25 USC § 4104 - Waiver of matching funds requirements in Indian housing programs

---
identifier: "/us/usc/t25/s4104"
source: "usc"
legal_status: "official_prima_facie"
title: "25 USC § 4104 - Waiver of matching funds requirements in Indian housing programs"
title_number: 25
title_name: "INDIANS"
section_number: "4104"
section_name: "Waiver of matching funds requirements in Indian housing programs"
chapter_number: 43
chapter_name: "NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION"
positive_law: false
currency: "119-84"
last_updated: "2025-07-14"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–625, title IX, § 959, Nov. 28, 1990, 104 Stat. 4423.)"
---


# § 4104. Waiver of matching funds requirements in Indian housing programs

**(a)** **Authorization of waiver** 42 U.S.C. 5301

For any housing program that provides assistance through any Indian housing authority, the Secretary of Housing and Urban Development may provide assistance under such program in any fiscal year notwithstanding any other provision of law that requires the Indian housing authority to provide amounts to match or supplement the amounts provided under such program, if the Indian housing authority has not received amounts for such fiscal year under title I of the Housing and Community Development Act of 1974 [ et seq.].

**(b)** **Extent of waiver** 42 U.S.C. 5301

The authority under subsection (a) to provide assistance notwithstanding requirements regarding matching or supplemental amounts shall be effective only to the extent provided by the Secretary, which shall not extend beyond the fiscal year in which the waiver is made or beyond the receipt of any amounts by an Indian housing authority under title I of the Housing and Community Development Act of 1974 [ et seq.].

**(c)** **Definition of housing program** For purposes of this section, the term “housing program” means a program under the administration of the Secretary of Housing and Urban Development or the Secretary of Agriculture (through the Administrator of the Farmers Home Administration) that provides assistance in the form of contracts, grants, loans, cooperative agreements, or any other form of assistance (including the insurance or guarantee of a loan, mortgage, or pool of mortgages) for housing.

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**Source Credit**: (Pub. L. 101–625, title IX, § 959, Nov. 28, 1990, 104 Stat. 4423.)

## Editorial Notes

### References in Text

The Housing and Community Development Act of 1974, referred to in subsecs. (a) and (b), is , , , as amended. Title I of the Act is classified principally to chapter 69 (§ 5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Codification

Section was enacted as part of the Cranston-Gonzalez National Affordable Housing Act, and not as part of the Native American Housing Assistance and Self-Determination Act of 1996 which comprises this chapter.

Section was formerly classified to , The Public Health and Welfare.