110 STAT. 4036 PUBLIC LAW 104-330—OCT. 26, 1996 25 USC 4140. SEC. 210. CONTINUED USE OF AMOUNTS FOR AFFORDABLE HOUSING. Any funds for programs for low-income housing under the United States Housing Act of 1937 that, on the date of the applicabihty of this Act to an Indian tribe, are owned by, or in the possession or under the control of, the Indian housing authority for the tribe, including all reserves not otherwise obligated, shall be considered assistance under this Act and subject to the provisions of this Act relating to use of such assistance. TITLE III—ALLOCATION OF GRANT AMOUNTS 25 USC 4151. SEC. 301. ANNUAL ALLOCATION. For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this Act for the fiscal year, in accordance with the formula established pursuant to section 302, among Indian tribes that comply with the requirements under this Act for a grant under this Act. 25 USC 4152. SEC. 302. ALLOCATION FORMULA. Regulations. (a) ESTABLISHMENT. — The Secretary shall, by regulations issued not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, in the manner provided under section 106, establish a formula to provide for allocating amounts available for a fiscal year for block grants under this Act among Indian tribes in accordance with the requirements of this section. (b) FACTORS FOR DETERMINATION OF NEED.—The formula shall be based on factors that reflect the need of the Indian tribes and the Indian areas of the tribes for assistance for affordable housing activities, including the following factors: (1) The number of low-income housing dwelling units owned or operated at the time pursuant to a contract between an Indian housing authority for the tribe and the Secretary. (2) The extent of poverty and economic distress and the number of Indian families within Indian areas of the tribe. (3) Other objectively measurable conditions as the Secretary and the Indian tribes may specify. (c) OTHER FACTORS FOR CONSIDERATION. — In establishing the formula, the Secretary shall consider— (1) the relative administrative capacities and other challenges faced by the recipient, including, but not limited to geographic distribution within the Indian area and technical capacity; and (2) the extent to which terminations of assistance under title V will affect funding available to State recognized tribes. (d) FUNDING FOR PUBLIC HOUSING OPERATION AND MODERNIZATION. — (1) FULL FUNDING. —The formula shall provide that, if, in any fiscal year, the totpl amount made available for assistance under this Act is equal to or greater than the total amount made available for fiscal year 1996 for assistance for the operation and modernization of public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937, the amount provided for such fiscal year
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