---
kind: "section"
citation: "25 U.S.C. § 4236"
title: "25"
title_heading: "Indians"
number: "4236"
heading: "Allocation formula"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4236"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter VIII — Housing Assistance for Native Hawaiians"
---

# §4236. Allocation formula

- (a) **Establishment—** The [Secretary](/usc/25/4103.md?p=20) shall, by regulation issued not later than the expiration of the 6-month period beginning on December 27, 2000, in the manner provided under [section 4227 of this title](/usc/25/4227.md), establish a formula to provide for the allocation of amounts available for a fiscal year for block grants under this subchapter in accordance with the requirements of this section.
- (b) **Factors for determination of need—** The formula under [subsection (a)](#a) shall be based on factors that reflect the needs for assistance for [affordable housing](/usc/25/4103.md?p=2) activities, including—
  - (1) the number of low-[income](/usc/25/4103.md?p=9) dwelling units owned or operated at the time pursuant to a contract between the [Director](/usc/25/4221.md?p=2) and the [Secretary](/usc/25/4103.md?p=20);
  - (2) the extent of poverty and economic distress and the number of [Native Hawaiian](/usc/25/4221.md?p=9) [families](/usc/25/4103.md?p=6) eligible to reside on the [Hawaiian Home Lands](/usc/25/4221.md?p=4); and
  - (3) any other objectively measurable conditions that the [Secretary](/usc/25/4103.md?p=20) and the [Director](/usc/25/4221.md?p=2) may specify.
- (c) **Other factors for consideration—** In establishing the formula under [subsection (a)](#a), the [Secretary](/usc/25/4103.md?p=20) shall consider the relative administrative capacities of the [Department of Hawaiian Home Lands](/usc/25/4221.md?p=1) and other challenges faced by the [Department](/usc/25/4221.md?p=1), including—
  - (1) geographic distribution within [Hawaiian Home Lands](/usc/25/4221.md?p=4); and
  - (2) technical capacity.
- (d) **Effective date—** This section shall take effect on December 27, 2000.

## Source credit

(Pub. L. 104–330, title VIII, § 817, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2890, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2984.)

## Notes

### Editorial Notes

### Codification

Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 817 of Pub. L. 104–330. This section is based on the text of section 817 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.