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Indian Nations Law Update - April 2011

April 12, 2011

HUD Announces FY 2010 Section 202 Funding for Elderly and Supportive Housing

HUD has announced the availability of $371 million pursuant to Section 202 of the Housing Act of 1959. The Section 202 program provides capital advances for new construction, rehabilitation or acquisition of housing for occupancy, for at least 40 years, by very low income elderly persons. The capital advances bear no interest and need not be repaid if program requirements are met, which makes them the functional equivalent of grants. In addition, project rental assistance covers the difference between tenants' contributions toward rent, not to exceed 30% of income, and project operating expenses. Project rental assistance may also be used to provide supportive services for frail elderly residents. Funds may not be used for nursing homes, medical facilities or community centers.

Section 202 has not been frequently used in Indian country because tribal governments and Tribally Designated Housing Entities (TDHEs) are not eligible applicants. Several tribes have, however, teamed with private nonprofits, which are eligible entities, to access the program. The eligible nonprofit must form a single purpose, single asset nonprofit corporation to own the project and, typically, the tribe must grant a long-term lease to the nonprofit. The tribe can contract with the nonprofit to manage the project. The deadline for applications is June 1, 2011. Godfrey & Kahn can assist in structuring transactions to protect tribal interests. For more information, contact Brian Pierson at 414.287.9456 or

Treaty to Trust to Carcieri: The Economic Future for Indian Lands CLE Conference

Carl Artman will chair a conference entitled "Treaty to Trust to Carcieri: The Economic Future for Indian Lands CLE Conference." It will be hosted by the Sandra Day O'Connor College of Law at Arizonia State University's (ASU) Indian Legal Program and the American Indian Policy Institute at ASU. The conference will take place at the ASU Tempe Campus Memorial Union in the Ventana Ballroom on April 28 and April 29.

This conference will present and analyze contemporary issues that impact tribal land management and strategic development. It will examine the history of Indian lands, integration of culture into planning, impact of global issues on reservation planning, impact of local issues on tribal land use, and the future of the fee-to-trust process. Participants will leave the conference with a knowledge that will allow tribes to grow and manage their land base in an economically efficient and culturally sensitive manner. Please see for further information, agenda, speakers' bios, and CLE credits. Recipients of this newsletter may receive the early registration rates until April 25, 2011.

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