[House Report 113-628]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-628
======================================================================
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2014
_______
November 20, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hensarling, from the Committee on Financial Services,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4329]
[Including cost estimate of the Congressional Budget Office]
The Committee on Financial Services, to whom was referred
the bill (H.R. 4329) to reauthorize the Native American Housing
Assistance and Self-Determination Act of 1996, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Reauthorization Act of
2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Recommendations regarding exceptions to annual Indian housing
plan requirement.
Sec. 103. Environmental review.
Sec. 104. Deadline for action on request for approval regarding
exceeding TDC maximum cost for project.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Program requirements.
Sec. 203. Homeownership or lease-to-own low-income requirement and
income targeting.
Sec. 204. Lease requirements and tenant selection.
Sec. 205. Tribal coordination of agency funding.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Authorization of appropriations.
Sec. 302. Effect of undisbursed block grant amounts on annual
allocations.
TITLE IV--AUDITS AND REPORTS
Sec. 401. Review and audit by Secretary.
Sec. 402. Reports to Congress.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 501. HUD-Veterans Affairs supportive housing program for Native
American veterans.
Sec. 502. Loan guarantees for Indian housing.
TITLE VI--MISCELLANEOUS
Sec. 601. Lands Title Report Commission.
Sec. 602. Limitation on use of funds for Cherokee Nation.
Sec. 603. Leasehold interest in trust or restricted lands for housing
purposes.
Sec. 604. Clerical amendment.
TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
Sec. 701. Demonstration program.
Sec. 702. Clerical amendments.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
Section 101 (25 U.S.C. 4111) is amended--
(1) in subsection (c), by adding after the period at the end
the following: ``The Secretary shall act upon a waiver request
submitted under this subsection by a recipient within 60 days
after receipt of such request.''; and
(2) in subsection (k), by striking ``1'' and inserting
``an''.
SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS TO ANNUAL INDIAN HOUSING
PLAN REQUIREMENT.
Not later than the expiration of the 120-day period beginning on the
date of the enactment of this Act and after consultation with Indian
tribes, tribally designated housing entities, and other interested
parties, the Secretary of Housing and Urban Development shall submit to
the Congress recommendations for standards and procedures for waiver
of, or alternative requirements (which may include multi-year housing
plans) for, the requirement under section 102(a) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
4112(a)) for annual submission of one-year housing plans for an Indian
tribe. Such recommendations shall include a description of any
legislative and regulatory changes necessary to implement such
recommendations.
SEC. 103. ENVIRONMENTAL REVIEW.
Section 105 (25 U.S.C. 4115) is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``may'' and inserting ``shall''; and
(B) by adding after and below paragraph (4) the
following:
``The Secretary shall act upon a waiver request submitted under this
subsection by a recipient within 60 days after receipt of such
request.''; and
(2) by adding at the end the following new subsection:
``(e) Consolidation of Environmental Review Requirements.--If a
recipient is using one or more sources of Federal funds in addition to
grant amounts under this Act in carrying out a project that qualifies
as an affordable housing activity under section 202, such other sources
of Federal funds do not exceed 49 percent of the total cost of the
project, and the recipient's tribe has assumed all of the
responsibilities for environmental review, decisionmaking, and action
pursuant to this section, the tribe's compliance with the review
requirements under this section and the National Environmental Policy
Act of 1969 with regard to such project shall be deemed to fully comply
with and discharge any applicable environmental review requirements
that might apply to Federal agencies with respect to the use of such
additional Federal funding sources for that project.''.
SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR APPROVAL REGARDING
EXCEEDING TDC MAXIMUM COST FOR PROJECT.
(a) Approval.--Section 103 (25 U.S.C. 4113) is amended by adding at
the end the following new subsection:
``(f) Deadline for Action on Request to Exceed TDC Maximum.--A
request for approval by the Secretary of Housing and Urban Development
to exceed by more than 10 percent the total development cost maximum
cost for a project shall be approved or denied during the 60-day period
that begins on the date that the Secretary receives the request.''.
(b) Definition.--Section 4 (25 U.S.C. 4103) is amended--
(1) by redesignating paragraph (22) as paragraph (23); and
(2) by inserting after paragraph (21) the following new
paragraph:
``(22) Total development cost.--The term `total development
cost' means, with respect to a housing project, the sum of all
costs for the project, including all undertakings necessary for
administration, planning, site acquisition, demolition,
construction or equipment and financing (including payment of
carrying charges), and for otherwise carrying out the
development of the project, excluding off-site water and sewer.
The total development cost amounts shall be based on a
moderately designed house and determined by averaging the
current construction costs as listed in not less than two
nationally recognized residential construction cost indices.''.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
The second paragraph (6) of section 201(b) (25 U.S.C. 4131(b)(6);
relating to exemption) is amended--
(1) by striking ``1964 and'' and inserting ``1964,''; and
(2) by inserting after ``1968'' the following: ``, and
section 3 of the Housing and Urban Development Act of 1968''.
SEC. 202. PROGRAM REQUIREMENTS.
Section 203(a) (25 U.S.C. 4133(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Application of tribal policies.--Paragraph (2) shall
not apply if the recipient has a written policy governing rents
and homebuyer payments charged for dwelling units and such
policy includes a provision governing maximum rents or
homebuyer payments.'';
SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND
INCOME TARGETING.
Section 205 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subparagraph:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to
a homebuyer or a lease-purchase unit, that the current
rental family can purchase through a contract of sale,
lease-purchase agreement, or any other sales agreement,
is made available for purchase only by the current
rental family, if the rental family was a low-income
family at the time of their initial occupancy of such
unit; and''; and
(2) in subsection (c), by adding after the period at the end
the following: ``The provisions of such paragraph regarding
binding commitments for the remaining useful life of the
property shall not apply to improvements of privately owned
homes if the cost of such improvements do not exceed 10 percent
of the maximum total development cost for such home.''.
SEC. 204. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 (25 U.S.C. 4137) is amended by adding at the end the
following new subsection:
``(c) Notice of Termination.--Notwithstanding any other provision of
law, the owner or manager of rental housing that is assisted in part
with amounts provided under this Act and in part with one or more other
sources of Federal funds shall only utilize leases that require a
notice period for the termination of the lease pursuant to subsection
(a)(3).''.
SEC. 205. TRIBAL COORDINATION OF AGENCY FUNDING.
(a) In General.--Subtitle A of title II (25 U.S.C. 4131 et seq.) is
amended by adding at the end the following new section:
``SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING.
``Notwithstanding any other provision of law, a recipient authorized
to receive funding under this Act may, in its discretion, use funding
from the Indian Health Service of the Department of Health and Human
Services for construction of sanitation facilities for housing
construction and renovation projects that are funded in part by funds
provided under this Act.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by inserting after the item relating to section 210 the
following new item:
``Sec. 211. Tribal coordination of agency funding.''.
TITLE III--ALLOCATION OF GRANT AMOUNTS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
The first sentence of section 108 (25 U.S.C. 4117) is amended by
striking ``such sums as may be necessary for each of fiscal years 2009
through 2013'' and inserting ``$650,000,000 for each of fiscal years
2014 through 2018''.
SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT AMOUNTS ON ANNUAL
ALLOCATIONS.
(a) In General.--Title III (25 U.S.C. 4151 et seq.) is amended by
adding at the end the following new section:
``SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS.
``(a) Notification of Obligated, Undisbursed Grant Amounts.--Subject
to subsection (d) of this section, if as of January 1 of 2015 or any
year thereafter a recipient's total amount of undisbursed block grants
in the Department's line of credit control system is greater than three
times the formula allocation such recipient would otherwise receive
under this Act for the fiscal year during which such January 1 occurs,
the Secretary shall--
``(1) before January 31 of such year, notify the Indian tribe
allocated the grant amounts and any tribally designated housing
entity for the tribe of the undisbursed funds; and
``(2) require the recipient for the tribe to, not later than
30 days after the Secretary provides notification pursuant to
paragraph (1)--
``(A) notify the Secretary in writing of the reasons
why the recipient has not requested the disbursement of
such amounts; and
``(B) demonstrate to the satisfaction of the
Secretary that the recipient has the capacity to spend
Federal funds in an effective manner, which
demonstration may include evidence of the timely
expenditure of amounts previously distributed under
this Act to the recipient.
``(b) Allocation Amount.--Notwithstanding sections 301 and 302, the
allocation for such fiscal year for a recipient described in subsection
(a) shall be the amount initially calculated according to the formula
minus the difference between the recipient's total amount of
undisbursed block grants in the Department's line of credit control
system on such January 1 and three times the initial formula amount for
such fiscal year.
``(c) Reallocation.--Notwithstanding any other provision of law, any
grant amounts not allocated to a recipient pursuant to subsection (b)
shall be allocated under the need component of the formula
proportionately amount all other Indian tribes not subject to such an
adjustment.
``(d) Inapplicability.--Subsections (a) and (b) shall not apply to an
Indian tribe with respect to any fiscal year for which the amount
allocated for the tribe for block grants under this Act is less than
$5,000,000.
``(e) Effectiveness.--This section shall not require the issuance of
any regulation to take effect and shall not be construed to confer
hearing rights under this or any other section of this Act.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by inserting after the item relating to section 302 the
following new item:
``Sec. 303. Effect of undisbursed grant amounts on annual
allocations.''.
TITLE IV--AUDITS AND REPORTS
SEC. 401. REVIEW AND AUDIT BY SECRETARY.
Section 405(c) (25 U.S.C. 4165(c)) is amended, by adding at the end
the following new paragraph:
``(3) Issuance of final report.--The Secretary shall issue a
final report within 60 days after receiving comments under
paragraph (1) from a recipient.''.
SEC. 402. REPORTS TO CONGRESS.
Section 407 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and inserting
``Committee on Financial Services and the Committee on Natural
Resources of the House of Representatives, to the Committee on
Indian Affairs and the Committee on Banking, Housing, and Urban
Affairs of the Senate, and to any subcommittees of such
committees having jurisdiction with respect to Native American
and Alaska Native affairs,''; and
(2) by adding at the end the following new subsection:
``(c) Public Availability to Recipients.--Each report submitted
pursuant to subsection (a) shall be made publicly available to
recipients.''.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR NATIVE
AMERICAN VETERANS.
Paragraph (19) of section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the
following new subparagraph:
``(D) Native american veterans.--
``(i) Authority.--Of the funds made available
for rental assistance under this subsection for
fiscal year 2015 and each fiscal year
thereafter, the Secretary shall set aside 5
percent for a supported housing and rental
assistance program modeled on the HUD-Veterans
Affairs Supportive Housing (HUD-VASH) program,
to be administered in conjunction with the
Department of Veterans Affairs, for the benefit
of homeless Native American veterans and
veterans at risk of homelessness.
``(ii) Recipients.--Such rental assistance
shall be made available to recipients eligible
to receive block grants under the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.).
``(iii) Funding criteria.--Funds shall be
awarded based on need, administrative capacity,
and any other funding criteria established by
the Secretary in a notice published in the
Federal Register, after consultation with the
Secretary of Veterans Affairs, by a date
sufficient to provide for implementation of the
program under this subparagraph in accordance
with clause (i).
``(iv) Program requirements.--Such funds
shall be administered by block grant recipients
in accordance with program requirements under
Native American Housing Assistance and Self-
Determination Act of 1996 in lieu of program
requirements under this Act.
``(v) Waiver.--The Secretary may waive, or
specify alternative requirements for any
provision of any statute or regulation that the
Secretary administers in connection with the
use of funds made available under this
subparagraph, but only upon a finding by the
Secretary that such waiver or alternative
requirement is necessary to promote
administrative efficiency, eliminate delay,
consolidate or eliminate duplicative or
ineffective requirements or criteria, or
otherwise provide for the effective delivery
and administration of such supportive housing
assistance to Native American veterans.
``(vi) Consultation.--The Secretary and the
Secretary of Veterans Affairs shall jointly
consult with block grant recipients and any
other appropriate tribal organizations to--
``(I) ensure that block grant
recipients administering funds made
available under the program under this
subparagraph are able to effectively
coordinate with providers of supportive
services provided in connection with
such program; and
``(II) ensure the effective delivery
of supportive services to Native
American veterans that are homeless or
at risk of homelessness eligible to
receive assistance under this
subparagraph.
Consultation pursuant to this clause shall be
completed by a date sufficient to provide for
implementation of the program under this
subparagraph in accordance with clause (i).
``(vii) Notice.--The Secretary shall
establish the requirements and criteria for the
supported housing and rental assistance program
under this subparagraph by notice published in
the Federal Register, but shall provide Indian
tribes and tribally designated housing agencies
an opportunity for comment and consultation
before publication of a final notice pursuant
to this clause.''.
SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING.
Section 184(i)(5) of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the period at the
end of the first sentence the following: ``There are authorized
to be appropriated for such costs $12,200,000 for each of
fiscal years 2014 through 2018.''; and
(2) in subparagraph (C)--
(A) by striking ``2008 through 2012'' and inserting
``2014 through 2018''; and
(B) by striking ``such amount as may be provided in
appropriation Acts for'' and inserting ``$976,000,000
for each''.
TITLE VI--MISCELLANEOUS
SEC. 601. LANDS TITLE REPORT COMMISSION.
Section 501 of the American Homeownership and Economic Opportunity
Act of 2000 (25 U.S.C. 4043 note) is amended--
(1) in subsection (a), by striking ``Subject to sums being
provided in advance in appropriations Acts, there'' and
inserting ``There''; and
(2) in subsection (b)(1) by striking ``this Act'' and
inserting ``the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2014''.
SEC. 602. LIMITATION ON USE OF FUNDS FOR CHEROKEE NATION.
Section 801 of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 (Public Law 110-411) is
amended by striking ``Temporary Order and Temporary Injunction issued
on May 14, 2007, by the District Court of the Cherokee Nation'' and
inserting ``Order issued September 21, 2011, by the Federal District
Court for the District of Columbia''.
SEC. 603. LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING
PURPOSES.
Section 702 (25 U.S.C. 4211) is amended--
(1) in subsection (c)(1), by inserting ``, whether enacted
before, on, or after the date of the enactment of this
section'' after ``law''; and
(2) by striking ``50 years'' each place such term appears and
inserting ``99 years''.
SEC. 604. CLERICAL AMENDMENT.
The table of contents in section 1(b) is amended by striking the item
relating to section 206 (treatment of funds).
TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
SEC. 701. DEMONSTRATION PROGRAM.
Add at the end of the Act the following new title:
``TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
``SEC. 901. AUTHORITY.
``(a) In General.--In addition to any other authority provided in
this Act for the construction, development, maintenance, and operation
of housing for Indian families, the Secretary shall provide the
participating tribes having final plans approved pursuant to section
905 with the authority to exercise the activities provided under this
title and such plan for the acquisition and development of housing to
meet the needs of tribal members.
``(b) Inapplicability of NAHASDA Provisions.--Except as specifically
provided otherwise in this title, titles I through IV, VI, and VII
shall not apply to a participating tribe's use of funds during any
period that the tribe is participating in the demonstration program
under this title.
``(c) Continued Applicability of Certain NAHASDA Provisions.--The
following provisions of titles I through VIII shall apply to the
demonstration program under this title and amounts made available under
the demonstration program under this title:
``(1) Subsections (d) and (e) of section 101 (relating to tax
exemption).
``(2) Section 101(j) (relating to Federal supply sources).
``(3) Section 101(k) (relating to tribal preference in
employment and contracting).
``(4) Section 104 (relating to treatment of program income
and labor standards).
``(5) Section 105 (relating to environmental review).
``(6) Section 201(b) (relating to eligible families), except
as otherwise provided in this title.
``(7) Section 203(g) (relating to a de minimis exemption for
procurement of goods and services).
``(8) Section 702 (relating to 99-year leasehold interests in
trust or restricted lands for housing purposes).
``SEC. 902. PARTICIPATING TRIBES.
``(a) Request To Participate.--To be eligible to participate in the
demonstration program under this title, an Indian tribe shall submit to
the Secretary a notice of intention to participate during the 60-day
period beginning on the date of the enactment of this title, in such
form and such manner as the Secretary shall provide.
``(b) Cooperative Agreement.--Upon approval under section 905 of the
final plan of an Indian tribe for participation in the demonstration
program under this title, the Secretary shall enter into a cooperative
agreement with the participating tribe that provides such tribe with
the authority to carry out activities under the demonstration program.
``(c) Limitation.--The Secretary may not approve more than 20 Indian
tribes for participation in the demonstration program under this title.
``SEC. 903. REQUEST FOR QUOTES AND SELECTION OF INVESTOR PARTNER.
``(a) Request for Quotes.--Not later than the expiration of the 180-
day period beginning upon notification to the Secretary by an Indian
tribe of intention to participate in the demonstration program under
this title, the Indian tribe shall--
``(1) obtain assistance from a qualified entity in assessing
the housing needs, including the affordable housing needs, of
the tribe; and
``(2) release a request for quotations from entities
interested in partnering with the tribe in designing and
carrying out housing activities sufficient to meet the tribe's
housing needs as identified pursuant to paragraph (1).
``(b) Selection of Investor Partner.--
``(1) In general.--Except as provided in paragraph (2), not
later than the expiration of the 18-month period beginning on
the date of the enactment of this title, an Indian tribe
requesting to participate in the demonstration program under
this title shall--
``(A) select an investor partner from among the
entities that have responded to the tribe's request for
quotations; and
``(B) together with such investor partner, establish
and submit to the Secretary a final plan that meets the
requirements under section 904.
``(2) Exceptions.--The Secretary may extend the period under
paragraph (1) for any tribe that--
``(A) has not received any satisfactory quotation in
response to its request released pursuant to subsection
(a)(2); or
``(B) has any other satisfactory reason, as
determined by the Secretary, for failure to select an
investor partner.
``SEC. 904. FINAL PLAN.
``A final plan under this section shall--
``(1) be developed by the participating tribe and the
investor partner for the tribe selected pursuant to section
903(b)(1)(A);
``(2) identify the qualified entity that assisted the tribe
in assessing the housing needs of the tribe;
``(3) set forth a detailed description of such projected
housing needs, including affordable housing needs, of the
tribe, which shall include--
``(A) a description of such need over the ensuing 24
months and thereafter until the expiration of the
ensuing 5-year period or until the affordable housing
need is met, whichever occurs sooner; and
``(B) the same information that would be required
under section 102 to be included in an Indian housing
plan for the tribe, as such requirements may be
modified by the Secretary to take consideration of the
requirements of the demonstration program under this
title;
``(4) provide for specific housing activities sufficient to
meet the tribe's housing needs, including affordable housing
needs, as identified pursuant to paragraph (3) within the
periods referred to such paragraph, which shall include--
``(A) development of affordable housing (as such term
is defined in section 4 of this Act (25 U.S.C. 4103));
``(B) development of conventional homes for rental,
lease-to-own, or sale, which may be combined with
affordable housing developed pursuant to subparagraph
(A);
``(C) development of housing infrastructure,
including housing infrastructure sufficient to serve
affordable housing developed under the plan; and
``(D) investments by the investor partner for the
tribe, the participating tribe, members of the
participating tribe, and financial institutions and
other outside investors necessary to provide financing
for the development of housing under the plan and for
mortgages for tribal members purchasing such housing;
``(5) provide that the participating tribe will agree to
provide long-term leases to tribal members sufficient for
lease-to-own arrangements for, and sale of, the housing
developed pursuant to paragraph (4);
``(6) provide that the participating tribe--
``(A) will be liable for delinquencies under mortgage
agreements for housing developed under the plan that
are financed under the plan and entered into by tribal
members; and
``(B) shall, upon foreclosure under such mortgages,
take possession of such housing and have the
responsibility for making such housing available to
other tribal members;
``(7) provide for sufficient protections, in the
determination of the Secretary, to ensure that the tribe and
the Federal Government are not liable for the acts of the
investor partner or of any contractors;
``(8) provide that the participating tribe shall have sole
final approval of design and location of housing developed
under the plan;
``(9) set forth specific deadlines and schedules for
activities to be undertaken under the plan and set forth the
responsibilities of the participating tribe and the investor
partner;
``(10) set forth specific terms and conditions of return on
investment by the investor partner and other investors under
the plan, and provide that the participating tribe shall pledge
grant amounts allocated for the tribe pursuant to title III for
such return on investment;
``(11) set forth the terms of a cooperative agreement on the
operation and management of the current assistance housing
stock and current housing stock for the tribe assisted under
the preceding titles of this Act;
``(12) set forth any plans for sale of affordable housing of
the participating tribe under section 907 and, if included,
plans sufficient to meet the requirements of section 907
regarding meeting future affordable housing needs of the tribe;
``(13) set forth terms for enforcement of the plan, including
an agreement regarding jurisdiction of any actions under or to
enforce the plan, including a waiver of immunity; and
``(14) include such other information as the participating
tribe and investor partner consider appropriate.
``SEC. 905. HUD REVIEW AND APPROVAL OF PLAN.
``(a) In General.--Not later than the expiration of the 90-day period
beginning upon a submission by an Indian tribe of a final plan under
section 904 to the Secretary, the Secretary shall--
``(1) review the plan and the process by which the tribe
solicited requests for quotations from investors and selected
the investor partner; and
``(2)(A) approve the plan, unless the Secretary determines
that--
``(i) the assessment of the tribe's housing needs by
the qualified entity, or as set forth in the plan
pursuant to section 904(3), is inaccurate or
insufficient;
``(ii) the process established by the tribe to
solicit requests for quotations and select an investor
partner was insufficient or negligent; or
``(iii) the plan is insufficient to meet the housing
needs of the tribe, as identified in the plan pursuant
to section 904(3);
``(B) approve the plan, on the condition that the
participating tribe and the investor make such revisions to the
plan as the Secretary may specify as appropriate to meet the
needs of the tribe for affordable housing; or
``(C) disapprove the plan, only if the Secretary determines
that the plan fails to meet the minimal housing standards and
requirements set forth in this Act and the Secretary notifies
the tribe of the elements requiring the disapproval.
``(b) Action Upon Disapproval.--
``(1) Re-submission of plan.--Subject to paragraph (2), in
the case of any disapproval of a final plan of an Indian tribe
pursuant to subsection (a)(3), the Secretary shall allow the
tribe a period of 180 days from notification to the tribe of
such disapproval to re-submit a revised plan for approval.
``(2) Limitation.--If the final plan for an Indian tribe is
disapproved twice and resubmitted twice pursuant to the
authority under paragraph (1) and, upon such second re-
submission of the plan the Secretary disapproves the plan, the
tribe may not re-submit the plan again and shall be ineligible
to participate in the demonstration program under this title.
``(c) Tribe Authority of Housing Design and Location.--The Secretary
may not disapprove a final plan under section 904, or condition
approval of such a plan, based on the design or location of any housing
to be developed or assisted under the plan.
``(d) Failure To Notify.--If the Secretary does not notify a
participating tribe submitting a final plan of approval, conditional
approval, or disapproval of the plan before the expiration of the
period referred to in paragraph (1), the plan shall be considered as
approved for all purposes of this title.
``SEC. 906. TREATMENT OF NAHASDA ALLOCATION.
``Amounts otherwise allocated for a participating tribe under title
III of this Act (25 U.S.C. 4151 et seq.) shall not be made available to
the tribe under titles I through VIII , but shall only be available for
the tribe, upon request by the tribe and approval by the Secretary, for
the following purposes:
``(1) Return on investment.--Such amounts as are pledged by a
participating tribe pursuant to section 904(10) for return on
the investment made by the investor partner or other investors
may be used by the Secretary to ensure such full return on
investment.
``(2) Administrative expenses.--The Secretary may provide to
a participating tribe, upon the request of a tribe, not more
than 10 percent of any annual allocation made under title III
for the tribe during such period for administrative costs of
the tribe in completing the processes to carry out sections 903
and 904.
``(3) Housing infrastructure costs.--A participating tribe
may use such amounts for housing infrastructure costs
associated with providing affordable housing for the tribe
under the final plan.
``(4) Maintenance; tenant services.--A participating tribe
may use such amounts for maintenance of affordable housing for
the tribe and for housing services, housing management
services, and crime prevention and safety activities described
in paragraphs (3), (4), and (5), respectively, of section 202.
``SEC. 907. RESALE OF AFFORDABLE HOUSING.
``Notwithstanding any other provision of this Act, a participating
tribe may, in accordance with the provisions of the final plan of the
tribe approved pursuant to section 905, resell any affordable housing
developed with assistance made available under this Act for use other
than as affordable housing, but only if the tribe provides such
assurances as the Secretary determines are appropriate to ensure that--
``(1) the tribe is meeting its need for affordable housing;
``(2) will provide affordable housing in the future
sufficient to meet future affordable housing needs; and
``(3) will use any proceeds only to meet such future
affordable housing needs or as provided in section 906.
``SEC. 908. REPORTS, AUDITS, AND COMPLIANCE.
``(a) Annual Reports by Tribe.--Each participating tribe shall submit
a report to the Secretary annually regarding the progress of the tribe
in complying with, and meeting the deadlines and schedules set forth
under the approved final plan for the tribe. Such reports shall contain
such information as the Secretary shall require.
``(b) Reports to Congress.--The Secretary shall submit a report to
the Congress annually describing the activities and progress of the
demonstration program under this title, which shall--
``(1) summarize the information in the reports submitted by
participating tribes pursuant to subsection (a);
``(2) identify the number of tribes that have selected an
investor partner pursuant to a request for quotations;
``(3) include, for each tribe applying for participating in
the demonstration program whose final plan was disapproved
under section 905(a)(2)(C), a detailed description and
explanation of the reasons for disapproval and all actions
taken by the tribe to eliminate the reasons for disapproval,
and identify whether the tribe has re-submitted a final plan;
``(4) identify, by participating tribe, any amounts requested
and approved for use under section 906; and
``(5) identify any participating tribes that have terminated
participation in the demonstration program and the
circumstances of such terminations.
``(c) Audits.--The Secretary shall provide for audits among
participating tribes to ensure that the final plans for such tribes are
being implemented and complied with. Such audits shall include on-site
visits with participating tribes and requests for documentation
appropriate to ensure such compliance.
``SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.
``(a) Termination of Participation.--A participating tribe may
terminate participation in the demonstration program under this title
at any time, subject to this section.
``(b) Effect on Existing Obligations.--
``(1) No automatic termination.--Termination by a
participating tribe in the demonstration program under this
section shall not terminate any obligations of the tribe under
agreements entered into under the demonstration program with
the investor partner for the tribe or any other investors or
contractors.
``(2) Authority to mutually terminate agreements.--Nothing in
this title may be construed to prevent a tribe that terminates
participation in the demonstration program under this section
and any party with which the tribe has entered into an
agreement from mutually agreeing to terminate such agreement.
``(c) Receipt of Remaining Grant Amounts.--The Secretary shall
provide for grants to be made in accordance with, and subject to the
requirements of, this Act for any amounts remaining after use pursuant
to section 906 from the allocation under title III for a participating
tribe that terminates participation in the demonstration program.
``(d) Costs and Obligations.--The Secretary shall not be liable for
any obligations or costs incurred by an Indian tribe during its
participation in the demonstration program under this title.
``SEC. 910. FINAL REPORT.
``Not later than the expiration of the 5-year period beginning on the
date of the enactment of this title, the Secretary shall submit a final
report to the Congress regarding the effectiveness of the demonstration
program, which shall include--
``(1) an assessment of the success, under the demonstration
program, of participating tribes in meeting their housing
needs, including affordable housing needs, on tribal land;
``(2) recommendations for any improvements in the
demonstration program; and
``(3) a determination of whether the demonstration should be
expanded into a permanent program available for Indian tribes
to opt into at any time and, if so, recommendations for such
expansion, including any legislative actions necessary to
expand the program.
``SEC. 911. DEFINITIONS.
``For purposes of this title, the following definitions shall apply:
``(1) Affordable housing.--The term `affordable housing' has
the meaning given such term in section 4 (25 U.S.C. 4103).
``(2) Housing infrastructure.--The term `housing
infrastructure' means basic facilities, services, systems, and
installations necessary or appropriate for the functioning of a
housing community, including facilities, services, systems, and
installations for water, sewage, power, communications, and
transportation.
``(3) Long-term lease.--The term `long-term lease' means an
agreement between a participating tribe and a tribal member
that authorizes the tribal member to occupy a specific plot of
tribal lands for 50 or more years and to request renewal of the
agreement at least once.
``(4) Participating tribes.--The term `participating tribe'
means an Indian tribe for which a final plan under section 904
for participation in the demonstration program under this title
has been approved by the Secretary under section 905.
``SEC. 912. NOTICE.
``The Secretary shall establish any requirements and criteria as may
be necessary to carry out the demonstration program under this title by
notice published in the Federal Register.''.
SEC. 702. CLERICAL AMENDMENTS.
The table of contents in section 1(b) is amended by inserting after
the item relating to section 705 the following:
``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
``Sec. 801. Definitions.
``Sec. 802. Block grants for affordable housing activities.
``Sec. 803. Housing plan.
``Sec. 804. Review of plans.
``Sec. 805. Treatment of program income and labor standards.
``Sec. 806. Environmental review.
``Sec. 807. Regulations.
``Sec. 808. Effective date.
``Sec. 809. Affordable housing activities.
``Sec. 810. Eligible affordable housing activities.
``Sec. 811. Program requirements.
``Sec. 812. Types of investments.
``Sec. 813. Low-income requirement and income targeting.
``Sec. 814. Lease requirements and tenant selection.
``Sec. 815. Repayment.
``Sec. 816. Annual allocation.
``Sec. 817. Allocation formula.
``Sec. 818. Remedies for noncompliance.
``Sec. 819. Monitoring of compliance.
``Sec. 820. Performance reports.
``Sec. 821. Review and audit by Secretary.
``Sec. 822. General Accounting Office audits.
``Sec. 823. Reports to Congress.
``Sec. 824. Authorization of appropriations.
``TITLE IX --DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
``Sec. 901. Authority.
``Sec. 902. Participating tribes.
``Sec. 903. Request for quotes and selection of investor partner.
``Sec. 904. Final plan.
``Sec. 905. HUD review and approval of plan.
``Sec. 906. Treatment of NAHASDA allocation.
``Sec. 907. Resale of affordable housing.
``Sec. 908. Reports, audits, and compliance.
``Sec. 909. Termination of tribal participation.
``Sec. 910. Final report.
``Sec. 911. Definitions.
``Sec. 912. Notice.''.
Purpose and Summary
H.R. 4329, the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2014, reauthorizes the
Native American Housing Assistance Self Determination Act of
1996 (NAHASDA) for five years through 2018 and amends the law
to address housing needs for Native American tribal
governments.
H.R. 4329 (1) strengthens vital taxpayer protections and
tribal accountability by providing the Secretary of Housing and
Urban Development (HUD) the authority to recoup unexpended
funds; (2) allows for tribes to pursue alternative funding
sources by encouraging private investment; and (3) provides
Native American tribal governments with greater efficiencies
when deploying NAHASDA funds.
H.R. 4329 seeks to modernize regulations or statutes that,
over time, were deemed ineffective, outdated or excessive. For
example, as noted in a March 2014 Government Accountability
Office (GAO) report entitled Native American Housing:
Additional Actions Needed to Better Support Tribal Efforts,\1\
when NAHASDA funds are combined with other federal funds on a
project, the NAHASDA regulations require the grant recipient to
follow each federal agency's separate requirements. H.R. 4329
consolidates the environmental review requirements on
affordable housing developments under a single environmental
review when NAHASDA funding is no less than 51 percent of the
total federal funding of the grant recipient. Moreover, the
bill requires the HUD Secretary to study and recommend to
Congress standards and procedures to streamline and simplify
the Indian Housing Plans (IHPs), an annual plan NAHASDA grant-
recipients are required to submit each year detailing their
goals and objectives to be met during the grant year.
---------------------------------------------------------------------------
\1\Government Accountability Office, ``Native American Housing:
Additional Actions Needed to Better Support Tribal Efforts'', A Report
to Congress (March 27, 2014), http://gao.gov/assets/670/662063.pdf
---------------------------------------------------------------------------
H.R. 4329 establishes a demonstration program for no more
than twenty (20) NAHASDA grant-recipients to seek private
investment and management when meeting their housing needs. The
Committee is encouraged by the increased access to capital
through financial institutions that has resulted from opening
access for tribes to Section 184 loan guarantees under the
Housing and Community Development Act of 1992. Access to
capital continues to be one of the greatest obstacles to
housing development on tribal lands, whether it be at the
individual level or project development level. The Committee
believes continuing to develop alternative sources of capital
for use in developing tribal lands is critical to meeting the
original intent of NAHASDA.
The demonstration program created by this title builds upon
the success of the Military Housing Privatization Initiative in
1996, which created a public-private partnership to meet
housing needs on military installations nationwide. Today, less
than 20 years after its inception, a majority of the housing on
military installations has been constructed or modified thanks
to this program. In hopes of emulating the success of the
military's housing program, H.R. 4329 provides for a public-
private partnership program that would allow tribes to address
housing shortages through large development projects. The
demonstration allows the tribes to use funds allocated under
NAHASDA as leverage and payment for the completion of these
projects in conjunction with private industry. While the
Committee believes in greater self-determination, it is also
committed to protecting taxpayers from fraud and abuse.
Accordingly, the demonstration program requires an oversight
review and approval of any development project created under
this Act. The legislation outlines safeguards to protect both
the tribes and private investors from fraud and abuse and to
ensure that minimum housing standards and requirements are met.
Moreover, each development will be required to define the
metrics that will assist in showing the successes and
weaknesses in the demonstration program. Five years after
enactment of this Act, HUD would be required to report to
Congress outlining the effectiveness of the demonstration and
make recommendations on how to leverage tribal resources for
private capital investment and participation.
As of September 30, 2014, there was $499,470,516 in
expended, unobligated NAHASDA funds, meaning these funds have
been disbursed by HUD to the tribes but not yet spent. The
Committee recognizes that housing development, like other forms
of capital development, can be a multi-year process and NAHASDA
recipients should be allowed a reasonable time in which to plan
for and expend their funding. However, the program's slow
spend-out rate raises questions as to whether some of the
tribes receiving NAHASDA funds have the capacity to deploy
these funds in a timely and efficient manner. The
Administration's FY2015 budget proposal requested statutory
changes to allow a one-time recoupment of those obligated
unexpended NAHASDA funds that exceed the total of three times
the recipient's annual grant. The House approved this proposal
on June 10, 2014, when passing the Fiscal Year 2015
Transportation, Housing and Urban Development Appropriations
Bill.\2\ H.R. 4329 would codify the Administration's proposal
as an annual recoupment process for those grant recipients who
receive more than $5 million annually and are provided an
opportunity to justify their strategy of leaving NAHASDA funds
unexpended for a long period of time.
---------------------------------------------------------------------------
\2\United States House of Representatives, H.R. 4745, 113th
Congress, passed June 10, 2014, https://www.congress.gov/113/bills/
hr4745/BILLS-113hr4745pcs.pdf
---------------------------------------------------------------------------
Background and Need for Legislation
NAHASDA is a federal grant and loan guarantee program that
provides affordable housing assistance to Native American
tribes. Tribes spend these funds to provide affordable housing
assistance for their low-income members living on or near
Native American tribal lands or areas. NAHASDA is administered
by HUD's Office of Native American Programs (ONAP). Congress
first authorized NAHASDA in 1996 to streamline the multiple
channels of housing assistance provided to Native Americans by
combining several federal housing assistance programs into two:
(1) the Indian Housing Block Grant (IHBG) program, which is a
formula-based grant program; and (2) the Title VI Tribal
Housing Activities Loan Guarantee Program, which guarantees
private loans to Indian tribes to develop affordable housing.
NAHASDA was first funded by Congress in 1998 and the annual
funding level for NAHASDA is approximately $650 million.
NAHASDA's authorization expired September 30, 2013, and the
program is currently receiving appropriations without
authorization.
NAHASDA is designed to advance the following statutory
objectives:
1. Assisting and promoting affordable housing
activities to develop, maintain, and operate affordable
housing in safe and healthy environments on Indian
reservations and in other Indian areas for occupancy by
low-income Indian families;
2. Ensuring better access to private mortgage markets
for Indian tribes and their members and promoting self-
sufficiency of Indian tribes and their members;
3. Coordinating activities to provide housing for
Indian tribes and their members with federal, state,
and local activities to further economic and community
development for Indian tribes and their members;
4. Planning for and integrating infrastructure
resources with housing development for Indian tribes;
and
5. Promoting the development of private capital
markets in Indian country for the benefit of Indian
communities.
Entities eligible to receive NAHASDA funds are federally
recognized Indian tribes, with the exception of five state-
recognized tribes that participated in federal housing programs
under the 1937 Housing Act. When HUD implemented NAHASDA, those
five tribes were grandfathered into the program. According to
the Bureau of Indian Affairs (BIA), a federally recognized
tribe is an American Indian or Alaska Native tribal entity that
has a government-to-government relationship with the United
States and is eligible for BIA funding and services. Tribes may
receive federal recognition (1) by an Act of Congress, (2) by
the BIA through administrative procedures, or (3) by the
decisions of a United States court. As of January 22, 2014,
there were 566 federally recognized tribes in the United
States.
Once tribes receive NAHASDA funds, they can use a range of
approaches to provide homeownership and rental assistance to
their tribal members. Tribes typically spend their NAHASDA
funds on homeownership units for purchase through new
construction, acquisition, or rehabilitation. Tribes also can
construct, acquire, or rehabilitate new affordable rental
housing for their tribal members, and tribes can provide
tenant-based rental assistance for their low-income members
(residents in these units pay up to 30 percent of their
adjusted income in rent). Tribes have the ability to leverage
NAHASDA funds by combining them with funds from other federal,
state, local and private sources to support eligible program
activities.
Families that are eligible to receive or benefit from
NAHASDA-funded assistance are low-income Indian families,
defined as Indian families residing on a reservation or in a
tribal service area whose income does not exceed 80 percent of
the area median income. Under specific and very limited
circumstances, families residing on a reservation or in a
tribal service area that are not Native American or low-income
also are eligible to receive NAHASDA-funded assistance.
Prior to NAHASDA, Native American tribes received
assistance for affordable housing under various federal
programs aimed at providing housing assistance to low-income
Native Americans. For example, tribes received housing
development and modernization grants, public housing operating
subsidies, and Section 8 rental assistance, which were
authorized in the 1937 Housing Act. By combining federal
housing assistance programs, NAHASDA sought to provide Native
American tribes greater self-determination and self-governance
by allowing them more authority over spending their federal
affordable housing funds. With the enactment of NAHASDA, Indian
tribes are no longer eligible to receive federal housing
assistance under the 1937 Housing Act.
Hearings
No hearings were held on H.R. 4329.
Committee Consideration
The Committee on Financial Services met in open session on
July 29-30, 2014, and ordered H.R. 4329 to be reported
favorably to the House with an amendment by a recorded vote of
47 yeas to 11 nays (Record vote no. FC-93), a quorum being
present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
1. A second-degree amendment offered by Ranking Minority
Member Waters (to the amendment in the nature of a substitute
offered by Mr. Pearce [the ``Pearce ANS'']) to prohibit
expenditure of any funds under NAHASDA for the benefit of the
Cherokee Nation of Oklahoma until it is in full compliance with
the Treaty of 1866 and fully recognizes all Cherokee Freedmen
and their descendants as citizens of the Cherokee Nation was
NOT AGREED TO by a recorded vote of 25 yeas to 32 nays [Record
vote no. FC-90].
RECORD VOTE NO. FC-90
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Hensarling................. ........ X ......... Ms. Waters....... X ........ .........
Mr. Bachus..................... ........ X ......... Mrs. Maloney (NY) X ........ .........
Mr. King (NY).................. ........ X ......... Ms. Velazquez.... X ........ .........
Mr. Royce...................... ........ X ......... Mr. Sherman...... X ........ .........
Mr. Lucas...................... ........ X ......... Mr. Meeks........ X ........ .........
Mr. Gary G. Miller (CA)........ ........ X ......... Mr. Capuano...... X ........ .........
Mrs. Capito.................... ........ X ......... Mr. Hinojosa..... X ........ .........
Mr. Garrett.................... ........ X ......... Mr. Clay......... ........ ........ .........
Mr. Neugebauer................. ........ X ......... Mrs. McCarthy X ........ .........
(NY).
Mr. McHenry.................... ........ X ......... Mr. Lynch........ X ........ .........
Mr. Campbell................... ........ X ......... Mr. David Scott X ........ .........
(GA).
Mrs. Bachmann.................. ........ X ......... Mr. Al Green (TX) X ........ .........
Mr. McCarthy (CA).............. ........ ........ ......... Mr. Cleaver...... ........ ........ .........
Mr. Pearce..................... ........ X ......... Ms. Moore........ X ........ .........
Mr. Posey...................... ........ X ......... Mr. Ellison...... X ........ .........
Mr. Fitzpatrick................ ........ X ......... Mr. Perlmutter... X ........ .........
Mr. Westmoreland............... ........ X ......... Mr. Himes........ X ........ .........
Mr. Luetkemeyer................ ........ X ......... Mr. Peters (MI).. X ........ .........
Mr. Huizenga (MI).............. ........ X ......... Mr. Carney....... X ........ .........
Mr. Duffy...................... ........ X ......... Ms. Sewell (AL).. X ........ .........
Mr. Hurt....................... ........ X ......... Mr. Foster....... X ........ .........
Mr. Stivers.................... ........ X ......... Mr. Kildee....... X ........ .........
Mr. Fincher.................... ........ X ......... Mr. Murphy (FL).. X ........ .........
Mr. Stutzman................... ........ X ......... Mr. Delaney...... X ........ .........
Mr. Mulvaney................... ........ X ......... Ms. Sinema....... X ........ .........
Mr. Hultgren................... ........ X ......... Mrs. Beatty...... X ........ .........
Mr. Ross....................... ........ X ......... Mr. Heck (WA).... X ........ .........
Mr. Pittenger.................. ........ X ......... Mr. Horsford..... ........ ........ .........
Mrs. Wagner.................... ........ X
Mr. Barr....................... ........ X
Mr. Cotton..................... ........ X
Mr. Rothfus.................... ........ X
Mr. Messer..................... ........ X
----------------------------------------------------------------------------------------------------------------
2. A second-degree amendment offered by Mr. Kildee to the
Pearce ANS to strike title VII (relating to demonstration
program for alternative privatization authority for Native
American housing) was NOT AGREED TO by a recorded vote of 25
yeas to 32 nays [Record vote no. FC-91].
RECORD VOTE NO. FC-91
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Hensarling................. ........ X ......... Ms. Waters....... X ........ .........
Mr. Bachus..................... ........ X ......... Mrs. Maloney (NY) X ........ .........
Mr. King (NY).................. ........ X ......... Ms. Velazquez.... X ........ .........
Mr. Royce...................... ........ X ......... Mr. Sherman...... X ........ .........
Mr. Lucas...................... ........ X ......... Mr. Meeks........ X ........ .........
Mr. Gary G. Miller (CA)........ ........ X ......... Mr. Capuano...... X ........ .........
Mrs. Capito.................... ........ X ......... Mr. Hinojosa..... X ........ .........
Mr. Garrett.................... ........ X ......... Mr. Clay......... ........ ........ .........
Mr. Neugebauer................. ........ X ......... Mrs. McCarthy X ........ .........
(NY).
Mr. McHenry.................... ........ X ......... Mr. Lynch........ X ........ .........
Mr. Campbell................... ........ X ......... Mr. David Scott X ........ .........
(GA).
Mrs. Bachmann.................. ........ X ......... Mr. Al Green (TX) X ........ .........
Mr. McCarthy (CA).............. ........ ........ ......... Mr. Cleaver...... ........ ........ .........
Mr. Pearce..................... ........ X ......... Ms. Moore........ X ........ .........
Mr. Posey...................... ........ X ......... Mr. Ellison...... X ........ .........
Mr. Fitzpatrick................ ........ X ......... Mr. Perlmutter... X ........ .........
Mr. Westmoreland............... ........ X ......... Mr. Himes........ X ........ .........
Mr. Luetkemeyer................ ........ X ......... Mr. Peters (MI).. X ........ .........
Mr. Huizenga (MI).............. ........ X ......... Mr. Carney....... X ........ .........
Mr. Duffy...................... ........ X ......... Ms. Sewell (AL).. X ........ .........
Mr. Hurt....................... ........ X ......... Mr. Foster....... X ........ .........
Mr. Stivers.................... ........ X ......... Mr. Kildee....... X ........ .........
Mr. Fincher.................... ........ X ......... Mr. Murphy (FL).. X ........ .........
Mr. Stutzman................... ........ X ......... Mr. Delaney...... X ........ .........
Mr. Mulvaney................... ........ X ......... Ms. Sinema....... X ........ .........
Mr. Hultgren................... ........ X ......... Mrs. Beatty...... X ........ .........
Mr. Ross....................... ........ X ......... Mr. Heck (WA).... X ........ .........
Mr. Pittenger.................. ........ X ......... Mr. Horsford..... ........ ........ .........
Mrs. Wagner.................... ........ X .........
Mr. Barr....................... ........ X .........
Mr. Cotton..................... ........ X .........
Mr. Rothfus.................... ........ X .........
Mr. Messer..................... ........ X .........
----------------------------------------------------------------------------------------------------------------
3. A second-degree amendment offered by Mr. Heck to the
Pearce ANS to strick the $650 million per annum authorization
limit for fiscal years 2014 through 2018 was NOT AGREED TO by a
recorded vote of 26 yeas to 32 nays [Record vote no. FC-92].
RECORD VOTE NO. FC-92
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Hensarling................. ........ X ......... Ms. Waters....... X ........ .........
Mr. Bachus..................... ........ X ......... Mrs. Maloney (NY) X ........ .........
Mr. King (NY).................. ........ X ......... Ms. Velazquez.... X ........ .........
Mr. Royce...................... ........ X ......... Mr. Sherman...... X ........ .........
Mr. Lucas...................... ........ X ......... Mr. Meeks........ X ........ .........
Mr. Gary G. Miller (CA)........ ........ X ......... Mr. Capuano...... X ........ .........
Mrs. Capito.................... ........ X ......... Mr. Hinojosa..... X ........ .........
Mr. Garrett.................... ........ X ......... Mr. Clay......... ........ ........ .........
Mr. Neugebauer................. ........ X ......... Mrs. McCarthy X ........ .........
(NY).
Mr. McHenry.................... ........ X ......... Mr. Lynch........ X ........ .........
Mr. Campbell................... ........ X ......... Mr. David Scott X ........ .........
(GA).
Mrs. Bachmann.................. ........ X ......... Mr. Al Green (TX) X ........ .........
Mr. McCarthy (CA).............. ........ ........ ......... Mr. Cleaver...... ........ ........ .........
Mr. Pearce..................... ........ X ......... Ms. Moore........ X ........ .........
Mr. Posey...................... ........ X ......... Mr. Ellison...... X ........ .........
Mr. Fitzpatrick................ ........ X ......... Mr. Perlmutter... X ........ .........
Mr. Westmoreland............... ........ X ......... Mr. Himes........ X ........ .........
Mr. Luetkemeyer................ ........ X ......... Mr. Peters (MI).. X ........ .........
Mr. Huizenga (MI).............. ........ X ......... Mr. Carney....... X ........ .........
Mr. Duffy...................... ........ X ......... Ms. Sewell (AL).. X ........ .........
Mr. Hurt....................... ........ X ......... Mr. Foster....... X ........ .........
Mr. Stivers.................... ........ X ......... Mr. Kildee....... X ........ .........
Mr. Fincher.................... ........ X ......... Mr. Murphy (FL).. X ........ .........
Mr. Stutzman................... ........ X ......... Mr. Delaney...... X ........ .........
Mr. Mulvaney................... ........ X ......... Ms. Sinema....... X ........ .........
Mr. Hultgren................... ........ X ......... Mrs. Beatty...... X ........ .........
Mr. Ross....................... ........ X ......... Mr. Heck (WA).... X ........ .........
Mr. Pittenger.................. ........ X ......... Mr. Horsford..... X ........ .........
Mrs. Wagner.................... ........ X .........
Mr. Barr....................... ........ X .........
Mr. Cotton..................... ........ X .........
Mr. Rothfus.................... ........ X .........
Mr. Messer..................... ........ X .........
----------------------------------------------------------------------------------------------------------------
4. A motion by Chairman Hensarling to report the bill, as
amended, to the House with a favorable recommendation was
agreed to by a record vote of 47 yeas and 11 nays (Record vote
no. FC-93).
RECORD VOTE NO. FC-93
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Hensarling................. X ........ ......... Ms. Waters....... ........ X .........
Mr. Bachus..................... X ........ ......... Mrs. Maloney (NY) X ........ .........
Mr. King (NY).................. X ........ ......... Ms. Velazquez.... ........ X .........
Mr. Royce...................... X ........ ......... Mr. Sherman...... X ........ .........
Mr. Lucas...................... X ........ ......... Mr. Meeks........ ........ X .........
Mr. Gary G. Miller (CA)........ X ........ ......... Mr. Capuano...... ........ X .........
Mrs. Capito.................... X ........ ......... Mr. Hinojosa..... ........ X .........
Mr. Garrett.................... X ........ ......... Mr. Clay......... ........ ........ .........
Mr. Neugebauer................. X ........ ......... Mrs. McCarthy X ........ .........
(NY).
Mr. McHenry.................... X ........ ......... Mr. Lynch........ X ........ .........
Mr. Campbell................... X ........ ......... Mr. David Scott ........ X .........
(GA).
Mrs. Bachmann.................. X ........ ......... Mr. Al Green (TX) ........ X .........
Mr. McCarthy (CA).............. ........ ........ ......... Mr. Cleaver...... ........ ........ .........
Mr. Pearce..................... X ........ ......... Ms. Moore........ X ........ .........
Mr. Posey...................... X ........ ......... Mr. Ellison...... ........ X .........
Mr. Fitzpatrick................ X ........ ......... Mr. Perlmutter... ........ X .........
Mr. Westmoreland............... X ........ ......... Mr. Himes........ ........ X .........
Mr. Luetkemeyer................ X ........ ......... Mr. Peters (MI).. X ........ .........
Mr. Huizenga (MI).............. X ........ ......... Mr. Carney....... X ........ .........
Mr. Duffy...................... X ........ ......... Ms. Sewell (AL).. X ........ .........
Mr. Hurt....................... X ........ ......... Mr. Foster....... ........ X .........
Mr. Stivers.................... X ........ ......... Mr. Kildee....... X ........ .........
Mr. Fincher.................... X ........ ......... Mr. Murphy (FL).. X ........ .........
Mr. Stutzman................... X ........ ......... Mr. Delaney...... X ........ .........
Mr. Mulvaney................... X ........ ......... Ms. Sinema....... X ........ .........
Mr. Hultgren................... X ........ ......... Mrs. Beatty...... X ........ .........
Mr. Ross....................... X ........ ......... Mr. Heck (WA).... X ........ .........
Mr. Pittenger.................. X ........ ......... Mr. Horsford..... X ........ .........
Mrs. Wagner.................... X ........ .........
Mr. Barr....................... X ........ .........
Mr. Cotton..................... X ........ .........
Mr. Rothfus.................... X ........ .........
Mr. Messer..................... X ........ .........
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held hearings and
made findings that are reflected in this report.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee states that H.R. 4329
will reauthorize NAHASDA through fiscal year 2018.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimates
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 17, 2014.
Hon. Jeb Hensarling,
Chairman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4329, the Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2014.
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.
H.R. 4329--Native American Housing Assistance and Self-Determination
Reauthorization Act of 2014
Summary: H.R. 4329 would reauthorize the Native American
Block Grant and loan guarantee programs through fiscal year
2018. In addition, the bill would authorize a new set-aside
program to provide rental assistance to Native American
veterans who are homeless or at risk of homelessness. CBO
estimates that implementing H.R. 4329 would cost about $2
billion over the 2015-2019 period, assuming 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.
H.R. 4329 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 H.R. 4329 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 H.R.
4329 would cost about $2 billion over the next five years,
assuming appropriation of the necessary funds. For this
estimate, CBO assumes that H.R. 4329 will be enacted early in
fiscal year 2015 and that appropriated funds will be spent at
historical rates for the affected programs.
----------------------------------------------------------------------------------------------------------------
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:
Authorization Level....................... 650 650 650 650 0 2,600
Estimated Outlays......................... 241 371 462 540 364 1,978
Loan Guarantees for Indian Housing:
Authorization Level....................... 12 12 12 12 0 49
Estimated Outlays......................... 12 12 12 12 0 49
Housing for Native American Veterans:
Estimated Authorization Level............. 4 4 4 4 4 20
Estimated Outlays......................... 3 4 4 4 4 19
Total Changes:
Estimated Authorization Level......... 666 666 666 666 4 2,669
Estimated Outlays..................... 256 387 478 556 368 2,046
----------------------------------------------------------------------------------------------------------------
Native American Housing Block Grants
Section 301 would authorize the appropriation of $650
million annually 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. CBO estimates that implementing this section would
cost nearly $2 billion over the 2015-2019 period.
Loan Guarantees for Indian housing
Section 502 would authorize the appropriation of $12.2
million annually through 2018 to guarantee loans to Native
American families and tribes to construct, acquire or
rehabilitate homes located on tribal land. In 2014, $6 million
was appropriated for these guarantees. CBO estimates that
implementing this section would cost $49 million over the 2015-
2019 period.
Supportive housing for Native American veterans
Section 501 would authorize a program to provide rental
assistance to Native American veterans who are homeless or at
risk of homelessness. Each year 5 percent of the funds made
available for the Veterans Affairs Supported Housing Program
(VASH) would be set aside for Native American veterans. 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: H.R. 4329
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: J'nell Blanco Suchy;
Impact on the private sector: Tristan Hanon.
Estimate approved by: Peter H. Fontaine; Assistant Director
for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of the section
102(b)(3) of the Congressional Accountability Act.
Earmark Identification
H.R. 4329 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Duplication of Federal Programs
Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013),
the Committee states that no provision of H.R. 4329 establishes
or reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013),
the Committee states that H.R. 4329 requires no directed
rulemaking.
Section-by-Section Analysis of the Legislation
Section 1. Short Title; Table of Contents. This section
states that the short title is the ``Native American Housing
Assistance and Self-Determination Reauthorization Act of
2014.''
Section 2. References. This section clarifies that all
amendments contained in this bill refer to the Native American
Housing Assistance and Self-Determination Act of 1996, unless
otherwise expressly provided.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Section 101: Block Grants. This section requires the HUD
Secretary to act on a Local Cooperation Agreement waiver
request within 60 days of its submission by a recipient of
funding under the Native American Housing Assistance and Self-
Determination Act (NAHASDA). Local Cooperation Agreements,
between the NAHASDA grant-recipient and local taxing body or
government, exempt NAHASDA-funded rental and lease-to-purchase
units from all real and personal taxes.
Section 102: Indian Housing Plans. This section requires
the HUD Secretary to study and recommend to Congress standards
and procedures to streamline and simplify Indian Housing Plans
(IHPs), including recommendations that establish procedures for
waiving the IHP or alternative reporting requirements, such as
submitting multi-year IHPs. The IHP is an annual plan NAHASDA
grant-recipients are required to submit each year detailing
their goals and objectives to be met during the grant year.
Section 103: Environmental Review. This section requires
the HUD Secretary to consolidate environmental review
requirements under a single environmental review when NAHASDA
funding is no less than 51 percent of the total federal funding
source for the affordable housing development and the HUD
Secretary determines the consolidation is not inconsistent with
the goals of the National Environmental Policy Act of 1969; and
requires the Secretary to act on environmental review waiver
submissions within 60 days of receipt.
Section 104: Failure to Act on Request for Approval
Regarding Exceeding TDC Maximum Costs for Project. This section
establishes a 60-day period in which HUD must act on a
recipient's request to exceed the 10 percent maximum of total
development cost; and provides a definition of total
development costs as it relates to acquiring or rehabilitating
affordable housing under NAHASDA.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Section 201: National Objectives and Eligible Families.
This section exempts NAHASDA recipients from section 3 of the
Housing and Urban Development Act of 1968, which requires
Public Housing and Tribal Authorities to prioritize hiring and
contracting with low-income individuals.
Section 202: Program Requirements. This section removes the
requirement in current law that rent charged for a unit equal
30 percent of the tenant's income in instances where the
NAHASDA recipient has a written policy governing rents or
homebuyer payments charged for housing units, and such policy
includes a provision governing maximum rents or homebuyer
payments.
Section 203: Homeownership or Lease-To-Own Low-Income
Requirement and Income Targeting. This section clarifies that
housing funded by NAHASDA meets the test for ``affordable''
housing if a family is, at the outset of tenancy, low-income,
as defined by the Act, and its income status subsequently
changes prior to the family converting its tenancy to
homeownership or lease-to-own status; and prohibits a NAHASDA
recipient from requiring a binding affordability commitment for
any privately owned home that receives property improvements
that do not exceed 10 percent of the total development costs
for such home.
Section 204: Lease Requirements and Tenant Selection. This
section clarifies that the owner or manager of NAHASDA-funded
rental housing shall only utilize leases that require a
specific notice period prior to the termination of the lease.
Section 205: Tribal Coordination of Agency Funding. This
section allows NAHASDA recipients to coordinate funding from
the Indian Health Service to construct sanitation facilities
for housing construction and renovation projects.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Section 301: Authorization of Appropriations. This section
authorizes $650 million in appropriations for each of fiscal
years 2014-2018 for the NAHASDA program.
Section 302: Effect of Undisbursed Block Grant Amounts On
Annual Allocations. This section authorizes the HUD Secretary
to recoup unexpended funds that exceed three times a yearly
allocation for a NAHASDA recipient, with such identified funds
reallocated to other eligible NAHASDA recipients; institutes a
process by which recipients exceeding the maximum amount of
funds have the ability to demonstrate due diligence to the
Secretary prior to recoupment; and applies only to those
NAHASDA recipients that receive an annual NAHASDA grant of more
than $5 million.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
Section 401: Review and Audit by Secretary. This section
directs the HUD Secretary to issue a final audit report on a
NAHASDA recipient within 60 days after the subject of the audit
has had an opportunity to review and comment on the report, as
provided by law.
Section 402: Reports to Congress. This section requires the
HUD Secretary to provide copies of HUD's statutorily required
annual report on progress made in accomplishing the objectives
of the Act, and a summary of the use of the Act's funds, to
each NAHASDA recipient and to Congress.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Section 501: HUD-Veterans Affairs Supportive Housing
Program for Native American Veterans. This section authorizes
HUD to create a rental assistance program for Native American
veterans modeled on the HUD-Veterans Affairs Supportive Housing
(HUD-VASH) program; and provides a 5 percent set aside from
within the VASH funds for the creation of this program.
Section 502: Loan Guarantees for Indian Housing. This
section authorizes $12.2 million in appropriations for each of
fiscal years 2014-2018 for the Loan Guarantees for Indian
Housing program (also known as the Section 184 program), which
will support a loan guarantee authority of $976 million.
TITLE VI--MISCELLANEOUS
Section 601: Lands Title Report Commission. This section
amends the American Homeownership and Economic Opportunity Act
of 2000 by eliminating the requirement that funds in advance of
appropriations be provided before the Indian Lands Title Report
Commission may become operational.
Section 602: Limitation on the use of Funds for Cherokee
Nation. This section updates current law to reflect legal
contingencies involving a membership dispute between the
Cherokee Nation and the Cherokee Freedmen at the U.S. District
Court.
Section 603: Leasehold Interest In Trust or Restricted
Lands For Housing Purposes. This section allows for 99-year
leases on tribal lands and grandfathers current leases into the
99-year requirement.
Section 604: Clerical Amendment. This section updates the
Table of Contents of the Native American Housing Assistance and
Self-Determination Act of 1996.
TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
Section 701: Demonstration Program. This section creates a
new Title IX, within NAHASDA, authorizing a demonstration
project on greater tribal self-determination and private
investment when meeting housing needs.
Sec. 901: Authority. This section provides
additional authority to tribes that participate in the
demonstration project and exempts participating tribes from
other unrelated provisions of NAHASDA.
Sec. 902: Participating Tribes. This section
limits the demonstration project to twenty tribes and sets
forth eligibility for the program, including a cooperative
agreement between the participating tribe and HUD.
Sec. 903: Request for Quotes and Selection of
Investor Partners. This section sets forth the process by which
the participating tribe must show due diligence in selection of
an investor group. Included in these steps is an assessment of
the housing needs on participating tribes' land.
Sec. 904: Final Plan. This section requires
participating tribes to provide HUD with a completed proposal
for construction of housing needs on tribal land, known as a
``Final Plan,'' and sets forth what must be included within
that plan, as well as the requirements that apply to the
investor partnering with the tribe.
Sec. 905: HUD Review and Approval of Plan. This
section sets forth the review and approval process HUD must
follow when communicating with participating tribes and
requires HUD to provide detailed information to tribes who have
had their Final Plans denied or altered.
Sec. 906: Treatment of NAHASDA Allocation. This
section prescribes that allocations made to tribes in the
demonstration project shall be reserved for use in housing
infrastructure, administrative expenses, and equity for private
investment.
Sec. 907: Resale of Affordable Housing. This
section authorizes participating tribes to resell any
affordable housing developed under this act, so long as the
tribe is meeting its affordable housing needs, and has the
ability to meet future affordable housing needs.
Sec. 908: Reports, Audits, and Compliance. This
section requires participating tribes and HUD to provide annual
reports on the progress of the demonstration project and sets
forth requirements for HUD audits of participating tribes.
Sec. 909: Termination of Tribal Participation.
This section allows tribes to withdraw from the demonstration
project at any time so long as they maintain any legal
agreements with investors that participated under the
demonstration project.
Sec. 910: Final Report. This section requires a
HUD report, five years after enactment, on whether the
demonstration project should be expanded into a permanent
program.
Sec. 911: Definitions. This section provides for
various definitions applicable to NAHASDA and this Act.
Sec. 912: Notice. This section requires the HUD
Secretary to carry out the demonstration project by notice
published in the Federal Register.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Subtitle A--General Block Grant Program
* * * * * * *
[Sec. 206. Treatment of funds.]
* * * * * * *
Sec. 211. Tribal coordination of agency funding.
* * * * * * *
TITLE III--ALLOCATION OF GRANT AMOUNTS
* * * * * * *
Sec. 303 Effect of undisbursed grant amounts on annual allocations.
* * * * * * *
TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
Sec. 801. Definitions.
Sec. 802. Block grants for affordable housing activities.
Sec. 803. Housing plan.
Sec. 804. Review of plans.
Sec. 805. Treatment of program income and labor standards.
Sec. 806. Environmental review.
Sec. 807. Regulations.
Sec. 808. Effective date.
Sec. 809. Affordable housing activities.
Sec. 810. Eligible affordable housing activities.
Sec. 811. Program requirements.
Sec. 812. Types of investments.
Sec. 813. Low-income requirement and income targeting.
Sec. 814. Lease requirements and tenant selection.
Sec. 815. Repayment.
Sec. 816. Annual allocation.
Sec. 817. Allocation formula.
Sec. 818. Remedies for noncompliance.
Sec. 819. Monitoring of compliance.
Sec. 820. Performance reports.
Sec. 821. Review and audit by Secretary.
Sec. 822. General Accounting Office audits.
Sec. 823. Reports to Congress.
Sec. 824. Authorization of appropriations.
TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION AUTHORITY
FOR NATIVE AMERICAN HOUSING
Sec. 901. Authority.
Sec. 902. Participating tribes.
Sec. 903. Request for quotes and selection of investor partner.
Sec. 904. Final plan.
Sec. 905. HUD review and approval of plan.
Sec. 906. Treatment of NAHASDA allocation.
Sec. 907. Resale of affordable housing.
Sec. 908. Reports, audits, and compliance.
Sec. 909. Termination of tribal participation.
Sec. 910. Final report.
Sec. 911. Definitions.
Sec. 912. Notice.
* * * * * * *
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall
apply:
(1) * * *
* * * * * * *
(22) Total development cost.--The term ``total
development cost'' means, with respect to a housing
project, the sum of all costs for the project,
including all undertakings necessary for
administration, planning, site acquisition, demolition,
construction or equipment and financing (including
payment of carrying charges), and for otherwise
carrying out the development of the project, excluding
off-site water and sewer. The total development cost
amounts shall be based on a moderately designed house
and determined by averaging the current construction
costs as listed in not less than two nationally
recognized residential construction cost indices.
[(22)] (23) Tribally designated housing entity.--The
terms ``tribally designated housing entity'' and
``housing entity'' have the following meaning:
(A) * * *
* * * * * * *
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
(a) * * *
* * * * * * *
(c) Local Cooperation Agreement.--Notwithstanding any other
provision of this Act, grant amounts provided under this Act on
behalf of an Indian tribe may not be used for rental or lease-
purchase homeownership units that are owned by the recipient
for the tribe unless the governing body of the locality within
which the property subject to the development activities to be
assisted with the grant amounts is or will be situated has
entered into an agreement with the recipient for the tribe
providing for local cooperation required by the Secretary
pursuant to this Act. The Secretary may waive the requirements
of this subsection and subsection (d) if the recipient has made
a good faith effort to fulfill the requirements of this
subsection and subsection (d) and agrees to make payments in
lieu of taxes to the appropriate taxing authority in an amount
consistent with the requirements of subsection (d)(2) until
such time as the matter of making such payments has been
resolved in accordance with subsection (d). The Secretary shall
act upon a waiver request submitted under this subsection by a
recipient within 60 days after receipt of such request.
* * * * * * *
(k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to any
grant (or portion of a grant) made on behalf of an Indian tribe
under this Act that is intended to benefit [1] an Indian tribe,
the tribal employment and contract preference laws (including
regulations and tribal ordinances ) adopted by the Indian tribe
that receives the benefit shall apply with respect to the
administration of the grant (or portion of a grant).
* * * * * * *
SEC. 103. REVIEW OF PLANS.
(a) * * *
* * * * * * *
(f) Deadline for Action on Request to Exceed TDC Maximum.--A
request for approval by the Secretary of Housing and Urban
Development to exceed by more than 10 percent the total
development cost maximum cost for a project shall be approved
or denied during the 60-day period that begins on the date that
the Secretary receives the request.
* * * * * * *
SEC. 105. ENVIRONMENTAL REVIEW.
(a) * * *
* * * * * * *
(d) Environmental Compliance.--The Secretary [may] shall
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) * * *
* * * * * * *
The Secretary shall act upon a waiver request submitted under
this subsection by a recipient within 60 days after receipt of
such request.
(e) Consolidation of Environmental Review Requirements.--If a
recipient is using one or more sources of Federal funds in
addition to grant amounts under this Act in carrying out a
project that qualifies as an affordable housing activity under
section 202, such other sources of Federal funds do not exceed
49 percent of the total cost of the project, and the
recipient's tribe has assumed all of the responsibilities for
environmental review, decisionmaking, and action pursuant to
this section, the tribe's compliance with the review
requirements under this section and the National Environmental
Policy Act of 1969 with regard to such project shall be deemed
to fully comply with and discharge any applicable environmental
review requirements that might apply to Federal agencies with
respect to the use of such additional Federal funding sources
for that project.
* * * * * * *
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under this
title [such sums as may be necessary for each of fiscal years
2009 through 2013] $650,000,000 for each of fiscal years 2014
through 2018. This section shall take effect on the date of the
enactment of this Act.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Subtitle A--General Block Grant Program
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
(a) * * *
(b) Eligible Families.--
(1) * * *
* * * * * * *
(6) Exemption.--Title VI of the Civil Rights Act of
[1964 and] 1964, title VIII of the Civil Rights Act of
1968, and section 3 of the Housing and Urban
Development Act of 1968 shall not apply to actions by
federally recognized tribes and the tribally designated
housing entities of those tribes under this Act.
* * * * * * *
SEC. 203. PROGRAM REQUIREMENTS.
(a) Rents.--
(1) Establishment.--Subject to [paragraph (2)]
paragraphs (2) and (3), each recipient shall develop
written policies governing rents and homebuyer payments
charged for dwelling units assisted under this Act,
including the methods by which such rents and homebuyer
payments are determined.
* * * * * * *
(3) Application of tribal policies.--Paragraph (2)
shall not apply if the recipient has a written policy
governing rents and homebuyer payments charged for
dwelling units and such policy includes a provision
governing maximum rents or homebuyer payments.
* * * * * * *
SEC. 205. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
(a) In General.--Housing shall qualify as affordable housing
for purposes of this Act only if--
(1) each dwelling unit in the housing--
(A) * * *
* * * * * * *
(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]
* * * * * * *
(E) notwithstanding any other provision of
this paragraph, in the case of rental housing
that is made available to a current rental
family for conversion to a homebuyer or a
lease-purchase unit, that the current rental
family can purchase through a contract of sale,
lease-purchase agreement, or any other sales
agreement, is made available for purchase only
by the current rental family, if the rental
family was a low-income family at the time of
their initial occupancy of such unit; and
* * * * * * *
(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. The provisions of such paragraph regarding
binding commitments for the remaining useful life of the
property shall not apply to improvements of privately owned
homes if the cost of such improvements do not exceed 10 percent
of the maximum total development cost for such home.
* * * * * * *
SEC. 207. LEASE REQUIREMENTS AND TENANT SELECTION.
(a) * * *
* * * * * * *
(c) Notice of Termination.--Notwithstanding any other
provision of law, the owner or manager of rental housing that
is assisted in part with amounts provided under this Act and in
part with one or more other sources of Federal funds shall only
utilize leases that require a notice period for the termination
of the lease pursuant to subsection (a)(3).
* * * * * * *
SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING.
Notwithstanding any other provision of law, a recipient
authorized to receive funding under this Act may, in its
discretion, use funding from the Indian Health Service of the
Department of Health and Human Services for construction of
sanitation facilities for housing construction and renovation
projects that are funded in part by funds provided under this
Act.
* * * * * * *
TITLE III--ALLOCATION OF GRANT AMOUNTS
* * * * * * *
SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS.
(a) Notification of Obligated, Undisbursed Grant Amounts.--
Subject to subsection (d) of this section, if as of January 1
of 2015 or any year thereafter a recipient's total amount of
undisbursed block grants in the Department's line of credit
control system is greater than three times the formula
allocation such recipient would otherwise receive under this
Act for the fiscal year during which such January 1 occurs, the
Secretary shall--
(1) before January 31 of such year, notify the Indian
tribe allocated the grant amounts and any tribally
designated housing entity for the tribe of the
undisbursed funds; and
(2) require the recipient for the tribe to, not later
than 30 days after the Secretary provides notification
pursuant to paragraph (1)--
(A) notify the Secretary in writing of the
reasons why the recipient has not requested the
disbursement of such amounts; and
(B) demonstrate to the satisfaction of the
Secretary that the recipient has the capacity
to spend Federal funds in an effective manner,
which demonstration may include evidence of the
timely expenditure of amounts previously
distributed under this Act to the recipient.
(b) Allocation Amount.--Notwithstanding sections 301 and 302,
the allocation for such fiscal year for a recipient described
in subsection (a) shall be the amount initially calculated
according to the formula minus the difference between the
recipient's total amount of undisbursed block grants in the
Department's line of credit control system on such January 1
and three times the initial formula amount for such fiscal
year.
(c) Reallocation.--Notwithstanding any other provision of
law, any grant amounts not allocated to a recipient pursuant to
subsection (b) shall be allocated under the need component of
the formula proportionately amount all other Indian tribes not
subject to such an adjustment.
(d) Inapplicability.--Subsections (a) and (b) shall not apply
to an Indian tribe with respect to any fiscal year for which
the amount allocated for the tribe for block grants under this
Act is less than $5,000,000.
(e) Effectiveness.--This section shall not require the
issuance of any regulation to take effect and shall not be
construed to confer hearing rights under this or any other
section of this Act.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
* * * * * * *
SEC. 405. REVIEW AND AUDIT BY SECRETARY.
(a) * * *
* * * * * * *
(c) Review of Reports.--
(1) * * *
* * * * * * *
(3) Issuance of final report.--The Secretary shall
issue a final report within 60 days after receiving
comments under paragraph (1) from a recipient.
* * * * * * *
SEC. 407. REPORTS TO CONGRESS.
(a) In General.--Not later than 90 days after the conclusion
of each fiscal year in which assistance under this Act is made
available, the Secretary shall submit to the [Congress]
Committee on Financial Services and the Committee on Natural
Resources of the House of Representatives, to the Committee on
Indian Affairs and the Committee on Banking, Housing, and Urban
Affairs of the Senate, and to any subcommittees of such
committees having jurisdiction with respect to Native American
and Alaska Native affairs, a report that contains--
(1) * * *
* * * * * * *
(c) Public Availability to Recipients.--Each report submitted
pursuant to subsection (a) shall be made publicly available to
recipients.
* * * * * * *
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
* * * * * * *
SEC. 702. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
(a) * * *
(b) Term.--Each lease pursuant to subsection (a) shall be for
a term not exceeding [50 years] 99 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, whether enacted before, on, or after
the date of the enactment of this section; or
(2) provides for leases for any period exceeding [50
years] 99 years.
* * * * * * *
TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION AUTHORITY
FOR NATIVE AMERICAN HOUSING
SEC. 901. AUTHORITY.
(a) in General.--In addition to any other authority provided
in this Act for the construction, development, maintenance, and
operation of housing for Indian families, the Secretary shall
provide the participating tribes having final plans approved
pursuant to section 905 with the authority to exercise the
activities provided under this title and such plan for the
acquisition and development of housing to meet the needs of
tribal members.
(b) Inapplicability of NAHASDA Provisions.--Except as
specifically provided otherwise in this title, titles I through
IV, VI, and VII shall not apply to a participating tribe's use
of funds during any period that the tribe is participating in
the demonstration program under this title.
(c) Continued Applicability of Certain NAHASDA Provisions.--
The following provisions of titles I through VIII shall apply
to the demonstration program under this title and amounts made
available under the demonstration program under this title:
(1) Subsections (d) and (e) of section 101 (relating
to tax exemption).
(2) Section 101(j) (relating to Federal supply
sources).
(3) Section 101(k) (relating to tribal preference in
employment and contracting).
(4) Section 104 (relating to treatment of program
income and labor standards).
(5) Section 105 (relating to environmental review).
(6) Section 201(b) (relating to eligible families),
except as otherwise provided in this title.
(7) Section 203(g) (relating to a de minimis
exemption for procurement of goods and services).
(8) Section 702 (relating to 99-year leasehold
interests in trust or restricted lands for housing
purposes).
SEC. 902. PARTICIPATING TRIBES.
(a) Request to Participate.--To be eligible to participate in
the demonstration program under this title, an Indian tribe
shall submit to the Secretary a notice of intention to
participate during the 60-day period beginning on the date of
the enactment of this title, in such form and such manner as
the Secretary shall provide.
(b) Cooperative Agreement.--Upon approval under section 905
of the final plan of an Indian tribe for participation in the
demonstration program under this title, the Secretary shall
enter into a cooperative agreement with the participating tribe
that provides such tribe with the authority to carry out
activities under the demonstration program.
(c) Limitation.--The Secretary may not approve more than 20
Indian tribes for participation in the demonstration program
under this title.
SEC. 903. REQUEST FOR QUOTES AND SELECTION OF INVESTOR PARTNER.
(a) Request for Quotes.--Not later than the expiration of the
180-day period beginning upon notification to the Secretary by
an Indian tribe of intention to participate in the
demonstration program under this title, the Indian tribe
shall--
(1) obtain assistance from a qualified entity in
assessing the housing needs, including the affordable
housing needs, of the tribe; and
(2) release a request for quotations from entities
interested in partnering with the tribe in designing
and carrying out housing activities sufficient to meet
the tribe's housing needs as identified pursuant to
paragraph (1).
(b) Selection of Investor Partner.--
(1) In general.--Except as provided in paragraph (2),
not later than the expiration of the 18-month period
beginning on the date of the enactment of this title,
an Indian tribe requesting to participate in the
demonstration program under this title shall--
(A) select an investor partner from among the
entities that have responded to the tribe's
request for quotations; and
(B) together with such investor partner,
establish and submit to the Secretary a final
plan that meets the requirements under section
904.
(2) Exceptions.--The Secretary may extend the period
under paragraph (1) for any tribe that--
(A) has not received any satisfactory
quotation in response to its request released
pursuant to subsection (a)(2); or
(B) has any other satisfactory reason, as
determined by the Secretary, for failure to
select an investor partner.
SEC. 904. FINAL PLAN.
A final plan under this section shall--
(1) be developed by the participating tribe and the
investor partner for the tribe selected pursuant to
section 903(b)(1)(A);
(2) identify the qualified entity that assisted the
tribe in assessing the housing needs of the tribe;
(3) set forth a detailed description of such
projected housing needs, including affordable housing
needs, of the tribe, which shall include--
(A) a description of such need over the
ensuing 24 months and thereafter until the
expiration of the ensuing 5-year period or
until the affordable housing need is met,
whichever occurs sooner; and
(B) the same information that would be
required under section 102 to be included in an
Indian housing plan for the tribe, as such
requirements may be modified by the Secretary
to take consideration of the requirements of
the demonstration program under this title;
(4) provide for specific housing activities
sufficient to meet the tribe's housing needs, including
affordable housing needs, as identified pursuant to
paragraph (3) within the periods referred to such
paragraph, which shall include--
(A) development of affordable housing (as
such term is defined in section 4 of this Act
(25 U.S.C. 4103));
(B) development of conventional homes for
rental, lease-to-own, or sale, which may be
combined with affordable housing developed
pursuant to subparagraph (A);
(C) development of housing infrastructure,
including housing infrastructure sufficient to
serve affordable housing developed under the
plan; and
(D) investments by the investor partner for
the tribe, the participating tribe, members of
the participating tribe, and financial
institutions and other outside investors
necessary to provide financing for the
development of housing under the plan and for
mortgages for tribal members purchasing such
housing;
(5) provide that the participating tribe will agree
to provide long-term leases to tribal members
sufficient for lease-to-own arrangements for, and sale
of, the housing developed pursuant to paragraph (4);
(6) provide that the participating tribe--
(A) will be liable for delinquencies under
mortgage agreements for housing developed under
the plan that are financed under the plan and
entered into by tribal members; and
(B) shall, upon foreclosure under such
mortgages, take possession of such housing and
have the responsibility for making such housing
available to other tribal members;
(7) provide for sufficient protections, in the
determination of the Secretary, to ensure that the
tribe and the Federal Government are not liable for the
acts of the investor partner or of any contractors;
(8) provide that the participating tribe shall have
sole final approval of design and location of housing
developed under the plan;
(9) set forth specific deadlines and schedules for
activities to be undertaken under the plan and set
forth the responsibilities of the participating tribe
and the investor partner;
(10) set forth specific terms and conditions of
return on investment by the investor partner and other
investors under the plan, and provide that the
participating tribe shall pledge grant amounts
allocated for the tribe pursuant to title III for such
return on investment;
(11) set forth the terms of a cooperative agreement
on the operation and management of the current
assistance housing stock and current housing stock for
the tribe assisted under the preceding titles of this
Act;
(12) set forth any plans for sale of affordable
housing of the participating tribe under section 907
and, if included, plans sufficient to meet the
requirements of section 907 regarding meeting future
affordable housing needs of the tribe;
(13) set forth terms for enforcement of the plan,
including an agreement regarding jurisdiction of any
actions under or to enforce the plan, including a
waiver of immunity; and
(14) include such other information as the
participating tribe and investor partner consider
appropriate.
SEC. 905. HUD REVIEW AND APPROVAL OF PLAN.
(a) in General.--Not later than the expiration of the 90-day
period beginning upon a submission by an Indian tribe of a
final plan under section 904 to the Secretary, the Secretary
shall--
(1) review the plan and the process by which the
tribe solicited requests for quotations from investors
and selected the investor partner; and
(2)(A) approve the plan, unless the Secretary
determines that--
(i) the assessment of the tribe's housing
needs by the qualified entity, or as set forth
in the plan pursuant to section 904(3), is
inaccurate or insufficient;
(ii) the process established by the tribe to
solicit requests for quotations and select an
investor partner was insufficient or negligent;
or
(iii) the plan is insufficient to meet the
housing needs of the tribe, as identified in
the plan pursuant to section 904(3);
(B) approve the plan, on the condition that the
participating tribe and the investor make such
revisions to the plan as the Secretary may specify as
appropriate to meet the needs of the tribe for
affordable housing; or
(C) disapprove the plan, only if the Secretary
determines that the plan fails to meet the minimal
housing standards and requirements set forth in this
Act and the Secretary notifies the tribe of the
elements requiring the disapproval.
(b) Action Upon Disapproval.--
(1) Re-submission of plan.--Subject to paragraph (2),
in the case of any disapproval of a final plan of an
Indian tribe pursuant to subsection (a)(3), the
Secretary shall allow the tribe a period of 180 days
from notification to the tribe of such disapproval to
re-submit a revised plan for approval.
(2) Limitation.--If the final plan for an Indian
tribe is disapproved twice and resubmitted twice
pursuant to the authority under paragraph (1) and, upon
such second re-submission of the plan the Secretary
disapproves the plan, the tribe may not re-submit the
plan again and shall be ineligible to participate in
the demonstration program under this title.
(c) Tribe Authority of Housing Design and Location.--The
Secretary may not disapprove a final plan under section 904, or
condition approval of such a plan, based on the design or
location of any housing to be developed or assisted under the
plan.
(d) Failure to Notify.--If the Secretary does not notify a
participating tribe submitting a final plan of approval,
conditional approval, or disapproval of the plan before the
expiration of the period referred to in paragraph (1), the plan
shall be considered as approved for all purposes of this title.
SEC. 906. TREATMENT OF NAHASDA ALLOCATION.
Amounts otherwise allocated for a participating tribe under
title III of this Act (25 U.S.C. 4151 et seq.) shall not be
made available to the tribe under titles I through VIII, but
shall only be available for the tribe, upon request by the
tribe and approval by the Secretary, for the following
purposes:
(1) Return on investment.--Such amounts as are
pledged by a participating tribe pursuant to section
904(10) for return on the investment made by the
investor partner or other investors may be used by the
Secretary to ensure such full return on investment.
(2) Administrative expenses.--The Secretary may
provide to a participating tribe, upon the request of a
tribe, not more than 10 percent of any annual
allocation made under title III for the tribe during
such period for administrative costs of the tribe in
completing the processes to carry out sections 903 and
904.
(3) Housing infrastructure costs.--A participating
tribe may use such amounts for housing infrastructure
costs associated with providing affordable housing for
the tribe under the final plan.
(4) Maintenance; tenant services.--A participating
tribe may use such amounts for maintenance of
affordable housing for the tribe and for housing
services, housing management services, and crime
prevention and safety activities described in
paragraphs (3), (4), and (5), respectively, of section
202.
SEC. 907. RESALE OF AFFORDABLE HOUSING.
Notwithstanding any other provision of this Act, a
participating tribe may, in accordance with the provisions of
the final plan of the tribe approved pursuant to section 905,
resell any affordable housing developed with assistance made
available under this Act for use other than as affordable
housing, but only if the tribe provides such assurances as the
Secretary determines are appropriate to ensure that--
(1) the tribe is meeting its need for affordable
housing;
(2) will provide affordable housing in the future
sufficient to meet future affordable housing needs; and
(3) will use any proceeds only to meet such future
affordable housing needs or as provided in section 906.
SEC. 908. REPORTS, AUDITS, AND COMPLIANCE.
(a) Annual Reports by Tribe.--Each participating tribe shall
submit a report to the Secretary annually regarding the
progress of the tribe in complying with, and meeting the
deadlines and schedules set forth under the approved final plan
for the tribe. Such reports shall contain such information as
the Secretary shall require.
(b) Reports to Congress.--The Secretary shall submit a report
to the Congress annually describing the activities and progress
of the demonstration program under this title, which shall--
(1) summarize the information in the reports
submitted by participating tribes pursuant to
subsection (a);
(2) identify the number of tribes that have selected
an investor partner pursuant to a request for
quotations;
(3) include, for each tribe applying for
participating in the demonstration program whose final
plan was disapproved under section 905(a)(2)(C), a
detailed description and explanation of the reasons for
disapproval and all actions taken by the tribe to
eliminate the reasons for disapproval, and identify
whether the tribe has re-submitted a final plan;
(4) identify, by participating tribe, any amounts
requested and approved for use under section 906; and
(5) identify any participating tribes that have
terminated participation in the demonstration program
and the circumstances of such terminations.
(c) Audits.--The Secretary shall provide for audits among
participating tribes to ensure that the final plans for such
tribes are being implemented and complied with. Such audits
shall include on-site visits with participating tribes and
requests for documentation appropriate to ensure such
compliance.
SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.
(a) Termination of Participation.--A participating tribe may
terminate participation in the demonstration program under this
title at any time, subject to this section.
(b) Effect on Existing Obligations.--
(1) No automatic termination.--Termination by a
participating tribe in the demonstration program under
this section shall not terminate any obligations of the
tribe under agreements entered into under the
demonstration program with the investor partner for the
tribe or any other investors or contractors.
(2) Authority to mutually terminate agreements.--
Nothing in this title may be construed to prevent a
tribe that terminates participation in the
demonstration program under this section and any party
with which the tribe has entered into an agreement from
mutually agreeing to terminate such agreement.
(c) Receipt of Remaining Grant Amounts.--The Secretary shall
provide for grants to be made in accordance with, and subject
to the requirements of, this Act for any amounts remaining
after use pursuant to section 906 from the allocation under
title III for a participating tribe that terminates
participation in the demonstration program.
(d) Costs and Obligations.--The Secretary shall not be liable
for any obligations or costs incurred by an Indian tribe during
its participation in the demonstration program under this
title.
SEC. 910. FINAL REPORT.
Not later than the expiration of the 5-year period beginning
on the date of the enactment of this title, the Secretary shall
submit a final report to the Congress regarding the
effectiveness of the demonstration program, which shall
include--
(1) an assessment of the success, under the
demonstration program, of participating tribes in
meeting their housing needs, including affordable
housing needs, on tribal land;
(2) recommendations for any improvements in the
demonstration program; and
(3) a determination of whether the demonstration
should be expanded into a permanent program available
for Indian tribes to opt into at any time and, if so,
recommendations for such expansion, including any
legislative actions necessary to expand the program.
SEC. 911. DEFINITIONS.
For purposes of this title, the following definitions shall
apply:
(1) Affordable housing.--The term ``affordable
housing'' has the meaning given such term in section 4
(25 U.S.C. 4103).
(2) Housing infrastructure.--The term ``housing
infrastructure'' means basic facilities, services,
systems, and installations necessary or appropriate for
the functioning of a housing community, including
facilities, services, systems, and installations for
water, sewage, power, communications, and
transportation.
(3) Long-term lease.--The term ``long-term lease''
means an agreement between a participating tribe and a
tribal member that authorizes the tribal member to
occupy a specific plot of tribal lands for 50 or more
years and to request renewal of the agreement at least
once.
(4) Participating tribes.--The term ``participating
tribe'' means an Indian tribe for which a final plan
under section 904 for participation in the
demonstration program under this title has been
approved by the Secretary under section 905.
SEC. 912. NOTICE.
The Secretary shall establish any requirements and criteria
as may be necessary to carry out the demonstration program
under this title by notice published in the Federal Register.
----------
UNITED STATES HOUSING ACT OF 1937
TITLE I--GENERAL PROGRAM OF ASSISTED HOUSING
* * * * * * *
lower income housing assistance
Sec. 8. (a) * * *
* * * * * * *
(o) Voucher Program.--
(1) * * *
* * * * * * *
(19) Rental vouchers for veterans affairs supported
housing program.--
(A) * * *
* * * * * * *
(D) Native american veterans.--
(i) Authority.--Of the funds made
available for rental assistance under
this subsection for fiscal year 2015
and each fiscal year thereafter, the
Secretary shall set aside 5 percent for
a supported housing and rental
assistance program modeled on the HUD-
Veterans Affairs Supportive Housing
(HUD-VASH) program, to be administered
in conjunction with the Department of
Veterans Affairs, for the benefit of
homeless Native American veterans and
veterans at risk of homelessness.
(ii) Recipients.--Such rental
assistance shall be made available to
recipients eligible to receive block
grants under the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4101 et seq.).
(iii) Funding criteria.--Funds shall
be awarded based on need,
administrative capacity, and any other
funding criteria established by the
Secretary in a notice published in the
Federal Register, after consultation
with the Secretary of Veterans Affairs,
by a date sufficient to provide for
implementation of the program under
this subparagraph in accordance with
clause (i).
(iv) Program requirements.--Such
funds shall be administered by block
grant recipients in accordance with
program requirements under Native
American Housing Assistance and Self-
Determination Act of 1996 in lieu of
program requirements under this Act.
(v) Waiver.--The Secretary may waive,
or specify alternative requirements for
any provision of any statute or
regulation that the Secretary
administers in connection with the use
of funds made available under this
subparagraph, but only upon a finding
by the Secretary that such waiver or
alternative requirement is necessary to
promote administrative efficiency,
eliminate delay, consolidate or
eliminate duplicative or ineffective
requirements or criteria, or otherwise
provide for the effective delivery and
administration of such supportive
housing assistance to Native American
veterans.
(vi) Consultation.--The Secretary and
the Secretary of Veterans Affairs shall
jointly consult with block grant
recipients and any other appropriate
tribal organizations to--
(I) ensure that block grant
recipients administering funds
made available under the
program under this subparagraph
are able to effectively
coordinate with providers of
supportive services provided in
connection with such program;
and
(II) ensure the effective
delivery of supportive services
to Native American veterans
that are homeless or at risk of
homelessness eligible to
receive assistance under this
subparagraph.
Consultation pursuant to this clause
shall be completed by a date sufficient
to provide for implementation of the
program under this subparagraph in
accordance with clause (i).
(vii) Notice.--The Secretary shall
establish the requirements and criteria
for the supported housing and rental
assistance program under this
subparagraph by notice published in the
Federal Register, but shall provide
Indian tribes and tribally designated
housing agencies an opportunity for
comment and consultation before
publication of a final notice pursuant
to this clause.
* * * * * * *
----------
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1992
* * * * * * *
TITLE I--HOUSING ASSISTANCE
* * * * * * *
Subtitle E--Homeownership Programs
* * * * * * *
SEC. 184. LOAN GUARANTEES FOR INDIAN HOUSING.
(a) * * *
* * * * * * *
(i) Indian Housing Loan Guarantee Fund.--
(1) * * *
* * * * * * *
(5) Limitation on commitments to guarantee loans and
mortgages.--
(A) * * *
(B) Limitations on costs of guarantees.--The
authority of the Secretary to enter into
commitments to guarantee loans under this
section shall be effective for any fiscal year
only to the extent that amounts in the
Guarantee Fund are or have been made available
in appropriation Acts to cover the costs (as
such term is defined in section 502 of the
Congressional Budget Act of 1974) of such loan
guarantees for such fiscal year. There are
authorized to be appropriated for such costs
$12,200,000 for each of fiscal years 2014
through 2018. Any amounts appropriated pursuant
to this subparagraph shall remain available
until expended.
(C) Limitation on outstanding aggregate
principal amount.--Subject to the limitations
in subparagraphs (A) and (B), the Secretary may
enter into commitments to guarantee loans under
this section in each of fiscal years [2008
through 2012] 2014 through 2018 with an
aggregate outstanding principal amount not
exceeding [such amount as may be provided in
appropriation Acts for] $976,000,000 for each
such fiscal year.
* * * * * * *
----------
AMERICAN HOMEOWNERSHIP AND ECONOMIC OPPORTUNITY ACT OF 2000
* * * * * * *
SEC. 501. LANDS TITLE REPORT COMMISSION.
(a) Establishment.--[Subject to sums being provided in
advance in appropriations Acts, there] There is established a
Commission to be known as the Lands Title Report Commission
(hereafter in this section referred to as the ``Commission'')
to facilitate home loan mortgages on Indian trust lands. The
Commission will be subject to oversight by the Committee on
Banking and Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(b) Membership.--
(1) Appointment.--The Commission shall be composed of
12 members, appointed not later than 90 days after the
date of the enactment of [this Act] the Native American
Housing Assistance and Self-Determination
Reauthorization Act of 2014 as follows:
(A) * * *
* * * * * * *
----------
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2008
* * * * * * *
TITLE VIII--MISCELLANEOUS
SEC. 801. 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] Order issued September 21, 2011, by the
Federal District Court for the District of Columbia remains in
effect during the pendency of litigation or there is a
settlement agreement which effects the end of litigation among
the adverse parties.
* * * * * * *
MINORITY VIEWS
H.R. 4329, THE ``NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
DETERMINATION ACT (NAHASDA)''
The Native American Housing Assistance and Self-
Determination Act (NAHASDA) provides critical funding for
tribal residents that are in need of safe and affordable
housing. However, this reauthorization bill includes several
changes to NAHASDA that are harmful to program recipients. In
particular, H.R. 4329 would do away with the 30 percent maximum
rent requirement, would fail to ensure that Cherokee Freedmen
and Native Hawaiians remain beneficiaries of the Act, and would
create a questionable new demonstration program.
The 30 percent maximum rent requirement, or the ``Brooke
rule'', is a longstanding federal housing policy that limits a
tenant's rent to 30 percent of their gross adjusted income,
which is widely considered the benchmark for housing
affordability. The Brooke rule was enacted in 1969, and has
been a requirement of NAHASDA since its inception. H.R. 4329
would waive the Brooke rule for recipients of NAHASDA without
any limitations or hardship exemptions, which could have
devastating impacts on children, families, and seniors.
H.R. 4329 would further fail to ensure that the Cherokee
Freedmen remain beneficiaries of NAHASDA. The Cherokee Freedmen
are the descendants of former African-American slaves of the
Cherokees. In 1866, the Cherokee Nation signed a treaty with
the U.S. granting the Freedmen ``all the rights of Native
Cherokees.'' However, for over a decade, the Cherokee Nation
has been attempting to expel the Freedmen from its citizenry,
which would leave the Freedmen without fundamental rights such
as the right to vote, and without access to critical services
including health care and housing. This issue is currently
being litigated in federal court. If the case is decided
against the Freedmen, H.R. 4329 would do nothing to protect
them. The Freedmen would be stripped of their Cherokee
citizenship and any benefits of NAHASDA. NAHASDA funding to the
Cherokee Nation should be contingent upon the tribe's full
compliance with the 1866 treaty, and full recognition of the
Freedmen as Cherokee citizens.
This reauthorization bill would also exclude Native
Hawaiians, who have been beneficiaries of NAHASDA since 2000.
H.R. 4329 fails to reauthorize the Native Hawaiian programs
despite the dire housing needs among the Native Hawaiian
population.
Finally, H.R. 4329 would create a new demonstration program
that moves towards the privatization and deregulation of
NAHASDA. The demonstration would allow participating tribes to
use their block grant funds to guarantee a return on private
investment into affordable housing activities. Tribes that
choose to participate in this demonstration would be exempted
from a long list of NAHASDA requirements, including critical
tenant protection provisions. The demonstration lacks any sort
of hardship exemptions for affected tenants and rigorous third
party evaluation. NAHASDA funding should be prioritized to
house families most in need, not to guarantee profit to private
investors.
During consideration of H.R. 4329, Democrats offered
several amendments to address the issues outlined above, but
they were each rejected by the Republicans. Ranking Member
Waters offered two amendments, one to strike the provision in
the bill regarding the Brooke rule, and one to make funding to
the Cherokee Nation contingent upon their full compliance with
the Treaty of 1866, and full recognition of the Freedmen as
Cherokee citizens. Representative Moore offered an amendment
that would reauthorize the Native Hawaiian programs. Lastly,
Representative Kildee offered an amendment to strike the
demonstration program from the bill. Each of these amendments
was rejected on a party-line vote.
While Democrats fully support reauthorization of NAHASDA,
we remain disappointed that H.R. 4329, in its current form,
fails to address these critical concerns. Moving forward, we
urge the House to allow for an amendment process that will
allow for meaningful consideration of these issues.
Maxine Waters.
Ruben Hinojosa.
Al Green.
Daniel T. Kildee.
David Scott.
Gwen Moore.
Michael E. Capuano.
Keith Ellison.
Gary C. Peters.
Joyce Beatty.
Wm. Lacy Clay.
Denny Heck.