMENT.— (1) IN GENERAL.—The Secretary may make a grant under this Act on behalf of an Indian tribe for a fiscal year only if— (A) the Indian tribe has submitted to the Secretary an Indian housing plan for such fiscal year under section 102; and (B) the plan has been determined under section 103 to comply with the requirements of section 102. (2) WAIVER. —The Secretary may waive the applicability of the requirements under paragraph (1), in whole or in part, if the Secretary finds that an Indian tribe has not complied or cannot comply with such requirements due to circumstances beyond the control of the tribe. (c) LOCAL COOPERATION AGREEMENT.— The Secretary may not make any grant under this Act on behalf of an Indian tribe unless the governing body of the locality within which any affordable housing to be assisted with the grant amounts will be situated has entered into an agreement with the recipient for the tribe providing for local cooperation required by the Secretary pursuant to this Act. (d) EXEMPTION FROM TAXATION. — A grant recipient for an Indian tribe may receive a block grant under this Act only if— (1) the affordable housing assisted with grant amounts received by the recipient (exclusive of any portions not assisted with amounts provided under this Act) is exempt from all real and personal property taxes levied or imposed by any State, tribe, city, county, or other political subdivision; and (2) the recipient makes annual payments of user fees to compensate such governments for the costs of providing governmental services, including police and fire protection, roads, water and sewerage systems, utilities systems and related facilities, or payments in lieu of taxes to such taxing authority, in an amount equal to the greater of $150 per dwelling unit or 10 percent of the difference between the shelter rent and the utility cost, or such lesser amount as— (A) is prescribed by State, tribal, or local law;

�