Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 - Title I: Block Grants and Grant Requirements - (Sec. 101) Amends the Native American Housing Assistance and Self-Determination Act of 1996 (Act) to allow Indian housing block grant recipients to use income that is realized from program income without restriction.
Applies tribal prevailing wage laws to the administration of all federal funding for projects funded in part under that Act.
(Sec. 102) Deems compliance with the environmental review requirements of the Indian housing block grant projects to satisfy any other federal environmental review requirements imposed on agencies involved in the projects.
(Sec. 103) Reauthorizes appropriations for the block grants through FY2018.
Title II: Affordable Housing Activities - (Sec. 201) Makes an exception to the requirement that housing assisted under the Act remain affordable for the useful life of the property if: (1) a family or household member subsequently takes over ownership of a unit, or (2) an improvement is made to a privately owned unit and the aggregate value of that improvement for the five-year period following its completion is less than $10,000.
Allows rental housing made available to a current tenant for conversion to a homebuyer or lease-purchase unit to be purchased by the tenant if that tenant was a low-income family at the time of initial occupancy.
(Sec. 202) Applies lease termination notification requirements to any project or program funded in part under the Act.
(Sec. 203) Repeals a program allowing Indian tribes to use a portion of the block grants for housing activities wholly self-determined by the Indian tribe.
(Sec. 204) Prohibits affordable housing that is developed, acquired, or assisted under the block grant program from exceeding by more than 20% the total development cost maximum cost for all housing assisted under an affordable housing activity, without the approval of the Secretary of Housing and Urban Development (HUD).
Title III: Compliance, Audits, and Reports - (Sec. 301) Requires the Secretary's annual report to Congress on the activities carried out under the Act to be submitted to the Senate Committee on Indian Affairs, Senate Committee on Banking, Housing and Urban Affairs, and House Committee on Financial Services.
Requires that report to be made available to the public.
Title IV: Other Housing Assistance for Native Americans - (Sec. 401) Amends the United States Housing Act of 1937 to authorize the Secretary to implement a rental assistance and supportive housing demonstration program, in conjunction with the Secretary of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. ("Indian areas" are defined as those areas within which an Indian tribe or a tribally designated housing entity provides affordable housing assistance under this Act.)
Authorizes the Secretary, in carrying out the demonstration program, to waive or establish alternative requirements regarding the use of rental assistance if doing so is necessary for the effective delivery and administration of rental assistance to Indian veterans.
(Sec. 402) Amends the Act to clarify that the 50-year limit on the lease of trust or Indian restricted lands for housing purposes does not affect any authority to lease those lands that is conferred pursuant to any other law in effect before, on, or after the enactment of that limit.
(Sec. 403) Reauthorizes appropriations, through FY2018, for the provision of training and technical assistance to Indian housing authorities and tribally designated housing entities.
Title V: Miscellaneous - (Sec. 501) Amends the Act to treat a tribally designated housing entity as a community-based development organization for purposes of the Indian Community Development Block Grant program.
(Sec. 502) Repeals the provision of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 that prohibits the use of funds under that Act for the benefit of the Cherokee Nation unless the Temporary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the Cherokee Nation remains in effect or there is a settlement agreement which ends litigation among the adverse parties.
(Sec. 503) Reauthorizes the Native Hawaiian Homeownership Act through FY2018.
(Sec. 504) Allows all funds provided under a grant made pursuant to this Act to be used to meet matching or cost participation requirements under any other federal or nonfederal program.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1352 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1352
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2013
Ms. Cantwell (for herself, Mr. Barrasso, Mr. Johnson of South Dakota,
Mr. Tester, Mr. Udall of New Mexico, Mr. Franken, Mr. Begich, Ms.
Heitkamp, Ms. Hirono, and Mr. Schatz) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
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; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Reauthorization Act of
2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; references.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Treatment of program income and labor standards.
Sec. 102. Environmental review.
Sec. 103. Authorization of appropriations.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. Low-income requirement and income targeting.
Sec. 202. Lease requirements and tenant selection.
Sec. 203. Self-determined housing activities for tribal communities.
Sec. 204. Total development cost maximum project cost.
TITLE III--COMPLIANCE, AUDITS, AND REPORTS
Sec. 301. Reports to Congress.
TITLE IV--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 401. Demonstration of rental assistance for homeless or at-risk
Indian veterans.
Sec. 402. 50-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 403. Training and technical assistance.
Sec. 404. Preferences for projects in Indian areas.
TITLE V--MISCELLANEOUS
Sec. 501. Community-based organizations and tribally designated housing
entities.
Sec. 502. Elimination of limitation on use for Cherokee Nation.
Sec. 503. Reauthorization of Native Hawaiian Homeownership Act.
Sec. 504. Matching or cost-participation requirement.
(c) 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. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
Section 104 (25 U.S.C. 4114) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) Authority to retain.--
``(A) In general.--Notwithstanding any other
provision of this Act, a recipient may retain any
program income that is realized from any grant amounts
under this Act if--
``(i) the income was realized after the
initial disbursement of the grant amounts
received by the recipient; and
``(ii) the recipient has agreed that the
recipient will utilize the income for housing
related activities in accordance with this Act.
``(B) Requirements.--Any income that is realized by
a recipient from program income shall--
``(i) be considered nonprogram income; and
``(ii) have no restrictions on use.''; and
(2) in subsection (b), by striking paragraph (3) and
inserting the following:
``(3) Application of tribal laws.--
``(A) In general.--Paragraph (1) shall not apply to
any contract or agreement for assistance, sale, or
lease pursuant to this Act, if that contract or
agreement is otherwise covered by 1 or more laws or
regulations adopted by an Indian tribe that requires
the payment of not less than prevailing wages, as
determined by the Indian tribe.
``(B) Wages.--The prevailing wages described in
subparagraph (A) shall apply to the administration of
all Federal funding for projects funded in part by
funds authorized under this Act.''.
SEC. 102. ENVIRONMENTAL REVIEW.
Section 105 (25 U.S.C. 4115) is amended by striking subsection (d)
and inserting the following:
``(d) Environmental Compliance.--Notwithstanding any other
provision of law or use of any other source of funding for the project,
compliance with the environmental review requirements of this section
shall satisfy any other applicable environmental review requirement
under any other Federal law (including regulations) required to be
carried out by any agency involved in the project.''.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
Section 108 (25 U.S.C. 4117) is amended by striking ``2009 through
2013'' and inserting ``2013 through 2018''.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Section 205 (25 U.S.C. 4135) is amended by striking subsection (c)
and inserting the following:
``(c) Applicability.--
``(1) In general.--The provisions of subsection (a)(2)
regarding binding commitments for the remaining useful life of
property shall not apply to--
``(A) a family or household member who subsequently
takes ownership of a homeownership unit; or
``(B) any improvement to a privately owned
homeownership unit if the aggregate value of the
improvement for the 5-year period following completion
of the improvement is less than $10,000.
``(d) Purchase.--In the case of rental housing that is made
available to a current rental tenant for conversion to a homebuyer or
lease-purchase unit, the current rental tenant may purchase through a
contract to purchase, lease-purchase agreement, or any other sales
agreement if the unit is made available for occupancy by a family that
is a low-income family at the time of initial occupancy.''.
SEC. 202. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 (25 U.S.C. 4137) is amended by adding at the end the
following:
``(c) Notice of Termination.--The notice period described in
subsection (a)(3) shall apply to projects and programs funded in part
by amounts authorized under this Act.''.
SEC. 203. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES.
Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed.
SEC. 204. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103))
that is developed, acquired, or assisted under the block grant program
established under section 101 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by
more than 20 percent, without prior approval of the Secretary of
Housing and Urban Development, the total development cost maximum cost
for all housing assisted under an affordable housing activity,
including development and model activities.
TITLE III--COMPLIANCE, AUDITS, AND REPORTS
SEC. 301. REPORTS TO CONGRESS.
Section 407 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Indian Affairs and the Committee on
Banking, Housing and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a)
shall be made publicly available, including to recipients.''.
TITLE IV--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
SEC. 401. DEMONSTRATION OF RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK
INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(D) Indian veterans housing rental assistance
demonstration program.--
``(i) Definitions.--In this subparagraph:
``(I) Indian.--The term `Indian'
has the meaning given the term in
section 4 of the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450b).
``(II) Indian lands.--The term
`Indian lands' has the meaning given
the term in section 3 of the Native
American Business Development, Trade
Promotion, and Tourism Act of 2000 (25
U.S.C. 4302).
``(III) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b).
``(ii) Authorization of program.--The
Secretary may use not more than 5 percent of
the amounts made available for rental
assistance under this subsection to carry out a
rental assistance and supportive housing
program, in conjunction with the Secretary of
Veterans Affairs, for the benefit of Indian
veterans who are homeless or at-risk of
homelessness and who are residing on or near
Indian lands.
``(iii) Model.--The program described in
clause (ii) shall be modeled on the rental
assistance and supportive housing program
authorized under this section and applicable
appropriations Acts, including administration
in conjunction with the Secretary of Veterans
Affairs, except that the Secretary may make
necessary and appropriate modifications to
facilitate the use of the program by Indian
grant recipients to serve eligible Indian
veterans.
``(iv) Eligible recipients.--Rental
assistance under clause (ii) shall be made
available to recipients eligible to receive
grants under section 101 of the Native American
Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4111).
``(v) Funding criteria.--Rental assistance
under clause (ii) shall be awarded based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Rental assistance
made available under clause (ii) shall be
administered in accordance with the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.), except that grantees shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the use of rental assistance
provided under the demonstration
program; and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
demonstration program in serving
eligible veterans.
``(vii) Consultation.--The Secretary, in
coordination with the Secretary of Veterans
Affairs, shall consult with recipients of
grants under section 101 of the Native American
Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4111) and any other
appropriate tribal organization on the design
of the demonstration program to ensure the
effective delivery of rental assistance and
supportive services to persons eligible to
receive assistance under this subparagraph.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under this subparagraph if the
Secretary finds that the waiver or
alternative requirement is necessary
for the effective delivery and
administration of rental assistance
made available under this subparagraph
to Indian veterans.
``(II) Exception.--The Secretary
shall not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.''.
SEC. 402. 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
``(in effect before, on, or after the date of enactment of this
section)'' after ``law''.
SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.
Section 703 (25 U.S.C. 4212) is amended by striking ``of fiscal
years 2009 through 2013'' and inserting ``fiscal year for which funds
are appropriated under section 108.''.
SEC. 404. PREFERENCES FOR PROJECTS IN INDIAN AREAS.
(a) In General.--Section 42(m)(1) of the Internal Revenue Code of
1986 is amended--
(1) in subparagraph (B)(ii)--
(A) in subclause (II), by striking ``and''; and
(B) by adding at the end the following:
``(IV) projects which are located
in an Indian area (as defined in
section 4(11) of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103(11))) and for which the entity
applying to receive credit is--
``(aa) an Indian tribe or a
tribally designated housing
entity (as defined in section 4
of the Native American Housing
Assistance and Self-
Determination Act of 1996 (25
U.S.C. 4103),
``(bb) wholly owned or
controlled by an Indian tribe
or tribally designated housing
entity (as defined in section 4
of the Native American Housing
Assistance and Self-
Determination Act of 1996 (25
U.S.C. 4103)), or
``(cc) a subrecipient of
funding under the Native
American Housing Assistance and
Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.) with
regard to the project for which
credits would be awarded,
and'';
(2) in subparagraph (C)--
(A) in clause (vi), by inserting ``and Indian''
after ``public'';
(B) by redesignating clauses (ix) and (x) as
clauses (x) and (xi), respectively; and
(C) by inserting after clause (viii) the following:
``(ix) projects described in subparagraph
(B)(ii)(IV),''; and
(3) by adding at the end the following:
``(E) Preference for projects in indian areas.--In
addition to the preference provided to projects
described in subparagraph (B)(ii)(IV), for purposes of
evaluating such projects pursuant to a competitive
application process for allocation of housing credit
dollar amounts, a housing credit agency--
``(i) for purposes of any numerical
evaluation process employed by the agency,
shall increase the cumulative points or score
for such project by not less than 10 percent of
the total points or credits available to any
project, and
``(ii) shall not consider the lack of
proximity of such project to population
centers, public transportation systems, or
publicly available amenities.''.
(b) Effective Date.--The amendments made by this section shall
apply to housing credit dollar amounts allocated by a housing credit
agency after December 31, 2013.
TITLE V--MISCELLANEOUS
SEC. 501. COMMUNITY-BASED ORGANIZATIONS AND TRIBALLY DESIGNATED HOUSING
ENTITIES.
Title VII (Public Law 104-330; 110 Stat. 4048) is amended by adding
at the end the following:
``SEC. 706. COMMUNITY-BASED DEVELOPMENT ORGANIZATION.
``A tribally designated housing entity shall qualify as a
community-based development organization for purposes of the Indian
Community Development Block Grant program authorized under section
106(a) of the Housing and Community Development Act of 1974 (42 U.S.C.
5306(a)).''.
SEC. 502. ELIMINATION OF LIMITATION ON USE FOR CHEROKEE NATION.
Section 801 of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 (Public Law 110-411; 122
Stat. 4334) is repealed.
SEC. 503. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT.
Section 824 (25 U.S.C. 4243) is amended by striking ``2001, 2002,
2003, 2004, and 2005,'' and inserting ``2014, 2015, 2016, 2017, and
2018''.
SEC. 504. MATCHING OR COST-PARTICIPATION REQUIREMENT.
All funds provided under a grant made pursuant to this Act or the
amendments made by this Act may be used for purposes of meeting
matching or cost participation requirements under any other Federal or
non-Federal program.
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 113-126.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Indian Affairs. Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.
Committee on Indian Affairs. Reported by Senator Cantwell with an amendment in the nature of a substitute. Without written report.
Referred to the Committee on Banking, Housing, and Urban Affairs pursuant to the order of May 27, 1988.
Senate Committee on Banking, Housing, and Urban Affairs discharged pursuant to the order of 1/13/2014.
Senate Committee on Banking, Housing, and Urban Affairs discharged pursuant to the order of 1/13/2014.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 334.
By Senator Tester from Committee on Indian Affairs filed written report. Report No. 113-152.
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By Senator Tester from Committee on Indian Affairs filed written report. Report No. 113-152.