Page:United States Statutes at Large Volume 122.djvu/4346

 12 2 STA T .43 23 PUBLIC LA W 11 0– 411 —O CT. 14 , 200 8famil i es f orh o u si ng assis t e dw ith grant amounts p ro -v ided under this Ac t ‘ ( iv ) a certification that policies are in effect and are availa b le for review b y the S ecretary and the public governing rents and homebuyer payments charged , including the methods by which the rents or homebuyer payments are determined, for housing assisted with grant amounts provided under this Act; ‘‘(v) a certification that policies are in effect and are available for review by the Secretary and the public governing the management and maintenance of housing assisted with grant amounts provided under this Act; and ‘‘(vi) a certification that the recipient will comply with section 104 (b) .’ ’; ( 3 ) by redesignating subsections (d) through (f) as sub- sections (c) through (e), respectively; and (4) in subsection (d) (as redesignated by paragraph (3)), by stri k ing ‘‘subsection (d)’’ and inserting ‘‘subsection (c)’’. SEC.103 . R E VI E WOFPLAN S. Section 103 of the N ative American H ousing Assistance and Self- D etermination Act of 1 9 9 6 ( 25U .S. C . 4113) is amended — (1) in subsection (d)— (A) in the first sentence— (i) by striking ‘‘fiscal’’ each place it appears and inserting ‘‘tribal program’’; and (ii) by striking ‘‘(with respect to’’ and all that fol- lows through ‘‘section 102(c))’’; and ( B ) by striking the second sentence; and (2) by striking subsection (e) and inserting the following

‘‘(e) S ELF -DE T E RMIN E D A C TI V ITIE SP R OG R A M.—Notwithstanding any other provision of this section, the Secretary— ‘‘(1) shall review the information included in an I ndian housing plan pursuant to subsections (b)(4) and (c)( 7 ) only to determine whether the information is included for purposes of compliance with the re q uirement under section 232(b)(2); and ‘‘(2) may not approve or disapprove an Indian housing plan based on the content of the particular benefits, activities, or results included pursuant to subsections (b)(4) and (c)(7).’’. SEC. 10 4 . T REAT M ENT OF PRO G RAM INCOME AN D LA B OR STANDARDS. Section 104(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(a)) is amended by adding at the end the following: ‘‘(4) EX CL U SION FROM P ROGRAM INCOME OF REGULAR DEVEL- OPER’S FEES FOR LO W -INCOME H OUSING TAX CREDIT PRO J ECTS.— Notwithstanding any other provision of this Act, any income derived from a regular and customary developer’s fee for any pro j ect that receives a low-income housing ta x credit under section 42 of the Internal R evenue Code of 19 8 6, and that is initially funded using a grant provided under this Act, shall not be considered to be program income if the developer’s fee is approved by the State housing credit agency.’’.

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