{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1057","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1057","heading":"Creation of Indian housing authorities – Transfer of","body":"management and control.\n\nA. There is hereby created, with respect to each Indian tribe,\n\nband, or nation in the state, a public body corporate and politic,\n\nto function in the operating area of each Indian tribe, band, or\n\nnation to be known as the \"housing authority\" of the Indian tribe,\n\nband, or nation. The Indian housing authority shall be an agency of\n\nthe State of Oklahoma, possessing all powers, rights, and functions\n\nherein specified for city and county authorities created pursuant to\n\nthis act. The Indian housing authority shall not transact any\n\nbusiness nor exercise its powers hereunder until or unless the\n\ngoverning council of the tribe, band, or nation, as the case may be,\n\nby proper resolution, declares that there is a need for a housing\n\nauthority to function for the tribe, band, or nation.\n\nB. Except as otherwise provided in this act, all the provisions\n\nof law applicable to housing authorities created for cities and\n\ncounties and the commissioners of such authorities shall be\n\napplicable to Indian housing authorities and commissioners, unless a\n\ndifferent meaning clearly appears from the context. The Chief or\n\nother governing head of an Indian tribe, band, or nation is hereby\n\nauthorized to exercise all appointing and other powers with respect\n\nto an Indian housing authority that are vested by this act in the\n\nmayor of a city relating to a city housing authority.\n\nC. The Oklahoma Legislature finds that, under the authority of\n\nthis section, state agency Indian housing authorities may be\n\noperated in the area of federally recognized Indian tribes, bands\n\nand nations in this state, upon proper resolution declaring that\n\nthere is a need for a housing authority to function in the operating\n\narea of the tribe, band or nation. State agency Indian housing\n\nauthorities are funded exclusively with federal funds designated for\n\nthe purpose of providing housing in the area of the tribe, band or\n\nnation for whose benefit the housing authority was established. The\n\nstate agency Indian housing authorities are managed by tribal\n\nmembers appointed by the governing head of the tribe. At the time\n\nthat state agency Indian housing authorities were authorized to\n\noperate for the benefit of the tribe, band or nation, the tribes,\n\nbands and nations were not eligible to receive federal funding for\n\nhousing purposes. Federally recognized Indian tribes, bands and\n\nnations are now eligible to receive federal funding for housing\n\npurposes and many have received federal funds, and many have created\n\ntribal housing authorities for the purpose of providing housing for\n\ntheir tribal members. In the exercise of their sovereign powers,\n\nsome tribes, bands and nations desire or may in the future desire to\n\nundertake the control and management of the state agency Indian\n\nhousing authorities created for their benefit and to assume all the\n\nassets and liabilities, while other tribes, bands or nations may\n\nwish to consolidate the state agency Indian housing authority\n\ncreated or which may be created for their benefit into tribal\n\nhousing programs. In the interest of the sovereign power of\n\nfederally recognized Indian tribes, economy of efforts, and the\n\nmaintenance of cooperative relationships between the state and\n\nfederally recognized Indian tribes, and in light of the above\n\nfindings, the state hereby authorizes any federally recognized\n\nIndian tribe, band or nation for whose benefit a state agency\n\nhousing authority was or may be created, to assume management and\n\ncontrol of the state agency Indian housing authority and all its\n\nassets, as provided in this section.\n\nD. Any federally recognized Indian tribe, band or nation for\n\nwhose benefit a state agency housing authority has been or will be\n\ncreated is hereby empowered to undertake the management and control\n\nof the program of the state agency upon:\n\n1. The assumption of all present and future liabilities of the\nof the state agency Indian housing authority and all its\n\nassets, as provided in this section.\n\nD. Any federally recognized Indian tribe, band or nation for\n\nwhose benefit a state agency housing authority has been or will be\n\ncreated is hereby empowered to undertake the management and control\n\nof the program of the state agency upon:\n\n1. The assumption of all present and future liabilities of the\n\nstate agency housing authority;\n\n2. The acceptance of all assets of the state agency housing\n\nauthority;\n\n3. Upon agreeing to continue to operate a housing authority or\n\nprogram; and\n\n4. Upon entering into local cooperative agreements for payments\n\nin lieu of taxes in an amount that is not more than the amount\n\nauthorized under the Native American Housing Assistance and Self-\n\nDetermination Act and rules implementing the act.\n\nE. The governing body of any federally recognized Indian tribe,\n\nband or nation may exercise the power to undertake management and\n\ncontrol of the state agency Indian housing authority created for its\n\nbenefit by adopting an ordinance or resolution to undertake\n\nmanagement and control. The resolution or ordinance shall provide\n\nthat the tribe, band or nation will assume all the assets and all\n\nthe liabilities of the state agency Indian housing authority and\n\nagrees to continue to operate the housing program for the benefit of\n\nits members, and will enter into local cooperative agreements with\n\npayments in lieu of taxes as required in paragraph 4 of subsection D\n\nof this section and in accordance with Section 1066 of this title.\n\nF. Upon the filing of a resolution or ordinance as provided for\n\nin subsection E of this section with the office of the Secretary of\n\nState, the Oklahoma Attorney General, and the office of the county\n\nclerk in the county in which any land being transferred is located,\n\nthe management and control of the state agency Indian housing\n\nauthority created for the tribe, band or nation, together with the\n\nownership of all housing authority assets and liabilities shall\n\ntransfer to the tribe, band or nation, and the state agency Indian\n\nhousing authority for that tribe, band or nation shall cease to\n\nexist. No further action on the state’s part is necessary to\n\ntransfer title of all state agency Indian housing authority real\n\nproperty to the tribe, band or nation. The filing of a copy of this\n\nstatute, a certified copy of the required resolution or ordinance\n\nand the legal description of the land(s) shall transfer title. The\n\nland so transferred, until transferred to the ownership of\n\nindividual tribal members, is declared to be used for charitable\n\npurposes and to be public property used for essential public and\n\ngovernmental purposes. The property shall be exempt from ad valorem\n\ntaxes, as long as the tribe, band or nation continues to make the in\n\nlieu of tax payments as required in this section.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e87f34b5d93870abd47a426b3a02cccc4d55dc6ce45980261544c91ce8b9524a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1056","next":"us-ok/okla.-stat.-tit.-63-63-1058"},"notice":"GroundRules: Original legal text. Not legal advice."}