[Senate Report 113-152]
[From the U.S. Government Publishing Office]
Calendar No. 334
113th Congress Report
SENATE
2d Session 113-152
======================================================================
REAUTHORIZING THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
DETERMINATION ACT OF 1996, AND FOR OTHER PURPOSES
_______
April 11, 2014.--Ordered to be printed
_______
Mr. Tester, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 1352]
The Committee on Indian Affairs, to which was referred the
bill (S. 1352) to reauthorize the Native American Housing
Assistance and Self-Determination Act of 1996, and for other
purposes, having considered the same, reports favorably with an
amendment and recommends that the bill (as amended) do pass.
Purpose
The purpose of S. 1352 is to reauthorize the Native
American Housing Assistance and Self-Determination Act of 1996
until the end of fiscal year 2018.
Background
The Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) was enacted to further
tribal self-governance, and streamline and simplify the process
of providing housing assistance to tribes and tribal members.
Programs authorized under this legislation are the main housing
delivery mechanism to Indian country at the Department of
Housing and Urban Development (HUD). This legislation has been
reauthorized twice, once in 2002 and again in 2008. In 2000,
Congress enacted the Hawaiian Homelands Homeownership Act,
adding a parallel housing block grant program for Native
Hawaiians to the legislation. Technical corrections were made
to NAHASDA in 1998, 2004, 2005 and 2010.
NAHASDA, which went into effect for fiscal year 1998,
replaced the fragmented Indian housing programs under the
United States Housing Act of 1937 with the Indian Housing Block
Grant program. It provided Indian tribes with the choice of
administering the block grant through their existing Indian
Housing Authorities or their tribally-designated housing
entities. Prior to the enactment of NAHASDA, HUD distributed
funding to housing authorities and tribes through 14 different
programs. Nine of those programs were competitive, while the
other five were formula-based or awarded on a first-come,
first-served basis. None of the programs had uniform criteria
for making the awards.
The implementation of NAHASDA eliminated 9 of the 14
separate Indian housing programs at HUD and replaced them with
a single block grant program. The funds are awarded to Indian
tribes through a noncompetitive block grant. The amount of the
grant is determined by an allocation formula based on need,
housing stock, and several other factors.
NAHASDA was reauthorized in 2002. Former Senator Ben
Nighthorse Campbell introduced a bill in early 2001 which
passed the Senate by Unanimous Consent and easily cleared the
House of Representatives without amendment. No substantial
changes were made to the law. NAHASDA was again reauthorized in
2008. The reauthorization was introduced by then Representative
Dale Kildee and easily passed both the House and Senate.
Need for Legislation
S. 1352 incorporates proposals identified at oversight
hearings and roundtables conducted by the Committee on Indian
Affairs and the Committee on Banking, Housing and Urban Affairs
through direct testimony and an open comment period. In
addition, comments were received by the Committee on Indian
Affairs from national Indian organizations and housing
advocates, including the National American Indian Housing
Council and the National Congress of American Indians.
For the most part, the tribal administration of programs
authorized under the Act has served to reduce the outstanding
housing need in Indian country. S. 1352 would propose to
increase the effectiveness of housing programs, by reducing
duplicative and redundant practices and requirements. It would
further include Indian housing components in other HUD programs
and provide incentives to increase the number of housing
projects that serve Indian country, in particular by
strengthening Indian tribes' ability to address homelessness
among Native American veterans.
Notwithstanding the very troubling statistics of housing
need throughout Indian country, the reauthorization does not
increase the Federal spending authorization for this program.
This is the case. According to the Department of Housing and
Urban Development 2012 data, over 25 percent of, or almost
274,000 out of nearly 1 million, American Indian housing units
have ``severe housing needs.'' The Department of Housing and
Urban Development defines those needs as those homes lacking
basic plumbing or kitchen facilities, having more than 1.01
persons per room, or having a housing cost burden of more than
50 percent of income. Twenty-eight percent of Indian
reservation households lack adequate plumbing and kitchen
facilities, while nationally only 5.4 percent of households
lack such infrastructure. An estimated 200,000 housing units
are needed immediately in Indian country and approximately
90,000 Native families are homeless or under-housed.
Below are major provisions of S. 1352:
Multiple Federal Partners. Housing projects in Indian
country often have several different sources of funding to
complete a single unit. These funding streams can include the
Department of Housing and Urban Development, the Department of
Agriculture, the Indian Health Service, the Department of the
Interior and the Department of the Treasury. The proposed
legislation would provide that for housing-related developments
with multiple Federal partners, one set of standards would
prevail over all Federal requirements under each project.
Indian tribes have consistently informed the Committee that
completing similar requirements for multiple agencies has
burdened housing authorities with redundant requirements. S.
1352 seeks to reduce the duplicative processes tribal housing
authorities must complete to provide housing to Indian
communities.
Total Development Costs (TDCs). The Total Development Costs
imposed by the Department of Housing and Urban Development cap
the amount of funds that may be used on a project but there is
an allowance of 10 percent that a project may exceed before a
waiver is required by the Department. This legislation would
raise the cap to 20 percent before a TDC cap waiver request
would be required.
HUD/VASH program. HUD and the Department of Veterans
Affairs operate a housing program known as the Housing and
Urban Development/Veterans Affairs Supportive Housing (HUD/
VASH) program. This program utilizes vouchers to house homeless
or under-housed veterans. Tribal housing authorities do not
meet certain program administrative requirements to manage
these vouchers. S. 1352 establishes a demonstration project for
tribal housing authorities to administer HUD/VASH through the
existing NAHASDA administrative structure.
The demonstration program is particularly well suited for
implementation in Indian country since Indian people have
served in this Nation's military at higher rates than any other
minority group in the country. However, when these veterans
return home, they are faced with the same lack of housing that
existed when they left. Indian veterans want to return home to
serve their communities and this change in the law will help
facilitate their return. By creating a demonstration program
that would allow Indian tribes to manage this voucher program
directly, a veteran can go to one housing agency to receive the
services he needs, instead of the tribal agency for one form of
assistance and then a state agency for the HUD/VASH program.
This change in the law does not authorize any new spending.
It simply provides that up to five percent of any already-
authorized and appropriated funds could be used for this
purpose.
Native Hawaiian Housing. This legislation would reauthorize
Title VIII of the Native American Housing Assistance and Self-
Determination Act through Fiscal Year 2018.
Section-by-Section Analysis
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Treatment of program income and prevailing wages
This section provides that income from program income (such
as rent payments) will be considered non-program income and may
be used without the restrictions placed on the initial program
income. This section also clarifies that, for projects funded
by multiple Federal sources, where a tribal prevailing wage law
exists, the tribal law will govern the prevailing wage
requirements associated with the use of Federal funds.
Sec. 102. Environmental review
This section provides that, for projects involving multiple
Federal agencies, the use of the environmental standards
delineated in NAHASDA will satisfy the environmental review
requirements of the other Federal agencies.
Sec. 103. Authorization of appropriations
This section reauthorizes NAHASDA programs through the end
of fiscal year 2018.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. Low-income requirement and income targeting
This section increases the minimum value of improvements
(using NAHASDA funds) required to have binding commitments from
HUD to $10,000. These binding commitments are contractual
requirements that ensure a house will remain affordable (i.e.,
will have continued future use) for the life of the property.
This section would also allow a tenant in a low income rental
unit the option to purchase the unit, if the tenant family was
low-income at the time of initial occupancy, regardless of
whether the tenant would currently qualify as low income.
Sec. 202. Lease requirements and tenant selection
This section clarifies that requirements in NAHASDA
regarding adequate written notice of termination of leases will
apply to any project funded, even in part, with NAHASDA funds.
Sec. 203. Self-determined housing activities for tribal communities
This section repeals the provisions authorizing the program
for self-determined housing activities (25 U.S.C. 4145 et
seq.), similar to the self-governance concepts of the Indian
Self-Determination and Education Assistance Act.
Sec. 204. Total Development Cost maximum project cost
This section increases the allowable percentage of
development costs for one housing unit to 20 percent of the
Total Development Costs (TDCs). Tribal housing entities must
currently seek a waiver for any development costs of a
particular housing unit that exceed the TDC by 10 percent.
TITLE III--COMPLIANCE, AUDITS, AND REPORTS
Sec. 301. Reports to Congress
This section changes the requirement that the annual HUD
Indian housing report be provided to the entire Congress and
instead specifically designates the committees of jurisdiction
as the recipients of these reports. In addition, this section
requires these reports be made publically available.
TITLE IV--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 401. HUD/VASH
This section authorizes a demonstration project for the
administration of the HUD-Veterans Affairs Supportive Housing
(VASH) program for the benefit of at-risk or homeless Indian
veterans through the NAHASDA requirements in lieu of the
requirements of the United States Housing Act of 1937.
The HUD/VASH program combines Housing Choice Voucher rental
assistance for homeless veterans with case management and
clinical services provided by the Department of Veterans
Affairs (VA). The VA provides these services for participating
veterans at VA medical centers and community-based outreach
clinics.
Under this section, no more than five percent of rental
assistance provided for the HUD/VASH may be used for this demo
project which shall be awarded to grantees according to need,
administrative capacity (of the tribal housing entities), and
other funding criteria established by the HUD Secretary, in
consultation with the VA Secretary.
Tribal housing entities eligible for NAHASDA funding may be
eligible participants in the demo project and will administer
the distribution of rental assistance according to their
NAHASDA rental programs. The grantees shall report to the
Secretary on the use of rental assistance and provide
information to the Secretary to assess the effectiveness of the
demonstration project.
Sec. 402. 50-year leasehold interest in trust or restricted lands for
housing purposes
This section reconciles a technical difference in the
maximum leasehold terms under the NAHASDA and the Helping
Expedite and Advance Responsible Tribal Home Ownership Act
(HEARTH Act) by allowing tribes to use either source of
authority for housing-related land leasing decisions. The
HEARTH Act, enacted in 2012, authorizes leases of trust or
restricted surface lands for residential purposes for terms not
to exceed 75 years; whereas, the NAHASDA authorizes leases for
housing development or residential purposes for terms not to
exceed 50 years.
Sec. 403. Training and technical assistance
This section reauthorizes funding for the training and
technical assistance for tribal housing entities in accordance
with the fiscal years for which funding is provided for the
Indian Housing Block Grants.
TITLE V--MISCELLANEOUS
Sec. 501. Community-based development organizations and tribally
designated housing entities
This section authorizes a tribally-designated housing
entity to qualify as a community-based development organization
for purposes of applying for the HUD Indian Community
Development Block Grant program.
Sec. 502. Elimination of limitation on use for Cherokee Nation
This section repeals the prohibition on funding for the
Cherokee Nation of Oklahoma.
Sec. 503. Reauthorization of the Native Hawaiian Homeownership Act
This section reauthorizes the housing assistance for Native
Hawaiian programs through Fiscal Year 2018.
Sec. 504. Matching or cost participation requirement
This section authorizes the use of funds under NAHASDA for
the purpose of meeting matching or cost participation
requirements of any other Federal or non-Federal program.
Legislative History
S. 1352 was introduced on July 24, 2013, by Senator Maria
Cantwell. The bill was referred to the Committee on Indian
Affairs. On July 31, 2013, the Committee held a hearing on the
bill. On December 18, 2013, the Committee met to consider the
bill. One substitute amendment was offered, and the bill as
amended was adopted and ordered favorably reported by voice
vote. On January 13, 2014, the bill was referred to the
Committee on Banking, Housing, and Urban Affairs, where it was
discharged on March 24, 2014.
Two similar bills were introduced in the House of
Representatives. On March 18, 2014, Representative Don Young
introduced H.R. 4277. The bill was referred to the House
Committee on Financial Services. On March 27, 2014,
Representative Steve Pearce introduced H.R. 4329. The bill was
referred to the House Committee on Financial Services.
Summary of the Amendments
The Committee on Indian Affairs held a business meeting on
December 18, 2013, to consider the bill, S. 1352. Senator
Cantwell offered an amendment in the nature of a substitute.
The Amendment made four technical or clarifying corrections and
two substantive changes to the introduced bill.
First, the amendment clarified language that the current
tenant may purchase the home currently being rented if the
family was low-income at the time of initial occupancy--which
was the original intent of the bill. Second, the amendment
clarified, in the HUD/VASH demonstration project, that
assistance provided to participating tribal housing entities
include administrative costs consistent with what is currently
funded under the HUD/VASH program. Third, the amendment
corrected a subsection number and, in the HUD/VASH
demonstration project, replaced the word ``use'' with
``utilization.'' Utilization is the technical term for fund
usage employed by HUD for the VASH program. Next, the amendment
corrected the applicable service area for the HUD/VASH
demonstration project to be ``Indian areas'' as defined in the
Native American Housing Assistance and Self-Determination Act
rather than ``Indian lands'' as defined in the Native American
Business Development, Trade Promotion, and Tourism Act of 2000.
This definition will make service areas for the HUD Indian
housing programs consistent.
Finally, the amendment struck the low income tax credit
provisions from the bill. As with many bills introduced in
Congress, the provisions may involve more than one Committee of
jurisdiction. To fully address the wide-ranging housing needs
in Indian country, S. 1352, includes provisions involving
various housing and related programs and incentives. One key
provision in the bill as introduced involved an amendment to
the Internal Revenue Code to include projects serving Indian
communities in the Low Income Housing Tax Credit program. This
provision would create a preference in the allocation of the
tax credits for Indian housing projects.
The Committee on Finance has jurisdiction over the tax
matters and informed the Committee on Indian Affairs that it
would assert jurisdiction over the bill as long as the tax
credit provisions remained in S. 1352. Consequently, the bill,
as amended at the Committee on Indian Affairs business meeting
on December 18, 2013, struck the provisions involving the Low
Income Housing Tax Credits. However, the Committee on Finance
has committed to working with the Committee on Indian Affairs
to ensure Indian tribes have broader access to these Federal
tax credits. This is consistent with Federal law and policy as
the United States has a Federal trust responsibility to ensure
safe and affordable housing for tribal communities. Thus, the
Committee on Indian Affairs will work with the Committee on
Finance to make changes to the law to allow tribes broader
access to this program.
Further, the Committee expects State housing agencies and
the Low Income Housing Tax Credit financing agencies and
brokers to fulfill their commitment to the Committee that they
will work to expand the use of Low Income Housing Tax Credits
in tribal communities. The use of these tax credits is not
universally applied from state to state. Some states set aside
a certain amount of tax credits specifically for a project in
Indian country while other states do not approve any projects
in Indian country.
Committee Recommendation
On December 18, 2013, the Committee on Indian Affairs held
a business meeting to consider S. 1352 and other measures.
Senator Cantwell introduced a substitute amendment, which was
accepted by voice vote. The Committee ordered the bill, as
amended, reported to the full Senate with the recommendation
that it do pass.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated January 30, 2014, was
prepared for S. 1352:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 30, 2014.
Hon. Maria Cantwell,
Chairwoman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Madam Chairwoman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1352, the Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Chad Chirico.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1352--Native American Housing Assistance and Self-Determination
Reauthorization Act of 2013
Summary: S. 1352 would reauthorize the Native American and
Native Hawaiian Block Grant programs for each of fiscal years
2014 through 2018. In addition, the bill would authorize a new
demonstration program to provide rental assistance to Native
American veterans who are homeless or at risk of homelessness.
CBO estimates that implementing S. 1352 would cost about $2.1
billion over the 2015-2019 period, assuming the appropriation
of the necessary amounts.
Pay-as-you-go procedures do not apply to this legislation
because it would not affect direct spending or revenues.
S. 1352 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1352 is shown in the following table.
The costs of this legislation fall within budget function 600
(income security).
Basis of estimate: CBO estimates that implementing S. 1352
would cost about $2.1 billion over the next five years,
assuming the appropriation of the necessary funds. For this
estimate, CBO assumes that S. 1352 will be enacted in fiscal
year 2014 and that appropriated funds will be spent at
historical rates for the affected programs. For this estimate,
CBO assumes no further appropriations for the programs in 2014.
----------------------------------------------------------------------------------------------------------------
By fiscal year in millions of dollars--
------------------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Native American Housing Block Grants:
Estimated Authorization Level.................. 660 672 685 699 0 2,716
Estimated Outlays.............................. 244 381 480 569 382 2,056
Native Hawaiian Block Grants:
Estimated Authorization Level.................. 10 10 11 11 0 42
Estimated Outlays.............................. 1 3 5 7 8 24
Rental Assistance Demonstration Program:
Estimated Authorization Level.................. 4 4 4 4 4 20
Estimated Outlays.............................. 3 4 4 4 4 19
------------------------------------------------------------
Total Changes:
Estimated Authorization Level.............. 674 686 700 714 4 2,778
Estimated Outlays.......................... 248 388 489 580 394 2,099
----------------------------------------------------------------------------------------------------------------
Native American Housing Block Grants: Section 103 would
authorize the appropriation of such sums as necessary for the
Native American Housing Block Grant program through fiscal year
2018. The block grant program provides funding to tribes to
acquire, construct, rehabilitate, or manage affordable housing
for Native American families with low incomes. In 2014, $650
million was appropriated for this program. Assuming continued
appropriations at that level and adjusting for anticipated
inflation, CBO estimates that implementing this section would
cost slightly less than $2.1 billion over the 2015-2019 period.
Native Hawaiian Housing Block Grants: Section 503 would
authorize the appropriation of such sums as necessary for the
Native Hawaiian Housing Block Grant program through fiscal year
2018. Such grants are used to develop, maintain, and operate
affordable housing for Native Hawaiian families with low income
through the Department of Hawaiian Home Lands. In 2014, $10
million was appropriated for this program. Assuming continued
appropriations at that level and adjusting for anticipated
inflation, CBO estimates that implementing this section would
cost $24 million through 2019.
Rental Assistance Demonstration Program: Section 401 would
authorize a demonstration program to provide rental assistance
to Native American veterans who are homeless or at risk of
homelessness. Up to 5 percent of the funds made available for
the Veterans Affairs Supported Housing Program (VASH) could be
used for the demonstration. In 2014, $75 million was
appropriated for the VASH program. Assuming a program level
that is 5 percent of that amount, and adjusting for anticipated
inflation, CBO estimates that implementing this section would
cost $19 million over the 2015-2019 period.
Pay-as-You-Go Considerations: None.
Intergovernmental and private-sector impact: S. 1352
contains no intergovernmental or private-sector mandates as
defined in UMRA. Grants authorized in the bill would benefit
tribal governments that participate in housing assistance
programs. Any costs to those governments of complying with
grant conditions would be incurred voluntarily.
Estimate prepared by: Federal Costs: Chad Chirico; Impact
on State, Local, and Tribal Governments: Lisa Ramirez-Branum;
Impact on the Private Sector: Kim Chung.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 1352 will
have a minimal impact on regulatory or paperwork requirements.
Executive Communications
The Committee has received no communications from the
Executive Branch regarding S. 1352.
Changes in Exising Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1352, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter printed in italic):
25 U.S.C. Sec. 4114 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4114. Treatment of program income and labor standards
(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.]
(1) Authority to retain.--
(A) In general.--Notwithstanding any other
provision of this Act, a recipient may retain
any program income that is realized from any
grant amounts under this Act if--
(i) the income was realized after the
initial disbursement of the grant
amounts received by the recipient; and
(ii) the recipient has agreed that
the recipient will utilize the income
for housing related activities in
accordance with this Act.
(B) Requirements.--Any income that is
realized by a recipient from program income
shall--
(i) be considered nonprogram income;
and
(ii) have no restrictions on use.;
and
(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;
(C) whether the recipient retains reserve
amounts described in section 4140 of this
title; or
(D) whether the recipient has expended
retained program income for housing-related
activities.
(3) Exclusion of amounts.--The Secretary may, by
regulation, exclude from consideration as program
income any amounts determined to be so small that
compliance with the requirements of this subsection
would create an unreasonable administrative burden on
the recipient.
(4) Exclusion from program income of regular
developer's fees for low-income housing tax credit
projects.--Notwithstanding any other provision of this
chapter, any income derived from a regular and
customary developer's fee for any project that receives
a low-income housing tax credit under section 42 of
title 26, and that is initially funded using a grant
provided under this chapter, shall not be considered to
be program income if the developer's fee is approved by
the State housing credit agency.
(b) Labor Standards.--
(1) In general.--Any contract or agreement for
assistance, sale, or lease pursuant to this chapter
shall contain a provision requiring that not less than
the wages prevailing in the locality, as determined or
adopted (subsequent to a determination under applicable
State, tribal, or local law) by the Secretary, shall be
paid to all architects, technical engineers, draftsmen,
and technicians employed in the development, and all
maintenance laborers and mechanics employed in the
operation, of the affordable housing project involved;
and shall also contain a provision that not less than
the wages prevailing in the locality, as predetermined
by the Secretary of Labor pursuant to sections 3141-
3144, 3146, and 3147 of title 40, shall be paid to all
laborers and mechanics employed in the development of
the affordable housing involved, and the Secretary
shall require certification as to compliance with the
provisions of this paragraph before making any payment
under such contract or agreement.
(2) Exceptions.--Paragraph (1) and the provisions
relating to wages (pursuant to paragraph (1)) in any
contract or agreement for assistance, sale, or lease
pursuant to this chapter, shall not apply to any
individual who receives no compensation or is paid
expenses, reasonable benefits, or a nominal fee to
perform the services for which the individual
volunteered and who is not otherwise employed at any
time in the construction work.
[(3) Application of tribal laws.--Paragraph (1) shall
not apply to any contract or agreement for assistance,
sale, or lease pursuant to this chapter, if such
contract or agreement is otherwise covered by one or
more laws or regulations adopted by an Indian tribe
that requires the payment of not less than prevailing
wages, as determined by the Indian tribe.]
(3) Application of tribal laws.--
(A) In general.--Paragraph (1) shall not
apply to any contract or agreement for
assistance, sale, or lease pursuant to this
Act, if that contract or agreement is otherwise
covered by 1 or more laws or regulations
adopted by an Indian tribe that requires the
payment of not less than prevailing wages, as
determined by the Indian tribe.
(B) Wages.--The prevailing wages described in
subparagraph (A) shall apply to the
administration of all Federal funding for
projects funded in part by funds authorized
under this Act.
25 U.S.C. Sec. 4115 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4115. Environmental review.
(a) In General.--
(1) Release of funds.--In order to ensure that the
policies of the National Environmental Policy Act of
1969 [42 U.S.C. 4321 et seq.] and other provisions of
law that further the purposes of such Act (as specified
in regulations issued by the Secretary) are most
effectively implemented in connection with the
expenditure of grant amounts provided under this
chapter, and to ensure to the public undiminished
protection of the environment, the Secretary, in lieu
of the environmental protection procedures otherwise
applicable, may by regulation provide for the release
of amounts for particular projects to tribes which
assume all of the responsibilities for environmental
review, decisionmaking, and action pursuant to such
Act, and such other provisions of law as the
regulations of the Secretary specify, that would apply
to the Secretary were the Secretary to undertake such
projects as Federal projects.
(2) Regulations.--
(A) In general.--The Secretary shall issue
regulations to carry out this section only
after consultation with the Council on
Environmental Quality.
(B) Contents.--The regulations issued under
this paragraph shall--
(i) provide for the monitoring of the
environmental reviews performed under
this section;
(ii) in the discretion of the
Secretary, facilitate training for the
performance of such reviews; and
(iii) provide for the suspension or
termination of the assumption of
responsibilities under this section.
(3) Effect on assumed responsibility.--The duty of
the Secretary under paragraph (2)(B) shall not be
construed to limit or reduce any responsibility assumed
by a recipient of grant amounts with respect to any
particular release of funds.
(b) Procedure.--The Secretary shall approve the release of
funds subject to the procedures authorized by this section only
if, not less than 15 days prior to such approval and prior to
any commitment of funds to such projects, the tribe has
submitted to the Secretary a request for such release
accompanied by a certification that meets the requirements of
subsection (c) of this section. The approval of the Secretary
of any such certification shall be deemed to satisfy the
responsibilities of the Secretary under the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and
such other provisions of law as the regulations of the
Secretary specify insofar as those responsibilities relate to
the releases of funds for projects to be carried out pursuant
thereto that are covered by such certification.
(c) Certification.--A certification under the procedures
authorized by this section shall--
(1) be in a form acceptable to the Secretary;
(2) be executed by the chief executive officer or
other officer of the tribe under this chapter qualified
under regulations of the Secretary;
(3) specify that the tribe has fully carried out its
responsibilities as described under subsection (a) of
this section; and
(4) specify that the certifying officer--
(A) consents to assume the status of a
responsible Federal official under the National
Environmental Policy Act of 1969 [42 U.S.C.
4321 et seq.] and each provision of law
specified in regulations issued by the
Secretary insofar as the provisions of such Act
or such other provisions of law apply pursuant
to subsection (a) of this section; and
(B) is authorized and consents on behalf of
the tribe and such officer to accept the
jurisdiction of the Federal courts for the
purpose of enforcement of the responsibilities
of the certifying officer as such an official.
(d) Environmental Compliance.--The Secretary may waive the
requirements under this section if the Secretary determines
that a failure on the part of a recipient to comply with
provisions of this section--
(1) will not frustrate the goals of the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et
seq.] or any other provision of law that furthers the
goals of that Act;
(2) does not threaten the health or safety of the
community involved by posing an immediate or long-term
hazard to residents of that community;
(3) is a result of inadvertent error, including an
incorrect or incomplete certification provided under
subsection (c)(1) of this section; and
(4) may be corrected through the sole action of the
recipient.
(e) Environmental Review.--Notwithstanding any other
provision of law or use of any other source of funding for the
project, compliance with the environmental review requirements
of this section shall satisfy any other applicable
environmental review requirement under any other Federal law
(including regulations) required to be carried out by any
agency involved in the project.
25 U.S.C. Sec. 4117 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4117. Authorization of appropriations
There are authorized to be appropriated for grants under
this subchapter such sums as may be necessary for each of
fiscal years [2009 through 2013] 2013 through 2018. This
section shall take effect on October 26, 1996.
25 U.S.C. Sec. 4135 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4135. Low-income requirement and income targeting
(a) In General.--Housing shall qualify as affordable
housing for purposes of this chapter only if--
(1) each dwelling unit in the housing--
(A) in the case of rental housing, is made
available for occupancy only by a family that
is a low-income family at the time of their
initial occupancy of such unit;
(B) in the case of a contract to purchase
existing housing, is made available for
purchase only by a family that is a low-income
family at the time of purchase;
(C) in the case of a lease-purchase agreement
for existing housing or for housing to be
constructed, is made available for lease-
purchase only by a family that is a low-income
family at the time the agreement is entered
into; and
(D) in the case of a contract to purchase
housing to be constructed, is made available
for purchase only by a family that is a low-
income family at the time the contract is
entered into; and
(2) except for housing assisted under section 1437bb
of title 42 (as in effect before the date of the
effectiveness of this chapter), each dwelling unit in
the housing will remain affordable, according to
binding commitments satisfactory to the Secretary, for
the remaining useful life of the property (as
determined by the Secretary) without regard to the term
of the mortgage or to transfer of ownership, or for
such other period that the Secretary determines is the
longest feasible period of time consistent with sound
economics and the purposes of this chapter, except upon
a foreclosure by a lender (or upon other transfer in
lieu of foreclosure) if such action--
(A) recognizes any contractual or legal
rights of public agencies, nonprofit sponsors,
or others to take actions that would avoid
termination of low-income affordability in the
case of foreclosure or transfer in lieu of
foreclosure; and
(B) is not for the purpose of avoiding low-
income affordability restrictions, as
determined by the Secretary.
(b) Exception.--Notwithstanding subsection (a) of this
section, housing assisted pursuant to section 4131(b)(2) of
this title shall be considered affordable housing for purposes
of this chapter.
[(c) Applicability.--The provisions of paragraph (2) of
subsection (a) regarding binding commitments for the remaining
useful life of property shall not apply to a family or
household member who subsequently takes ownership of a
homeownership unit.]
(c) Applicability.--
(1) In general.--The provisions of subsection (a)(2)
regarding binding commitments for the remaining useful
life of property shall not apply to--
(A) a family or household member who
subsequently takes ownership of a homeownership
unit; or
(B) any improvement to a privately owned
homeownership unit if the aggregate value of
the improvement for the 5-year period following
completion of the improvement is less than
$10,000.
(d) Purchase.--In the case of rental housing that is made
available to a current rental tenant for conversion to a
homebuyer or lease-purchase unit, the current rental tenant may
purchase through a contract to purchase, lease-purchase
agreement, or any other sales agreement if the unit is made
available for occupancy by a family that is a low-income family
at the time of initial occupancy.
25 U.S.C. Sec. 4137 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4137. Lease requirements and tenant selection
(a) Leases.--Except to the extent otherwise provided by or
inconsistent with tribal law, in renting dwelling units in
affordable housing assisted with grant amounts provided under
this chapter, the owner or manager of the housing shall utilize
leases that--
(1) do not contain unreasonable terms and conditions;
(2) require the owner or manager to maintain the
housing in compliance with applicable housing codes and
quality standards;
(3) require the owner or manager to give adequate
written notice of termination of the lease, which shall
be the period of time required under State, tribal, or
local law;
(4) specify that, with respect to any notice of
eviction or termination, notwithstanding any State,
tribal, or local law, a resident shall be informed of
the opportunity, prior to any hearing or trial, to
examine any relevant documents, records, or regulations
directly related to the eviction or termination;
(5) require that the owner or manager may not
terminate the tenancy, during the term of the lease,
except for serious or repeated violation of the terms
or conditions of the lease, violation of applicable
Federal, State, tribal, or local law, or for other good
cause; and
(6) provide that the owner or manager may terminate
the tenancy of a resident for any activity, engaged in
by the resident, any member of the household of the
resident, or any guest or other person under the
control of the resident, that--
(A) threatens the health or safety of, or
right to peaceful enjoyment of the premises by,
other residents or employees of the owner or
manager of the housing;
(B) threatens the health or safety of, or
right to peaceful enjoyment of their premises
by, persons residing in the immediate vicinity
of the premises; or
(C) is criminal activity (including drug-
related criminal activity) on or off the
premises.
(b) Tenant and Homebuyer Selection.--The owner or manager
of affordable rental housing assisted with grant amounts
provided under this chapter shall adopt and utilize written
tenant and homebuyer selection policies and criteria that--
(1) are consistent with the purpose of providing
housing for low-income families;
(2) are reasonably related to program eligibility and
the ability of the applicant to perform the obligations
of the lease; and
(3) provide for--
(A) the selection of tenants and homebuyers
from a written waiting list in accordance with
the policies and goals set forth in the Indian
housing plan for the tribe that is the grant
beneficiary of such grant amounts; and
(B) the prompt notification in writing to any
rejected applicant of that rejection and the
grounds for that rejection.
(c) Notice of Termination.--The notice period described in
subsection (a)(3) shall apply to projects and programs funded
in part by amounts authorized under this Act.
25 U.S.C. Sec. 4145 et seq. (Native American Housing Assistance and
Self-Determination Act)
[Sec. 4145. Purpose
The purpose of this part is to establish a program for
self-determined housing activities for the tribal communities
to provide Indian tribes with the flexibility to use a portion
of the grant amounts under section 4111 of this title for the
Indian tribe in manners that are wholly self-determined by the
Indian tribe for housing activities involving construction,
acquisition, rehabilitation, or infrastructure relating to
housing activities or housing that will benefit the community
served by the Indian tribe.
[Sec. 4145a. Program authority
[(a) Definition of Qualifying Indian Tribe.--In this
section, the term ``qualifying Indian tribe'' means, with
respect to a fiscal year, an Indian tribe or tribally
designated housing entity--
[(1) to or on behalf of which a grant is made under
section 4111 of this title;
[(2) that has complied with the requirements of
section 4112(b)(6) of this title; and
[(3) that, during the preceding 3-fiscal-year period,
has no unresolved significant and material audit
findings or exceptions, as demonstrated in--
[(A) the annual audits of that period
completed under chapter 75 of title 31
(commonly known as the ``Single Audit Act'');
or
[(B) an independent financial audit prepared
in accordance with generally accepted auditing
principles.
[(b) Authority.--Under the program under this part, for
each of fiscal years 2009 through 2013, the recipient for each
qualifying Indian tribe may use the amounts specified in
subsection (c) in accordance with this part.
[(c) Amounts.--With respect to a fiscal year and a
recipient, the amounts referred to in subsection (b) are
amounts from any grant provided under section 4111 of this
title to the recipient for the fiscal year, as determined by
the recipient, but in no case exceeding the lesser of--
[(1) an amount equal to 20 percent of the total grant
amount for the recipient for that fiscal year; and
[(2) $2,000,000.
[Sec. 4145b. Use of amounts for housing activities
[(a) Eligible Housing Activities.--Any amounts made
available for use under this part by a recipient for an Indian
tribe shall be used only for housing activities, as selected at
the discretion of the recipient and described in the Indian
housing plan for the Indian tribe pursuant to section
4112(b)(6) of this title, for the construction, acquisition, or
rehabilitation of housing or infrastructure in accordance with
section 4132 of this title to provide a benefit to families
described in section 4131(b)(1) of this title.
[(b) Prohibition on Certain Activities.--Amounts made
available for use under this part may not be used for
commercial or economic development.
[Sec. 4145c. Inapplicability of other provisions.
[(a) In General.--Except as otherwise specifically provided
in this chapter, subchapter I, part A of subchapter II, and
subchapters III through VIII shall not apply to--
[(1) the program under this part; or
[(2) amounts made available in accordance with this
part.
[(b) Applicable Provisions.--The following provisions of
subchapters I through VIII shall apply to the program under
this part and amounts made available in accordance with this
part:
[(1) Section 4111(c) of this title (relating to local
cooperation agreements).
[(2) Subsections (d) and (e) of section 4111 of this
title (relating to tax exemption).
[(3) Section 4111(j) of this title (relating to
Federal supply sources).
[(4) Section 4111(k) of this title (relating to
tribal preference in employment and contracting).
[(5) Section 4112(b)(4) of this title (relating to
certification of compliance).
[(6) Section 4114 of this title (relating to
treatment of program income and labor standards).
[(7) Section 4115 of this title (relating to
environmental review).
[(8) Section 4131(b) of this title (relating to
eligible families).
[(9) Section 4133(c) of this title (relating to
insurance coverage).
[(10) Section 4133(g) of this title (relating to a de
minimis exemption for procurement of goods and
services).
[(11) Section 4136 of this title (relating to
treatment of funds).
[(12) Section 4139 of this title (relating to
noncompliance with affordable housing requirement).
[(13) Section 4161 of this title (relating to
remedies for noncompliance).
[(14) Section 4168 of this title (relating to public
availability of information).
[(15) Section 4211 of this title (relating to 50-year
leasehold interests in trust or restricted lands for
housing purposes).
[Sec. 4145d. Review and report
[(a) Review.--During calendar year 2011, the Secretary
shall conduct a review of the results achieved by the program
under this part to determine--
[(1) the housing constructed, acquired, or
rehabilitated under the program;
[(2) the effects of the housing described in
paragraph (1) on costs to low-income families of
affordable housing;
[(3) the effectiveness of each recipient in achieving
the results intended to be achieved, as described in
the Indian housing plan for the Indian tribe; and
[(4) the need for, and effectiveness of, extending
the duration of the program and increasing the amount
of grants under section 4111 of this title that may be
used under the program.
[(b) Report.--Not later than December 31, 2011, the
Secretary shall submit to Congress a report describing the
information obtained pursuant to the review under subsection
(a) (including any conclusions and recommendations of the
Secretary with respect to the program under this part),
including--
[(1) recommendations regarding extension of the
program for subsequent fiscal years and increasing the
amounts under section 4145a(c) of this title that may
be used under the program; and
[(2) recommendations for--
[(A)(i) specific Indian tribes or recipients
that should be prohibited from participating in
the program for failure to achieve results; and
[(ii) the period for which such a prohibition
should remain in effect; or
[(B) standards and procedures by which Indian
tribes or recipients may be prohibited from
participating in the program for failure to
achieve results.
[(c) Provision of Information to Secretary.--
Notwithstanding any other provision of this chapter, recipients
participating in the program under this part shall provide such
information to the Secretary as the Secretary may request, in
sufficient detail and in a timely manner sufficient to ensure
that the review and report required by this section is
accomplished in a timely manner.]
25 U.S.C. Sec. 4167 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4167. Reports to Congress
(a) In general.--Not later than 90 days after the
conclusion of each fiscal year in which assistance under this
chapter is made available, the Secretary shall submit to the
[Congress] Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives
a report that contains--
(1) a description of the progress made in
accomplishing the objectives of this chapter;
(2) a summary of the use of funds available under
this chapter during the preceding fiscal year; and
(3) a description of the aggregate outstanding loan
guarantees under subchapter VI of this chapter.
(b) Related Reports.--The Secretary may require recipients
of grant amounts under this chapter to submit to the Secretary
such reports and other information as may be necessary in order
for the Secretary to make the report required by subsection (a)
of this section.
(c) Public Availability.--The report described in
subsection (a) shall be made publicly available, including to
recipients.
42 U.S.C. Sec. 1437f(o)(19) United States Housing Act of 1937
Sec. 1437f(o)(19). Low-income housing assistance
(19) Rental vouchers for veterans affairs supported
housing program.--
(A) Set aside.--Subject to subparagraph
(C), the Secretary shall set aside, from
amounts made available for rental assistance
under this subsection, the amounts specified in
subparagraph (B) for use only for providing
such assistance through a supported housing
program administered in conjunction with the
Department of Veterans Affairs. Such program
shall provide rental assistance on behalf of
homeless veterans who have chronic mental
illnesses or chronic substance use disorders,
shall require agreement of the veteran to
continued treatment for such mental illness or
substance use disorder as a condition of
receipt of such rental assistance, and shall
ensure such treatment and appropriate case
management for each veteran receiving such
rental assistance.
(B) Amount.--The amount specified in this
subparagraph is--
(i) for fiscal year 2007, the amount
necessary to provide 500 vouchers for
rental assistance under this
subsection;
(ii) for fiscal year 2008, the amount
necessary to provide 1,000 vouchers for
rental assistance under this
subsection;
(iii) for fiscal year 2009, the
amount necessary to provide 1,500
vouchers for rental assistance under
this subsection;
(iv) for fiscal year 2010, the amount
necessary to provide 2,000 vouchers for
rental assistance under this
subsection; and
(v) for fiscal year 2011, the amount
necessary to provide 2,500 vouchers for
rental assistance under this
subsection.
(C) Funding through incremental assistance.--
In any fiscal year, to the extent that this
paragraph requires the Secretary to set aside
rental assistance amounts for use under this
paragraph in an amount that exceeds the amount
set aside in the preceding fiscal year, such
requirement shall be effective only to such
extent or in such amounts as are or have been
provided in appropriation Acts for such fiscal
year for incremental rental assistance under
this subsection.
(D) Indian veterans housing rental assistance
demonstration program.--
(i) Definitions.--In this
subparagraph:
(I) Indian.--The term
`Indian' has the meaning given
the term in section 4 of the
Indian Self-Determination and
Education Assistance Act (25
U.S.C. 450b).
(II) Indian lands.--The term
`Indian lands' has the meaning
given the term in section 3 of
the Native American Business
Development, Trade Promotion,
and Tourism Act of 2000 (25
U.S.C. 4302).
(III) Tribal organization.--
The term `tribal organization'
has the meaning given the term
in section 4 of the Indian
Self-Determination and
Education Assistance Act (25
U.S.C. 450b).
(ii) Authorization of program.--The
Secretary may use not more than 5
percent of the amounts made available
for rental assistance under this
subsection to carry out a rental
assistance and supportive housing
program, in conjunction with the
Secretary of Veterans Affairs, for the
benefit of Indian veterans who are
homeless or at risk of homelessness and
who are residing on or near Indian
lands.
(iii) Model.--The program described
in clause (ii) shall be modeled on the
rental assistance and supportive
housing program authorized under this
section and applicable appropriations
Acts, including administration in
conjunction with the Secretary of
Veterans Affairs, except that the
Secretary may make necessary and
appropriate modifications to facilitate
the use of the program by Indian grant
recipients to serve eligible Indian
veterans.
(iv) Eligible recipients.--Rental
assistance under clause (ii) shall be
made available to recipients eligible
to receive grants under section 101 of
the Native American Housing Assistance
and Self-Determination Act of 1996 (25
U.S.C. 4111).
(v) Funding criteria.--Rental
assistance under clause (ii) shall be
awarded based on--
(I) need;
(II) administrative capacity;
and
(III) any other funding
criteria established by the
Secretary in a notice published
in the Federal Register after
consulting with the Secretary
of Veterans Affairs.
(vi) Administration.--Rental
assistance made available under clause
(ii) shall be administered in
accordance with the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4101 et seq.), except that grantees
shall--
(I) submit to the Secretary,
in a manner prescribed by the
Secretary, reports on the use
of rental assistance provided
under the demonstration
program; and
(II) provide to the Secretary
information specified by the
Secretary to assess the
effectiveness of the
demonstration program in
serving eligible veterans.
(vii) Consultation.--The Secretary,
in coordination with the Secretary of
Veterans Affairs, shall consult with
recipients of grants under section 101
of the Native American Housing
Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4111) and any other
appropriate tribal organization on the
design of the demonstration program to
ensure the effective delivery of rental
assistance and supportive services to
persons eligible to receive assistance
under this subparagraph.
(viii) Waiver.--
(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for
any provision of law (including
regulations) that the Secretary
administers in connection with
the use of rental assistance
made available under this
subparagraph if the Secretary
finds that the waiver or
alternative requirement is
necessary for the effective
delivery and administration of
rental assistance made
available under this
subparagraph to Indian
veterans.
(II) Exception.--The
Secretary shall not waive or
specify alternative
requirements under subclause
(I) for any provision of law
(including regulations)
relating to labor standards or
the environment.
25 U.S.C. Sec. 4211 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4211. 50-year leasehold interest in trust or restricted lands for
housing purposes
(a) Authority To Lease.--Notwithstanding any other
provision of law, any trust or restricted Indian lands, whether
tribally or individually owned, may be leased by the Indian
owners, subject to the approval of the affected Indian tribe
and the Secretary of the Interior, for housing development and
residential purposes.
(b) Term.--Each lease pursuant to subsection (a) of this
section shall be for a term not exceeding 50 years.
(c) Rule of Construction.--This section may not be
construed to repeal, limit, or affect any authority to lease
any trust or restricted Indian lands that--
(1) is conferred by or pursuant to any other
provision of law in effect before, on, or after the
date of enactment of this section; or
(2) provides for leases for any period exceeding 50
years.
(d) Self-Implementation.--This section is intended to be
self-implementing and shall not require the issuance of any
rule, regulation, or order to take effect as provided in
section 705.
25 U.S.C. Sec. 4212 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4212. Training and technical assistance
There are authorized to be appropriated for assistance for
a national organization representing Native American housing
interests for providing training and technical assistance to
Indian housing authorities and tribally designated housing
entities such sums as may be necessary for each [of fiscal
years 2009 through 2013] fiscal year for which funds are
appropriated under section 108.
Public Law 104-330; 110 Stat. 4048 (Native American Housing Assistance
and Self-Determination Act)
Public Law 104-330; 110 Stat. 4048. Community-based development
organization.
A tribally designated housing entity shall qualify as a
community-based development organization for purposes of the
Indian Community Development Block Grant program authorized
under section 106(a) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5306(a)).
Public Law 110-411; 122 Stat. 4334 (Native American Housing Assistance
and Self-Determination Act)
[Public Law 110-411; 122 Stat. 4334. Limitation on use for Cherokee
Nation
[No funds authorized under this Act, or the amendments made
by this Act, or appropriated pursuant to an authorization under
this Act or such amendments, shall be expended for the benefit
of the Cherokee Nation; provided, that this limitation shall
not be effective if the Temporary Order and Temporary
Injunction issued on May 14, 2007, by the District Court of the
Cherokee Nation remains in effect during the pendency of
litigation or there is a settlement agreement which effects the
end of litigation among the adverse parties.]
25 U.S.C. Sec. 4243 (Native American Housing Assistance and Self-
Determination Act)
Sec. 4243. Authorization of appropriations
There are authorized to be appropriated to the Department
of Housing and Urban Development for grants under this
subchapter such sums as may be necessary for each of fiscal
years [2001, 2002, 2003, 2004, and 2005] 2014, 2015, 2016,
2017, and 2018.