25 U.S.C. § 4101 — Congressional findings
submitted 30 years ago by Pub. L. 104-330 to r/title-25-INDIANS · 411 words · no verdicts yet
Congress describes Federal responsibilities concerning affordable housing for Indian tribes and people. It emphasizes tribal self-determination, partnerships, housing finance, and direct assistance to tribes or tribally designated entities.
Congress finds that: (1) the Federal Government must promote national welfare by using Federal resources to help families and individuals obtain affordable homes in safe, healthy places, especially responsible people unable to provide fully for themselves because of temporary circumstances or forces beyond their control; support a strong national economy and private housing market; and build partnerships among Federal, State*, tribal, and local governments and private entities so government fosters a healthy marketplace while families prosper without day-to-day government involvement. (2) The United States and Indian* tribes have a unique relationship and the United States has a unique responsibility to Indian people. (3) The Constitution gives Congress plenary power over Indian affairs, and treaties, statutes, and history create a unique trust responsibility to protect and support tribes and Indian people. (4) Through those sources, Congress has accepted responsibility to protect and preserve tribes and to work with tribes and members to improve housing and socioeconomic conditions so they can take more responsibility for their economies. (5) Affordable, safe, healthy homes are essential to that special Federal role. (6) The need is acute on reservations, in Indian communities, and in Native Alaskan villages. The Federal Government must provide housing help and, when practicable, help develop private housing finance on Indian lands to support tribal economic self-sufficiency and self-determination. (7) Federal help must recognize Indian self-determination and tribal self-governance by making it directly available to tribes or tribally designated entities under authorities similar to those in Public Law 93-638.
The Congress finds that—
the Federal Government has a responsibility to promote the general welfare of the Nation—
by using Federal resources to aid families and individuals seeking affordable homes in safe and healthy environments and, in particular, assisting responsible, deserving citizens who cannot provide fully for themselves because of temporary circumstances or factors beyond their control;
by working to ensure a thriving national economy and a strong private housing market; and
by developing effective partnerships among the Federal Government, State*, tribal, and local governments, and private entities that allow government to accept responsibility for fostering the development of a healthy marketplace and allow families to prosper without government involvement in their day-to-day activities;
there exists a unique relationship between the Government of the United States and the governments of Indian* tribes and a unique Federal responsibility to Indian people;
the Constitution of the United States invests the Congress with plenary power over the field of Indian affairs, and through treaties, statutes, and historical relations with Indian tribes, the United States has undertaken a unique trust responsibility to protect and support Indian tribes and Indian people;
the Congress, through treaties, statutes, and the general course of dealing with Indian tribes, has assumed a trust responsibility for the protection and preservation of Indian tribes and for working with tribes and their members to improve their housing conditions and socioeconomic status so that they are able to take greater responsibility for their own economic condition;
providing affordable homes in safe and healthy environments is an essential element in the special role of the United States in helping tribes and their members to improve their housing conditions and socioeconomic status;
the need for affordable homes in safe and healthy environments on Indian reservations, in Indian communities, and in Native Alaskan villages is acute and the Federal Government shall work not only to provide housing assistance, but also, to the extent practicable, to assist in the development of private housing finance mechanisms on Indian lands to achieve the goals of economic self-sufficiency and self-determination for tribes and their members; and
Federal assistance to meet these responsibilities shall be provided in a manner that recognizes the right of Indian self-determination and tribal self-governance by making such assistance available directly to the Indian tribes or tribally designated entities under authorities similar to those accorded Indian tribes in Public Law 93–638 (25 U.S.C. 450 et seq.).1
Source credit: (Pub. L. 104–330, § 2, Oct. 26, 1996, 110 Stat. 4017; Pub. L. 110–411, § 2, Oct. 14, 2008, 122 Stat. 4320.)
- 1996Enacted · Pub. L. 104-330 · 110 Stat. 4017
- 2008Amended · Pub. L. 110-411 · 122 Stat. 4320
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-330 on 1996-10-26.
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