Native American Housing Assistance and Self-Determination Reauthorization Act of 2014 - Title I: Block Grants and Grant Requirements - (Sec. 101) Amends the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) to require the Secretary of Housing and Urban Development (HUD) to act within 60 days upon a request by an Indian tribe for a waiver of certain local cooperation requirements and an exemption from taxation requirements under the program providing tribes with block grants for affordable and self-determined housing activities.
(Sec. 102) Requires the Secretary to recommend to Congress standards and procedures for: (1) the waiver of the requirement for an Indian tribe to submit Indian housing plans (IHPs); or (2) alternative IHP requirements, which may include multi-year housing plans. Requires recommendations to describe any legislative and regulatory changes necessary to implement them.
(Sec. 103) Requires the Secretary (who currently is merely authorized) to waive environmental review requirements if inadvertent error prevents satisfaction of such requirements and certain other conditions are met. Requires the Secretary to act within 60 days upon a request of an Indian tribe to waive such requirements.
Deems an Indian tribe that is receiving a block grant for an affordable housing project, and is using additional funding from other federal sources that does not exceed 49% of the total project cost, to have satisfied any environmental review requirements attached to those sources if the tribe has assumed environmental review, decisionmaking, and action responsibilities under NAHASDA and complied with its environmental review requirements.
(Sec. 104) Gives the Secretary 60 days to approve or deny a request to exceed the maximum total development cost for an affordable housing project.
Title II: Affordable Housing Activities - (Sec. 201) Makes low-income training and employment requirements under the Housing and Urban Development Act of 1968 inapplicable to tribal housing activities under the Act.
(Sec. 202) Makes maximum rent and homebuyer payment requirements for housing assisted under NAHASDA inapplicable if the grant recipient has a written policy that includes maximum rent and homebuyer payment requirements.
(Sec. 203) Treats rental housing as affordable housing if it is made available only to a current rental family for purchase as a homebuyer or lease-purchase unit and that family was a low-income family at the time of their initial occupancy of the unit.
Makes the requirement that housing assisted under NAHASDA remain affordable throughout the remaining life of the property inapplicable to improvements of a privately owned home if the cost of those improvements do not exceed 10% of the maximum total development cost for such home.
(Sec. 204) Requires the owner or manager of rental housing assisted under NAHASDA and one or more other federal funding sources to only use leases that require a pre-lease termination notice period.
(Sec. 205) Allows recipients of funding under NAHASDA to use funding from the Indian Health Service (IHS) of the Department of Health and Human Services (HHS) for the construction of sanitation facilities for housing construction and renovation projects funded under the Act.
Title III: Allocation of Grant Amounts - (Sec. 301) Reauthorizes appropriations for the block grant program through FY2018.
(Sec. 302) Sets forth notice requirements when an Indian tribe has undisbursed block grants under the Act. Directs the Secretary to require a justification from any block grant recipient whose total amount of undisbursed block grants in the HUD line of credit control system is more than three times the formula allocation the recipient would otherwise receive, if that formula amount is $5 million or more. Requires HUD to allocate to the recipient, in this case, the initially calculated amount minus the difference between the total undisbursed amount and three times the initial formula amount.
Requires the reallocation of those unused grants proportionately to all other Indian tribes not subject to such an adjustment.
Title IV: Audits and Reports - (Sec. 401) Requires the Secretary to issue a final report on an audit or review within 60 days of receiving comments from a grant recipient.
(Sec. 402) Requires the Secretary to make its annual report to Congress publicly available to recipients.
Title V: Other Housing Assistance For Native Americans - (Sec. 501) Amends the United States Housing Act of 1937 to require the Secretary to set aside certain funds to implement a supportive housing and rental assistance voucher program, in conjunction with the Department of Veterans Affairs (VA), for the benefit of Native American veterans who are homeless or at risk of homelessness.
Allows the Secretary to waive or specify alternative requirements for any requirement of any statute or regulation under such program as needed.
(Sec. 502) Amends the Housing and Community Development Act of 1992 to authorize the Secretary to guarantee Indian housing loans through FY2018. Authorizes appropriations for such guarantees. Sets the maximum aggregate outstanding principal amount for such loans.
Title VI: Miscellaneous - (Sec. 601) Amends the American Homeownership and Economic Opportunity Act of 2000 to repeal the requirement that sums be appropriated in advance before the Lands Title Report Commission is appointed.
(Sec. 602) Amends the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 to prohibit the use of funds under that Act for the benefit of the Cherokee Nation unless the Order issued on September 21, 2011, by the Federal District Court for the District of Columbia remains in effect or there is a settlement agreement which ends litigation among the adverse parties.
(Sec. 603) Amends NAHASDA to extend from 50 years to 99 years the limit on the lease of trust or Indian restricted lands for housing purposes.
Title VII: Demonstration Program For Alternative Privatization Authority For Native American Housing - (Sec. 701) Amends NAHASDA to establish a demonstration program that requires a participating Indian tribe to select an investor partner and, with that partner, to develop and implement a HUD-approved plan to address the tribe's housing needs. Requires each participating tribe to obtain assistance from a qualified entity in assessing its housing needs.
Bars the Secretary from approving more than 20 tribes for participation in the demonstration program.
Makes the block grant amounts that would otherwise have been allocated to a participating tribe under NAHASDA available under the demonstration program to: (1) provide investor partners or other investors with a full return on their investment in the tribe's housing needs, (2) cover a tribe's administrative costs, and (3) cover housing infrastructure costs associated with providing affordable housing for the tribe.
Permits a participating tribe, in accordance with the tribe's final plan, to resell any affordable housing developed with assistance under NAHASDA for use other than as affordable housing, but only if the tribe makes certain assurances with respect to those needs.
Title VIII: Housing for Native Hawaiians- (Sec 801) Amends the Act to reauthorize the block grant program for affordable housing for Native Hawaiians through FY2019.
(Sec. 802) Amends the Housing and Community Development Act of 1992 to authorize the Secretary to guarantee Native Hawaiian housing loans through FY2019. Authorizes appropriations to the Hawaiian Housing Loan Guarantee Fund for the costs of such guarantees. Sets the maximum aggregate outstanding principal amount of such loans for each fiscal year at $41.504 million.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4329 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4329
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2014
Mr. Pearce (for himself and Mr. Cole) introduced the following bill;
which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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. Indian housing plans.
Sec. 103. Environmental review.
Sec. 104. Failure to act 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. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Lease requirements and tenant selection.
Sec. 206. Tribal coordination of agency funding.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Authorization of appropriations.
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. 50-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 503. Training and technical assistance.
Sec. 504. 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. 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: ``If the Secretary fails to act on a waiver
request submitted under this subsection by a recipient within
60 days after receipt of such request, the waiver request shall
be deemed approved.'';
(2) in subsection (j), by striking ``section 501 of title
40,'' and inserting ``title 40 of the''; and
(3) in subsection (k), by striking ``1'' and inserting
``an''.
SEC. 102. INDIAN HOUSING PLANS.
Section 102(a) (25 U.S.C. 4112(a)) is amended by inserting after
and below paragraph (2) the following:
```The Secretary may grant a waiver of the submission requirements
under paragraph (1) upon meeting certain factors that shall be set out
by regulation, and provided further that a request for such waiver
shall be deemed approved if the Secretary does not act on such request
within 60 days of receipt.'''.
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:
``If the Secretary fails to act on a waiver request submitted under
this subsection by a recipient within 60 days after receipt of such
request, the waiver shall be deemed approved.''; 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 and the recipient's
tribe has assumed all of the responsibilities for environmental review,
decisionmaking, and action pursuant to this section, the recipient's
compliance with the National Environmental Policy Act of 1969 review
requirements under this section with regard to such project shall be
deemed to fully comply with and discharge any applicable environmental
review requirements that might apply to the use of such additional
Federal funding sources for that project.''.
SEC. 104. FAILURE TO ACT 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) Approval of 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 deemed to be approved if the Secretary fails to take
action on the request 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.
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. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Section 202(9)(A) (25 U.S.C. 4132(9)(A)) is amended--
(1) by striking ``only'';
(2) by striking ``administration and planning related to'';
and
(3) by inserting ``including administration and planning,''
after ``section,''.
SEC. 203. PROGRAM REQUIREMENTS.
Section 203 (25 U.S.C. 4133) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) 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.'';
(2) in subsection (c), by striking ``or assisted with'' and
inserting ``by a recipient''; and
(3) in subsection (e), by striking ``assisted with'' and
inserting ``units that are owned or operated by a recipient
using''.
SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Section 205 (25 U.S.C. 4135) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) 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
(B) in paragraph (2)--
(i) by striking ``satisfactory to the
Secretary'' and inserting ``in such forms as
the Secretary shall, by regulation, require'';
and
(ii) by striking ``Secretary)'' and
inserting ``recipient)''; 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. 205. 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. 206. TRIBAL COORDINATION OF AGENCY FUNDING.
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.''.
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''.
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) Failure to issue 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
0.1 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) Rulemaking.--The first negotiated
rulemaking committee established pursuant to
subchapter III of chapter 5 of title 5, United
States Code, for rulemaking relating to the
Native American Housing Assistance and Self-
Determination Act of 1996, or any amendments to
such Act, but that is not established to
consider matters relating to the allocation
formula under section 302 of such Act (25
U.S.C. 4152), shall review the requirements and
criteria for the supported housing and rental
assistance program under this subparagraph and
may report to the Secretary a proposed rule
revising such requirements and criteria.''.
SEC. 502. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting
``, whether enacted before, on, or after the date of the enactment of
this section'' after ``law,''.
SEC. 503. TRAINING AND TECHNICAL ASSISTANCE.
Section 703 (25 U.S.C. 4212) is amended--
(1) by striking ``There are authorized to be appropriated''
and inserting ``Of any amounts appropriated pursuant to section
108, the Secretary may use such sums as may be necessary for'';
and
(2) by striking ``such sums as may be necessary for each of
fiscal years 2009 through 2013''.
SEC. 504. 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 (5)--
(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 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) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
note) 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.
The Native American Housing and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.) is amended by adding at the end 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 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.
``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 XIII, 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.
``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;
and
``(2) will provide affordable housing in the future
sufficient to meet future affordable housing needs.
``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 random 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. REGULATIONS AND GUIDELINES.
``The Secretary shall issue such regulations as may be necessary to
carry out the demonstration program under this title.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 47 - 11.
Reported (Amended) by the Committee on Financial Services. H. Rept. 113-628.
Reported (Amended) by the Committee on Financial Services. H. Rept. 113-628.
Placed on the Union Calendar, Calendar No. 468.
Mr. Pearce moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8246-8254)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4329.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8246-8250)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8246-8250)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Indian Affairs.