§ 4114.
(a)
Program income
(1)
Authority to retain
Notwithstanding any other provision of this chapter, a recipient may retain any program income that is realized from any grant amounts under this chapter if—
(A)
such income was realized after the initial disbursement of the grant amounts received by the recipient; and
(B)
the recipient has agreed that it will utilize such income for housing related activities in accordance with this chapter.
(2)
Prohibition of restricted access or reduction of grant
The Secretary may not restrict access to or reduce the grant amount for any Indian tribe based solely on—
(A)
whether the recipient for the tribe retains program income under paragraph (1);
(B)
the amount of any such program income retained;
(D)
whether the recipient has expended retained program income for housing-related activities.
(4)
Exclusion from program income of regular developer’s fees for low-income housing tax credit projects
([Pub. L. 104–330, title I, § 104], Oct. 26, 1996, [110 Stat. 4027]; [Pub. L. 106–568, title X, § 1003(j)], Dec. 27, 2000, [114 Stat. 2930]; [Pub. L. 106–569, title V, § 503(i)], Dec. 27, 2000, [114 Stat. 2965]; [Pub. L. 107–292, § 5], Nov. 13, 2002, [116 Stat. 2054]; [Pub. L. 109–136, § 3], Dec. 22, 2005, [119 Stat. 2644]; [Pub. L. 110–411, title I, § 104], Oct. 14, 2008, [122 Stat. 4323].)