1998 Amendments [P.L. 105-276] are in RED
2000 Amendments [P.L. 106-568] are in BLUE
2002 Amendments [P.L. 107-292] are in GREEN
2004 Amendment [P.L. 108-393] is in PURPLE
2005 Amendment [P.L. 109-136] is in PINK & 2005 Amendment [P.L. 109-58] is in BROWN
2008 Amendment [P.L. 110-411] is in ORANGE
2010 Amendment [P.L. 111-269] is in LIGHT BLUE
Native American Housing
Assistance and
Self-Determination
Act of 1996 (P.L.
104-330 as amended by P.L. 105-276, P.L. 106-568, P.L. 107-292, and
P.L. 108-393)
One Hundred Fourth Congress
of the
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday, the third day of January, one thousand nine hundred and ninety-six
An Act
To provide Federal assistance for Indian tribes in a manner that recognizes the right of tribal self-governance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) SHORT TITLE- This Act may be cited as the `Native American Housing Assistance and Self-Determination Act of 1996'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Congressional findings.
Sec. 3. Administration through Office of Native American Programs.
Sec. 4. Definitions.
Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Environmental review.
Sec. 106. Regulations.
Sec. 107. Effective date.
Sec. 108. Authorization of appropriations.
Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Types of investments.
Sec. 205. Low-income requirement and income targeting.
Sec.
206. Certification of compliance with subsidy layering requirements.
Sec. 206. Treatment of funds.
Sec. 207. Lease requirements and tenant selection.
Sec. 208. Availability of records.
Sec.
209. Repayment.
209.
Noncompliance with affordable housing requirement.
Sec. 210. Continued use of amounts for affordable housing.
Subtitle B—Self-Determination Housing Activities for Tribal Communities
Sec. 231. Purposes.
Sec. 232. Program authority.
Sec. 233. Use of amounts for housing activities.
Sec. 234. Inapplicability of other provisions.
Sec. 235. Review and report.
Sec. 301. Annual allocation.
Sec. 302. Allocation formula.
Sec. 401. Remedies for noncompliance.
Sec. 402. Replacement of recipient.
Sec. 403. Monitoring of compliance.
Sec. 404. Performance reports.
Sec. 405. Review and audit by Secretary.
Sec. 406. GAO audits.
Sec. 407. Reports to Congress.
Sec. 408. Public availability of information.
Sec. 501. Repeal of provisions relating to Indian housing assistance under United States Housing Act of 1937.
Sec. 502. Termination of Indian housing assistance under United States Housing Act of 1937.
Sec. 503. Termination of new commitments for rental assistance.
Sec. 504. Termination of youthbuild program assistance.
Sec. 505. Termination of HOME program assistance.
Sec. 506. Termination of housing assistance for the homeless.
Sec. 507. Savings provision.
Sec. 508. Effective date.
Sec. 509. Effect on HOME Investment Partnerships Act.
Sec. 601. Authority and requirements.
Sec. 602. Security and repayment.
Sec. 603. Payment of interest.
Sec. 604. Training and information.
Sec. 605. Limitations on amount of guarantees.
Sec. 606. Effective date.
Sec. 606. Demonstration program for guaranteed loans to finance tribal community and economic development activities.
Sec. 701. Loan guarantees for Indian housing.
Sec. 702. 50-year leasehold interest in trust or restricted lands for housing purposes.
Sec. 703. Training and technical assistance.
Sec. 704. Public and Assisted Housing Drug Elimination Act of 1990.
Sec. 705. Effective date.
The Congress finds that--
(1) the Federal Government has a responsibility to promote the general welfare of the Nation--
(A) by using Federal resources to aid families and individuals seeking affordable homes in safe and healthy environments and, in particular, assisting responsible, deserving citizens who cannot provide fully for themselves because of temporary circumstances or factors beyond their control;
(B) by working to ensure a thriving national economy and a strong private housing market; and
(C) by developing effective partnerships among the Federal Government, State, tribal, and local governments, and private entities that allow government to accept responsibility for fostering the development of a healthy marketplace and allow families to prosper without government involvement in their day-to-day activities;
(2) there exists a unique relationship between the Government of the United States and the governments of Indian tribes and a unique Federal responsibility to Indian people;
(3) the Constitution of the United States invests the Congress with plenary power over the field of Indian affairs, and through treaties, statutes, and historical relations with Indian tribes, the United States has undertaken a unique trust responsibility to protect and support Indian tribes and Indian people;
(4) the Congress, through treaties, statutes, and the general course of dealing with Indian tribes, has assumed a trust responsibility for the protection and preservation of Indian tribes and for working with tribes and their members to improve their housing conditions and socioeconomic status so that they are able to take greater responsibility for their own economic condition;
(5) providing affordable homes in safe and healthy environments is an essential element in the special role of the United States in helping tribes and their members to improve their housing conditions and socioeconomic status;
(6)
the need for affordable homes in safe and healthy environments on
Indian reservations, in Indian communities, and in Native Alaskan
villages is acute and the Federal Government should
shall
work not only to provide housing assistance, but also, to the extent
practicable, to assist in the development of private housing finance
mechanisms on Indian lands to achieve the goals of economic
self-sufficiency and self-determination for tribes and their members;
and
(7)
Federal assistance to meet these responsibilities should
shall
be provided in a manner that recognizes the right of Indian
self-determination and tribal self-governance by making such
assistance available directly to the Indian tribes or tribally
designated entities under authorities similar to those accorded
Indian tribes in Public Law 93-638 (25 U.S.C. 450 et seq.).
The Secretary of Housing and Urban Development shall carry out this Act through the Office of Native American Programs of the Department of Housing and Urban Development.
For purposes of this Act, the following definitions shall apply:
(1) ADJUSTED INCOME- The term `adjusted income' means the annual income that remains after excluding the following amounts:
(A) YOUTHS, STUDENTS, AND PERSONS WITH DIS-ABILITIES- $480 for each member of the family residing in the household (other than the head of the household or the spouse of the head of the household)--
(i) who is under 18 years of age; or
(ii) who is--
(I) 18 years of age or older; and
(II) a person with disabilities or a full-time student.
(B) ELDERLY AND DISABLED FAMILIES- $400 for an elderly or disabled family.
(C) MEDICAL AND ATTENDANT EXPENSES- The amount by which 3 percent of the annual income of the family is exceeded by the aggregate of--
(i) medical expenses, in the case of an elderly or disabled family; and
(ii) reasonable attendant care and auxiliary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (including a member who is a person with disabilities) to be employed.
(D) CHILD CARE EXPENSES- Child care expenses, to the extent necessary to enable another member of the family to be employed or to further his or her education.
(E) EARNED INCOME OF MINORS- The amount of any earned income of any member of the family who is less than 18 years of age.
(F) TRAVEL EXPENSES- Excessive travel expenses, not to exceed $25 per family per week, for employment- or education-related travel.
(G) OTHER AMOUNTS- Such other amounts as may be provided in the Indian housing plan for an Indian tribe.
(2) AFFORDABLE HOUSING- The term `affordable housing' means housing that complies with the requirements for affordable housing under title II. The term includes permanent housing for homeless persons who are persons with disabilities, transitional housing, and single room occupancy housing.
(3) DRUG-RELATED CRIMINAL ACTIVITY- The term `drug-related criminal activity' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as such term is defined in section 102 of the Controlled Substances Act).
(4) ELDERLY FAMILIES AND NEAR-ELDERLY FAMILIES- The terms `elderly family' and `near-elderly family' mean a family whose head (or his or her spouse), or whose sole member, is an elderly person or a near-elderly person, respectively. Such terms include 2 or more elderly persons or near-elderly persons living together, and 1 or more such persons living with 1 or more persons determined under the Indian housing plan for the agency to be essential to their care or well-being.
(5) ELDERLY PERSON- The term `elderly person' means a person who is at least 62 years of age.
(6) FAMILY- The term `family' includes a family with or without children, an elderly family, a near-elderly family, a disabled family, and a single person.
(7) GRANT BENEFICIARY- The term `grant beneficiary' means the Indian tribe or tribes on behalf of which a grant is made under this Act to a recipient.
(8) HOUSING RELATED COMMUNITY DEVELOPMENT.--
(A) IN GENERAL- The term `housing related community development' means any facility, community building, business, activity, or infrastructure that--
(i) is owned by an Indian tribe or a tribally designated housing entity;
(ii) is necessary to the provision of housing in an Indian area; and
(iii)
(I) would help an Indian tribe or tribally designated housing entity to reduce the cost of construction of Indian housing;
(II) would make housing more affordable, accessible, or practicable in an Indian area; or
(III) would otherwise advance the purposes of this Act.
(B) EXCLUSION- The term `housing and community development' does not include any activity conducted by any Indian tribe under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(89)
INCOME- The term `income' means income from all sources of each
member of the household, as determined in accordance with criteria
prescribed by the Secretary, except that the following amounts may
not be considered as income under this paragraph:
(A) Any amounts not actually received by the family.
(B) Any amounts that would be eligible for exclusion under section 1613(a)(7) of the Social Security Act.
(C) Any amounts received by any member of the family as disability compensation under chapter 11 of title 38, United States Code, or dependency and indemnity compensation
under chapter 13 of such title.
(910)
INDIAN- The term `Indian' means any person who is a member of an
Indian tribe.
(1011)
INDIAN AREA- The term `Indian area' means the area within which an
Indian tribe or a
tribally designated housing entity is
,
as authorized by
one
1
or more Indian
tribes,
to
provides
assistance under this Act for affordable housing.
(1112)
INDIAN HOUSING PLAN- The term `Indian housing plan' means a plan
under section 102.
(1213)
INDIAN TRIBE-
(A) IN GENERAL- The term `Indian tribe' means a tribe that is a federally recognized tribe or a State recognized tribe.
(B) FEDERALLY RECOGNIZED TRIBE- The term `federally recognized tribe' means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act of 1975.
(C) STATE RECOGNIZED TRIBE-
(i) IN GENERAL- The term `State recognized tribe' means any tribe, band, nation, pueblo, village, or community--
(I) that has been recognized as an Indian tribe by any State; and
(II)
for which an Indian Housing Authority has, before the effective date
under section
107
section 705,
entered into a contract with the Secretary pursuant to the United
States Housing Act of 1937 for housing for Indian families and has
received funding pursuant to such contract within the 5-year period
ending upon such effective date.
(ii) CONDITIONS- Notwithstanding clause (i)--
(I) the allocation formula under section 302 shall be determined for a State recognized tribe under tribal membership eligibility criteria in existence on the date of the enactment of this Act; and
(II) nothing in this paragraph shall be construed to confer upon a State recognized tribe any rights, privileges, responsibilities, or obligations otherwise accorded groups recognized as Indian tribes by the United States for other purposes.
(1314)
LOW-INCOME FAMILY- The term `low-income family' means a family whose
income does not exceed 80 percent of the median income for the area,
as determined by the Secretary with adjustments for smaller and
larger families, except that the Secretary may, for purposes of this
paragraph, establish income ceilings higher or lower than 80 percent
of the median for the area on the basis of the findings of the
Secretary or the agency that such variations are necessary because of
prevailing levels of construction costs or unusually high or low
family incomes.
(1415)
MEDIAN INCOME- The term `median income' means, with respect to an
area that is an Indian area, the greater of--
(A) the median income for the Indian area, which the Secretary shall determine; or
(B) the median income for the United States.
(1516)
NEAR-ELDERLY PERSON- The term `near-elderly person' means a person
who is at least 55 years of age and less than 62 years of age.
(1617)
NONPROFIT- The term `nonprofit' means, with respect to an
organization, association, corporation, or other entity, that no part
of the net earnings of the entity inures to the benefit of any
member, founder, contributor, or individual.
(1718)
PERSON WITH DISABILITIES- The term `person with disabilities' means a
person who--
(A) has a disability as defined in section 223 of the Social Security Act;
(B) is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which--
(i) is expected to be of long-continued and indefinite duration;
(ii) substantially impedes his or her ability to live independently; and
(iii) is of such a nature that such ability could be improved by more suitable housing conditions; or
(C) has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act.
Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for housing assisted under this Act, solely on the basis of any drug or alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence.
(1819)
RECIPIENT- The term `recipient' means an Indian tribe or the entity
for one or more Indian tribes that is authorized to receive grant
amounts under this Act on behalf of the tribe or tribes.
(1920)
SECRETARY- Except as otherwise specifically provided in this Act, the
term `Secretary' means the Secretary of Housing and Urban
Development.
(2021)
STATE- The term `State' means the States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, Guam, the Virgin
Islands, American Samoa, and any other territory or possession of the
United States and Indian tribes.
(2122)
TRIBALLY DESIGNATED HOUSING ENTITY- The terms `tribally designated
housing entity' and `housing entity' have the following meaning:
(A) EXISTING IHA'S- With respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority--
(i) was established for purposes of the United States Housing Act of 1937 before the date of the enactment of this Act that meets the requirements under the United States Housing Act of 1937,
(ii) is acting upon such date of enactment as the Indian housing authority for the tribe, and
(iii) is not an Indian tribe for purposes of this Act,
the terms mean such Indian housing authority.
(B) OTHER ENTITIES- With respect to any Indian tribe that, pursuant to this Act, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this Act for affordable housing for Indians, which entity is established--
(i) by exercise of the power of self-government of one or more Indian tribes independent of State law, or
(ii) by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,
the terms mean such entity.
(C) ESTABLISHMENT- A tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.
(22)
HOUSING RELATED COMMUNITY DEVELOPMENT-
(A)
IN GENERAL – The term ‘housing related community
development’ means any tribally-owned and operated facility,
business, activity, or infrastructure that—
(i)
is necessary to the direct construction of reservation housing; and
(ii)
would help an Indian tribe or its tribally-designated housing
authority reduce the cost of construction of Indian housing or
otherwise promote the findings of this Act.
(B)
EXCLUSION – The term ‘housing and community development’
does not include any activity conducted by any Indian tribe under the
Indian Gaming Regulatory Act (25 U.S.C. 2710 et seq.).
(a)
AUTHORITY- For
each
(1)
IN GENERAL- For each
fiscal year, the Secretary shall (to the extent amounts are made
available to carry out this Act) make grants under this section on
behalf of Indian
tribes--
to
carry out affordable housing activities.
(A) to carry out affordable housing activities under subtitle A of title II; and
(B) to carry out self-determined housing activities for tribal communities programs under subtitle B of that title.
(2) PROVISION OF AMOUNTS- Under such a grant on behalf of an Indian tribe, the Secretary shall provide the grant amounts for the tribe directly to the recipient for the tribe.
(b) PLAN REQUIREMENT-
(1) IN GENERAL- The Secretary may make a grant under this Act on behalf of an Indian tribe for a fiscal year only if--
(A) the Indian tribe has submitted to the Secretary an Indian housing plan for such fiscal year under section 102; and
(B) the plan has been determined under section 103 to comply with the requirements of section 102.
(2)
WAIVER- The Secretary may waive the applicability of the requirements
under paragraph (1), in whole or in part, if
the Secretary finds that an Indian tribe has not complied or cannot
comply with such requirements due to circumstances beyond the control
of the tribe
for
a period of not more than 90 days, if the Secretary determines that
an Indian tribe has not complied with, or is unable to comply with,
those requirements due to exigent circumstances beyond the control of
the Indian tribe.
(c)
LOCAL COOPERATION AGREEMENT- The
Secretary may not make any grant under this Act on behalf of an
Indian tribe unless the governing body of the locality within which
any affordable housing to be assisted with the grant amounts 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.
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).
(d)
EXEMPTION FROM TAXATION- A grant recipient for an Indian tribe may
receive a block grant under this Act only if--
the
affordable housing assisted with grant amounts received by the
recipient (exclusive of any portions not assisted with amounts
provided under this Act) is exempt from all real and personal
property taxes levied or imposed by any State, tribe, city, county,
or other political subdivision; and
(d) EXEMPTION FROM TAXATION- Notwithstanding any other provision of this Act, grant amounts provided under this Act on behalf of an Indian tribe may not be used for affordable housing activities under this Act for rental or lease-purchase dwelling units developed under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or with amounts provided under this Act that are owned by the recipient for the tribe unless—
(1) such dwelling units (which, in the case of units in a multi-unit project, shall be exclusive of any portions of the project not developed under the United States Housing Act of 1937 or with amounts provided under this Act) are exempt from all real and personal property taxes levied or imposed by any State, tribe, city, county, or other political subdivision; and
(2) the recipient for the tribe makes annual payments of user fees to compensate such governments for the costs of providing governmental services, including police and fire protection, roads, water and sewerage systems, utilities systems and related facilities, or payments in lieu of taxes to such taxing authority, in an amount equal to the greater of $150 per dwelling unit or 10 percent of the difference between the shelter rent and the utility cost, or such lesser amount as--
(A) is prescribed by State, tribal, or local law;
(B) is agreed to by the local governing body in the agreement under subsection (c); or
(C) the recipient and the local governing body agree that such user fees or payments in lieu of taxes shall not be made.
(e) EFFECT OF FAILURE TO EXEMPT FROM TAXATION- Notwithstanding subsection (d), a grant recipient that does not comply with the requirements under such subsection may receive a block grant under this Act, but only if the tribe, State, city, county, or other political subdivision in which the affordable housing development is located contributes, in the form of cash or tax remission, the amount by which the taxes paid with respect to the development exceed the amounts prescribed in subsection (d)(2).
(f) AMOUNT- Except as otherwise provided under this Act, the amount of a grant under this section to a recipient for a fiscal year shall be--
(1) in the case of a recipient whose grant beneficiary is a single Indian tribe, the amount of the allocation under section 301 for the Indian tribe; and
(2) in the case of a recipient whose grant beneficiary is more than 1 Indian tribe, the sum of the amounts of the allocations under section 301 for each such Indian tribe.
(g) USE FOR AFFORDABLE HOUSING ACTIVITIES UNDER PLAN- Except as provided in subsection (h) of this section and subtitle B of title II, amounts provided under a grant under this section may be used only for affordable housing activities under title II that are consistent with an Indian housing plan approved under section 103.
(h) ADMINISTRATIVE AND PLANNING EXPENSES- The Secretary shall, by regulation, authorize each recipient to use a percentage of any grant amounts received under this Act for comprehensive housing and community development planning activities and for any reasonable administrative and planning expenses of the recipient relating to carrying out this Act and activities assisted with such amounts, which may include costs for salaries of individuals engaged in administering and managing affordable housing activities assisted with grant amounts provided under this Act and expenses of preparing an Indian housing plan under section 102.
(i) PUBLIC-PRIVATE PARTNERSHIPS- Each recipient shall make all reasonable efforts, consistent with the purposes of this Act, to maximize participation by the private sector, including nonprofit organizations and for-profit entities, in implementing the approved Indian housing plan.
(j) FEDERAL SUPPLY SOURCES- For purposes of section 501 of title 40, United States Code, on election by the applicable Indian tribe--
(1) each Indian tribe or tribally designated housing entity shall be considered to be an Executive agency in carrying out any program, service, or other activity under this Act; and
(2) each Indian tribe or tribally designated housing entity and each employee of the Indian tribe or tribally designated housing entity shall have access to sources of supply on the same basis as employees of an Executive agency.
(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 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).
(a) PLAN SUBMISSION- The Secretary shall provide--
(1)
(A) for an Indian tribe to submit to the Secretary, for each fiscal
year, a housing plan under this section for the tribe; or
(1)
(A) for an Indian tribe to submit to the Secretary, by not later than 75 days before the beginning of each tribal program year, a 1-year housing plan for the Indian tribe; or
(B)
(2)
for the tribally designated housing entity for the tribe to submit
the plan as provided in subsection (d)(c)
for the tribe; and
(2)
(3)
for the review
of such plans.
(b)
5-YEAR PLAN- Each housing plan under this section shall be in a form
prescribed by the Secretary and shall contain, with respect to the
5-year period beginning with the fiscal year for which the plan is
submitted, the following information:
(1)
MISSION STATEMENT- A general statement of the mission of the Indian
tribe to serve the needs of the low-income families in the
jurisdiction of the Indian tribe during the period.
(2)
GOALS AND OBJECTIVES- A statement of the goals and objectives of the
Indian tribe to enable the tribe to serve the needs identified in
paragraph (1) during the period.
(3)
ACTIVITIES PLAN- An overview of the activities planned during the
period including an analysis of the manner in which the activities
will enable the tribe to meet its mission, goals, and objectives.
(c)
1-YEAR PLAN- A housing plan under this section for an Indian tribe
shall be in a form prescribed by the Secretary and contain the
following information relating to the upcoming fiscal year for which
the assistance under this Act is to be made available:
(1)
GOALS AND OBJECTIVES- A statement of the goals and objectives to be
accomplished during that period.
(2)
STATEMENT OF NEEDS- A statement of the housing needs of the
low-income Indian families residing in the jurisdiction of the Indian
tribe and the means by which such needs will be addressed during the
period, including--
(A)
a description of the estimated housing needs and the need for
assistance for the low-income Indian families in the jurisdiction,
including a description of the manner in which the geographical
distribution of assistance is consistent with the geographical needs
and needs for various categories of housing assistance; and
(B)
a description of the estimated housing needs for all Indian families
in the jurisdiction.
(3)
FINANCIAL RESOURCES- An operating budget for the recipient, in a form
prescribed by the Secretary, that includes--
(A)
an identification and a description of the financial resources
reasonably available to the recipient to carry out the purposes of
this Act, including an explanation of the manner in which amounts
made available will leverage additional resources; and
(B)
the uses to which such resources will be committed, including
eligible and required affordable housing activities under title II
and administrative expenses.
(4)
AFFORDABLE HOUSING RESOURCES- A statement of the affordable housing
resources currently available and to be made available during the
period, including--
(A)
a description of the significant characteristics of the housing
market in the jurisdiction, including the availability of housing
from other public sources, private market housing, and the manner in
which such characteristics influence the decision of the recipient to
use grant amounts to be provided under this Act for rental
assistance, production of new units, acquisition of existing units,
or rehabilitation of units;
(B)
a description of the structure, coordination, and means of
cooperation between the recipient and any other governmental entities
in the development, submission, or implementation of housing plans,
including a description of the involvement of private, public, and
nonprofit organizations and institutions, and the use of loan
guarantees under section 184 of the Housing and Community Development
Act of 1992, and other housing assistance provided by the Federal
Government for Indian tribes, including loans, grants, and mortgage
insurance;
(C)
a description of the manner in which the plan will address the needs
identified pursuant to paragraph (2);
(D)
a description of the manner in which the recipient will protect and
maintain the viability of housing owned and operated by the recipient
that was developed under a contract between the Secretary and an
Indian housing authority pursuant to the United States Housing Act of
1937;
(E)
a description of any existing and anticipated homeownership programs
and rental programs to be carried out during the period, and the
requirements and assistance available under such programs;
(F)
a description of any existing and anticipated housing rehabilitation
programs necessary to ensure the long-term viability of the housing
to be carried out during the period, and the requirements and
assistance available under such programs;
(G)
a description of all other existing or anticipated housing assistance
provided by the recipient during the period, including transitional
housing, homeless housing, college housing, supportive services
housing, and the requirements and assistance available under such
programs;
(H)
a description of any housing to be demolished or disposed of, a
timetable for such demolition or disposition, and any other
information required by the Secretary with respect to such demolition
or disposition;
(I)
a description of the manner in which the recipient will coordinate
with tribal and State welfare agencies to ensure that residents of
such housing will be provided with access to resources to assist in
obtaining employment and achieving self-sufficiency;
(J)
a description of the requirements established by the recipient to
promote the safety of residents of such housing, facilitate the
undertaking of crime prevention measures, allow resident input and
involvement, including the establishment of resident organizations,
and allow for the coordination of crime prevention activities between
the recipient and tribal and local law enforcement officials; and
(K)
a description of the entity that will carry out the activities under
the plan, including the organizational capacity and key personnel of
the entity.
(5)
CERTIFICATION OF COMPLIANCE- Evidence of compliance which shall
include, as appropriate--
(A)
a certification that the recipient will comply with title II of the
Civil Rights Act of 1968 in carrying out this Act, to the extent that
such title is applicable, and other applicable Federal statutes;
(B)
a certification that the recipient will maintain adequate insurance
coverage for housing units that are owned and operated or assisted
with grant amounts provided under this Act, in compliance with such
requirements as may be established by the Secretary;
(C)
a certification that policies are in effect and are available for
review by the Secretary and the public governing the eligibility,
admission, and occupancy of families for housing assisted with grant
amounts provided under this Act;
(D)
a certification that policies are in effect and are available for
review by the Secretary and the public governing rents charged,
including the methods by which such rents or homebuyer payments are
determined, for housing assisted with grant amounts provided under
this Act; and
(E)
a certification that policies are in effect and are available for
review by the Secretary and the public governing the management and
maintenance of housing assisted with grant amounts provided under
this Act.
(6)
CERTAIN FAMILIES- With respect to assistance provided under section
201(b)(2) by a recipient to Indian families that are not low-income
families, evidence that there is a need for housing for each such
family during that period that cannot reasonably be met without such
assistance.
(b) 1-YEAR PLAN REQUIREMENT-
(1) IN GENERAL- A housing plan of an Indian tribe under this section shall--
(A) be in such form as the Secretary may prescribe; and
(B) contain the information described in paragraph (2).
(2) REQUIRED INFORMATION- A housing plan shall include the following information with respect to the tribal program year for which assistance under this Act is made available:
(A) DESCRIPTION OF PLANNED ACTIVITIES- A statement of planned activities, including--
(i) the types of household to receive assistance;
(ii) the types and levels of assistance to be provided;
(iii) the number of units planned to be produced;
(iv)
(I) a description of any housing to be demolished or disposed of;
(II) a timetable for the demolition or disposition; and
(III) any other information required by the Secretary with respect to the demolition or disposition;
(v) a description of the manner in which the recipient will protect and maintain the viability of housing owned and operated by the recipient that was developed under a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); and
(vi) outcomes anticipated to be achieved by the recipient.
(B) STATEMENT OF NEEDS- A statement of the housing needs of the low-income Indian families residing in the jurisdiction of the Indian tribe, and the means by which those needs will be addressed during the applicable period, including--
(i) a description of the estimated housing needs and the need for assistance for the low-income Indian families in the jurisdiction, including a description of the manner in which the geographical distribution of assistance is consistent with the geographical needs and needs for various categories of housing assistance; and
(ii) a description of the estimated housing needs for all Indian families in the jurisdiction.
(C) FINANCIAL RESOURCES- An operating budget for the recipient, in such form as the Secretary may prescribe, that includes--
(i) an identification and description of the financial resources reasonably available to the recipient to carry out the purposes of this Act, including an explanation of the manner in which amounts made available will leverage additional resources; and
(ii) the uses to which those resources will be committed, including eligible and required affordable housing activities under title II and administrative expenses.
(D) CERTIFICATION OF COMPLIANCE- Evidence of compliance with the requirements of this Act, including, as appropriate--
(i) a certification that, in carrying out this Act, the recipient will comply with the applicable provisions of title II of the Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) and other applicable Federal laws and regulations;
(ii) a certification that the recipient will maintain adequate insurance coverage for housing units that are owned and operated or assisted with grant amounts provided under this Act, in compliance with such requirements as the Secretary may establish;
(iii) a certification that policies are in effect and are available for review by the Secretary and the public governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this Act;
(iv) a certification that policies are in effect and are available for review by the Secretary and the public governing rents and homebuyer payments charged, including the methods by which the rents or homebuyer payments are determined, for housing assisted with grant amounts provided under this Act;
(v) a certification that policies are in effect and are available for review by the Secretary and the public governing the management and maintenance of housing assisted with grant amounts provided under this Act; and
(vi) a certification that the recipient will comply with section 104(b).
(dc)
PARTICIPATION OF TRIBALLY DESIGNATED HOUSING ENTITY- A plan under
this section for an Indian tribe may be prepared and submitted on
behalf of the tribe by the tribally designated housing entity for the
tribe, but only if such plan contains a certification by the
recognized tribal government of the grant beneficiary that such
tribe--
(1) has had an opportunity to review the plan and has authorized the submission of the plan by the housing entity; or
(2) has delegated to such tribally designated housing entity the authority to submit a plan on behalf of the tribe without prior review by the tribe.
(ed)
COORDINATION OF PLANS- A plan under this section may cover more than
1 Indian tribe, but only if the certification requirements under
subsection (d)(c)
are complied with by each such grant beneficiary covered.
(f)
PLANS FOR SMALL TRIBES-
(1)
SEPARATE REQUIREMENTS- The Secretary may--
(A)
establish requirements for submission of plans under this section and
the information to be included in such plans applicable to small
Indian tribes and small tribally designated housing entities; and
(B)
waive any requirements under this section that the Secretary
determines are burdensome or unnecessary for such tribes and housing
entities.
(2)
SMALL TRIBES- The Secretary may define small Indian tribes and small
tribally designated housing entities based on the number of dwelling
units assisted under this title by the tribe or housing entity or
owned or operated pursuant to a contract under the United States
Housing Act of 1937 between the Secretary and the Indian housing
authority for the tribe.
(fe)
REGULATIONS- The requirements relating to the contents of plans under
this section shall be established by regulation, pursuant to section
106.
(a) REVIEW AND NOTICE-
(1) REVIEW- The Secretary shall conduct a limited review of each Indian housing plan submitted to the Secretary to ensure that the plan complies with the requirements of section 102. The Secretary shall have the discretion to review a plan only to the extent that the Secretary considers review is necessary.
(2) NOTICE- The Secretary shall notify each Indian tribe for which a plan is submitted and any tribally designated housing entity for the tribe whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the Indian tribe, as required under this subsection and subsection (b), the plan shall be considered, for purposes of this Act, to have been determined to comply with the requirements under section 102 and the tribe shall be considered to have been notified of compliance upon the expiration of such 60-day period.
(b) NOTICE OF REASONS FOR DETERMINATION OF NONCOMPLIANCE- If the Secretary determines that a plan, as submitted, does not comply with the requirements under section 102, the Secretary shall specify in the notice under subsection (a) the reasons for the noncompliance and any modifications necessary for the plan to meet the requirements under section 102.
(c) REVIEW- After submission of the Indian housing plan or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make determinations under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan--
(1) set forth the information required by section 102 to be contained in an Indian housing plan;
(2) are consistent with information and data available to the Secretary; and
(3) are not prohibited by or inconsistent with any provision of this Act or other applicable law.
If the Secretary determines that any of the appropriate certifications required under section 102(c)(5) are not included in the plan, the plan shall be deemed to be incomplete.
(d)
UPDATES TO PLAN- After a plan under section 102 has been submitted
for an Indian tribe for any fiscal
tribal
program year,
the tribe may comply with the provisions of such section for any
succeeding fiscal
tribal
program year
(with
respect to information included for the 5-year period under section
102(b) or the 1-year period under section 102(c))
by submitting only such information regarding such changes as may be
necessary to update the plan previously submitted. Not
less than once every 5 years, the tribe shall submit a complete plan.
(e)
EFFECTIVE DATE- This section and section 102 shall take effect on the
date provided by the Secretary pursuant to section 106(a) to provide
for timely submission and review of Indian housing plans as necessary
for the provision of assistance under this Act in fiscal year 1998.
(e) SELF-DETERMINED ACTIVITIES PROGRAM- Notwithstanding any other provision of this section, the Secretary--
(1) shall review the information included in an Indian housing plan pursuant to subsections (b)(4) and (c)(7) only to determine whether the information is included for purposes of compliance with the requirement under section 232(b)(2); and
(2) may not approve or disapprove an Indian housing plan based on the content of the particular benefits, activities, or results included pursuant to subsections (b)(4) and (c)(7).
(a) PROGRAM INCOME-
(1)
AUTHORITY TO RETAIN- A
recipient
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--
(A) such income was realized after the initial disbursement of the grant amounts received by the recipient; and
(B)
the recipient has agreed that it will utilize the program income for
affordable housing activities in accordance with the provisions of
this Act.
(B) the recipient has agreed that it will utilize such income for housing related activities in accordance with this Act.
(2) PROHIBITION OF RESTRICTED ACCESS OR REDUCTION OF GRANT- The Secretary may not restrict access to or reduce the grant amount for any Indian tribe based solely on--
(A) whether the recipient for the tribe retains program income under paragraph (1);
(B)
the amount of any such program income retained; or
(C) whether the recipient retains reserve amounts described in section 210, or
(D) whether the recipient has expended retained program income for housing-related activities.
(3) EXCLUSION OF AMOUNTS- The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with the requirements of this subsection would create an unreasonable administrative burden on the recipient.
(4) EXCLUSION FROM PROGRAM INCOME OF REGULAR DEVELOPER'S FEES FOR LOW-INCOME HOUSING TAX CREDIT PROJECTS- Notwithstanding any other provision of this Act, any income derived from a regular and customary developer's fee for any project that receives a low-income housing tax credit under section 42 of the Internal Revenue Code of 1986, and that is initially funded using a grant provided under this Act, shall not be considered to be program income if the developer's fee is approved by the State housing credit agency.
(b) LABOR STANDARDS-
(1)
IN GENERAL- Any contract or agreement for assistance, sale, or lease
pursuant to this Act shall contain a provision requiring that not
less than the wages prevailing in the locality, as determined or
adopted (subsequent to a determination under applicable State,
tribal, or local law) by the Secretary, shall be paid to all
architects, technical engineers, draftsmen, and technicians employed
in the development, and all maintenance laborers and mechanics
employed in the operation, of the affordable housing project
involved; and shall also contain a provision that not less than the
wages prevailing in the locality, as predetermined by the Secretary
of Labor pursuant to the Davis-Bacon
Act (40 U.S.C. 276a-276a-5)
Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter
411; 46 Stat. 1494; 40 U.S.C. 276a et seq.),
shall be paid to all laborers and mechanics employed in the
development of the affordable housing involved, and the Secretary
shall require certification as to compliance with the provisions of
this paragraph before making any payment under such contract or
agreement.
(2) EXCEPTIONS- Paragraph (1) and the provisions relating to wages (pursuant to paragraph (1)) in any contract or agreement for assistance, sale, or lease pursuant to this Act, shall not apply to any individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work.
(3) APPLICATION OF TRIBAL LAWS- Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, if such contract or agreement is otherwise covered by one or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe.
(a) IN GENERAL-
(1) RELEASE OF FUNDS- In order to ensure that the policies of the National Environmental Policy Act of 1969 and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of grant amounts provided under this Act, and to ensure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may by regulation provide for the release of amounts for particular projects to tribes which assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would apply to the Secretary were the Secretary to undertake such projects as Federal projects.
(2) REGULATIONS-
(A) IN GENERAL- The Secretary shall issue regulations to carry out this section only after consultation with the Council on Environmental Quality.
(B) CONTENTS- The regulations issued under this paragraph shall--
(i) provide for the monitoring of the environmental reviews performed under this section;
(ii) in the discretion of the Secretary, facilitate training for the performance of such reviews; and
(iii) provide for the suspension or termination of the assumption of responsibilities under this section.
(3) EFFECT ON ASSUMED RESPONSIBILITY- The duty of the Secretary under paragraph (2)(B) shall not be construed to limit or reduce any responsibility assumed by a recipient of grant amounts with respect to any particular release of funds.
(b) PROCEDURE- The Secretary shall approve the release of funds subject to the procedures authorized by this section only if, not less than 15 days prior to such approval and prior to any commitment of funds to such projects, the tribe has submitted to the Secretary a request for such release accompanied by a certification that meets the requirements of subsection (c). The approval of the Secretary of any such certification shall be deemed to satisfy the responsibilities of the Secretary under the National Environmental Policy Act of 1969 and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the releases of funds for projects to be carried out pursuant thereto that are covered by such certification.
(c) CERTIFICATION- A certification under the procedures authorized by this section shall--
(1) be in a form acceptable to the Secretary;
(2) be executed by the chief executive officer or other officer of the tribe under this Act qualified under regulations of the Secretary;
(3) specify that the tribe has fully carried out its responsibilities as described under subsection (a); and
(4) specify that the certifying officer--
(A) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or such other provisions of law apply pursuant to subsection (a); and
(B) is authorized and consents on behalf of the tribe and such officer to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities of the certifying officer as such an official.
(d) ENVIRONMENTAL COMPLIANCE- The Secretary may waive the requirements under this section if the Secretary determines that a failure on the part of a recipient to comply with provisions of this section—
(1) will not frustrate the goals of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) or any other provision of law that furthers the goals of that Act;
(2) does not threaten the health or safety of the community involved by posing an immediate or long-term hazard to residents of that community;
(3) is a result of inadvertent error, including an incorrect or incomplete certification provided under subsection (c)(1); and
(4) may be corrected through the sole action of the recipient.
(a) TRANSITION REQUIREMENTS-
(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Secretary shall, by notice issued in the Federal Register, establish any requirements necessary to provide for the transition (upon the effectiveness of this Act and the amendments made by this Act) from the provision of assistance for Indian tribes and Indian housing authorities under the United States Housing Act of 1937 and other related provisions of law to the provision of assistance in accordance with this Act and the amendments made by this Act.
(2) PUBLIC COMMENTS; GENERAL NOTICE OF PROPOSED RULEMAKING- The notice issued under paragraph (1) shall--
(A) invite public comments regarding such transition requirements and final regulations to carry out this Act; and
(B) include a general notice of proposed rulemaking (for purposes of section 564(a) of title 5, United States Code) of the final regulations under subsection (b).
(b) FINAL REGULATIONS-
(1) TIMING- The Secretary shall issue final regulations necessary to carry out this Act not later than September 1, 1997, and such regulations shall take effect not later than the effective date of this Act.
(2) NEGOTIATED RULEMAKING PROCEDURE-
(A) IN GENERAL- Notwithstanding sections 563(a) and 565(a) of title 5, United States Code, all regulations required under this Act, including any regulations that may be required pursuant to amendments made to this Act after the date of enactment of this Act, shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5, United States Code.
(B) COMMITTEE-
(i)
IN GENERAL- The
Secretary
Not later than 180 days after the date of enactment of the Native
American Housing Assistance and Self-Determination Reauthorization
Act of 2008 and any other Act to reauthorize this Act, the Secretary
shall establish a negotiated rulemaking committee, in accordance with
the procedures under that subchapter, for the development of proposed
regulations under subparagraph (A).
(ii) ADAPTATION- In establishing the negotiated rulemaking committee, the Secretary shall--
(I) adapt the procedures under the subchapter described in clause (i) to the unique government-to-government relationship between the Indian tribes and the United States, and shall ensure that the membership of the committee include only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes; and
(II) shall not preclude the participation of tribally designated housing entities should tribes elect to be represented by such entities.
(C) SUBSEQUENT NEGOTIATED RULEMAKING- The Secretary shall--
(i) initiate a negotiated rulemaking in accordance with this section by not later than 90 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this Act; and
(ii) promulgate regulations pursuant to this section by not later than 2 years after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this Act.
(D) REVIEW- Not less frequently than once every 7 years, the Secretary, in consultation with Indian tribes, shall review the regulations promulgated pursuant to this section in effect on the date on which the review is conducted.
(c) EFFECTIVE DATE- This section shall take effect on the date of the enactment of this Act.
Except as otherwise expressly provided in this Act, this Act and the amendments made by this Act shall take effect on October 1, 1997.
There
are authorized to be appropriated for grants under this title such
sums as may be necessary for each of fiscal years 1998,
1999, 2000, and 2001
1998
through 2007
2009
through 2013.
This section shall take effect on the date of the enactment of this
Act.
(a) PRIMARY OBJECTIVE- The national objectives of this Act are--
(1) to assist and promote 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) to ensure better access to private mortgage markets for Indian tribes and their members and to promote self-sufficiency of Indian tribes and their members;
(3) to coordinate 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) to plan for and integrate infrastructure resources for Indian tribes with housing development for tribes; and
(5) to promote the development of private capital markets in Indian country and to allow such markets to operate and grow, thereby benefiting Indian communities.
(b) ELIGIBLE FAMILIES-
(1)
IN GENERAL- Except as provided under paragraph
(2)
paragraphs (2) and (4), and
except with respect to loan guarantees under the demonstration
program under title VI, assistance
under eligible housing activities under this Act shall be limited to
low-income Indian families on Indian reservations and other Indian
areas.
(2)
EXCEPTION TO LOW-INCOME REQUIREMENT-
A
recipient may provide assistance for homeownership activities under
section 202(2), model activities under section 202(6), or loan
guarantee activities under title VI to Indian families who are not
low-income families, to the extent that the Secretary approves the
activities pursuant to such section or title because there is a need
for housing for such families that cannot reasonably be met without
such assistance.
(A)
EXCEPTION TO REQUIREMENT- Notwithstanding paragraph (1), a recipient
may provide housing or housing assistance through affordable housing
activities for which a grant is provided under this Act to any family
that is not a low-income family, to the extent that the Secretary
approves the activities due to a need for housing for those families
that cannot reasonably be met without that assistance. The
Secretary
(B) LIMITS- The Secretary shall establish limits on the amount of assistance that may be provided under this Act for activities for families who are not low-income families.
(3)
NON-INDIAN
ESSENTIAL
FAMILIES- Notwithstanding paragraph (1), a recipient may provide
housing or housing assistance provided through affordable housing
activities assisted with grant amounts under this Act for a
non-Indian
family on an Indian reservation or other Indian area if the recipient
determines that the presence of the family on the Indian reservation
or other Indian area is essential to the well-being of Indian
families and the need for housing for the family cannot reasonably be
met without such assistance.
(4) LAW ENFORCEMENT OFFICERS- A recipient may provide housing or housing assistance provided through affordable housing activities assisted with grant amounts under this Act for a law enforcement officer on an Indian reservation or other Indian area, if--
the officer—
(i) is employed on a full-time basis by the Federal Government or a State, county, or other unit of local government, or lawfully recognized tribal government; and
(ii) in implementing such full-time employment, is sworn to uphold, and make arrests for, violations of Federal, State, county, or tribal law; and
(B) the recipient determines that the presence of the law enforcement officer on the Indian reservation or other Indian area may deter crime.
(5) PREFERENCE FOR TRIBAL MEMBERS AND OTHER INDIAN FAMILIES- The Indian housing plan for an Indian tribe may require preference, for housing or housing assistance provided through affordable housing activities assisted with grant amounts provided under this Act on behalf of such tribe, to be given (to the extent practicable) to Indian families who are members of such tribe, or to other Indian families. In any case in which the applicable Indian housing plan for an Indian tribe provides for preference under this paragraph, the recipient for the tribe shall ensure that housing activities that are assisted with grant amounts under this Act for such tribe are subject to such preference.
(6)
EXEMPTION- Title VI of the Civil Rights Act of 1964 and title VIII of
the Civil Rights Act of 1968 shall not apply to actions by Indian
tribes
federally recognized tribes and the tribally designated housing
entities of those tribes under
this subsection
under this Act.
Affordable
housing activities under this title are activities, in accordance
with the requirements of this title, to
develop or to support
to
develop, operate, maintain, or support
affordable housing for rental or homeownership, or to provide housing
services with respect to affordable housing, through the following
activities:
(1) INDIAN HOUSING ASSISTANCE- The provision of modernization or operating assistance for housing previously developed or operated pursuant to a contract between the Secretary and an Indian housing authority.
(2)
DEVELOPMENT- The acquisition, new construction, reconstruction, or
moderate or substantial rehabilitation of affordable housing, which
may include real property acquisition, site improvement, development
of utilities
development
and rehabilitation of utilities, necessary infrastructure,
and utility services, conversion, demolition, financing,
administration and planning, improvement
to achieve greater energy efficiency, mold
remediation,
and other
related activities.
(3) HOUSING SERVICES- The provision of housing-related services for affordable housing, such as housing counseling in connection with rental or homeownership assistance, establishment and support of resident organizations and resident management corporations, energy auditing, activities related to the provision of self-sufficiency and other services, and other services related to assisting owners, tenants, contractors, and other entities, participating or seeking to participate in other housing activities assisted pursuant to this section.
(4) HOUSING MANAGEMENT SERVICES- The provision of management services for affordable housing, including preparation of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, the costs of operation and maintenance of units developed with funds provided under this Act, and management of affordable housing projects.
(5) CRIME PREVENTION AND SAFETY ACTIVITIES- The provision of safety, security, and law enforcement measures and activities appropriate to protect residents of affordable housing from crime.
(6) MODEL ACTIVITIES- Housing activities under model programs that are designed to carry out the purposes of this Act and are specifically approved by the Secretary as appropriate for such purpose.
(7) COMMUNITY DEVELOPMENT DEMONSTRATION PROJECT.—
(A) IN GENERAL.—Consistent with principles of Indian self-determination and the findings of this Act, the Secretary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes, tribal organizations, or tribal consortia are authorized to expend amounts received pursuant to the Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 in order to design, implement, and operate community development demonstration projects.
(B) STUDY.—Not later than 1 year after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Financial Services and the Committee on Resources of the House of Representatives.
(8) SELF-DETERMINATION ACT DEMONSTRATION PROJECT.—
(A) IN GENERAL.—Consistent with the provisions of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Secretary shall conduct and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes and tribal organizations are authorized to receive assistance in a manner that maximizes tribal authority and decision-making in the design and implementation of Federal housing and related activity funding.
(B) STUDY.—Not later than 1 year after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and Urban Affairs and the Committee on Indian Affairs of the Senate, and the Committee on Financial Services and the Committee on Resources of the House of Representatives.
(9) RESERVE ACCOUNTS-
(A) IN GENERAL- Subject to subparagraph (B), the deposit of amounts, including grant amounts under section 101, in a reserve account established for an Indian tribe only for the purpose of accumulating amounts for administration and planning relating to affordable housing activities under this section, in accordance with the Indian housing plan of the Indian tribe.
(B) MAXIMUM AMOUNT- A reserve account established under subparagraph (A) shall consist of not more than an amount equal to 1/4 of the 5-year average of the annual amount used by a recipient for administration and planning under paragraph (2).
(a) RENTS-
(1) ESTABLISHMENT- Subject to paragraph (2), 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.
(2) MAXIMUM RENT- In the case of any low-income family residing in a dwelling unit assisted with grant amounts under this Act, the monthly rent or homebuyer payment (as
applicable) for such dwelling unit may not exceed 30 percent of the monthly adjusted income of such family.
(b) MAINTENANCE AND EFFICIENT OPERATION- Each recipient who owns or operates (or is responsible for funding any entity that owns or operates) housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937 shall, using amounts of any grants received under this Act, reserve and use for operating assistance under section 202(1) such amounts as may be necessary to provide for the continued maintenance and efficient operation of such housing. This subsection may not be construed to prevent any recipient (or entity funded by a recipient) from demolishing or disposing of Indian housing referred to in this subsection, pursuant to regulations established by the Secretary.
(c) INSURANCE COVERAGE- Each recipient shall maintain adequate insurance coverage for housing units that are owned or operated or assisted with grant amounts provided under this Act.
(d) ELIGIBILITY FOR ADMISSION- Each recipient shall develop written policies governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this Act.
(e) MANAGEMENT AND MAINTENANCE- Each recipient shall develop policies governing the management and maintenance of housing assisted with grant amounts under this Act.
(f) USE OF GRANT AMOUNTS OVER EXTENDED PERIODS-
(1) IN GENERAL- To the extent that the Indian housing plan for an Indian tribe provides for the use of amounts of a grant under section 101 for a period of more than 1 fiscal year, or for affordable housing activities for which the amounts will be committed for use or expended during a subsequent fiscal year, the Secretary shall not require those amounts to be used or committed for use at any time earlier than otherwise provided for in the Indian housing plan.
(2) CARRYOVER- Any amount of a grant provided to an Indian tribe under section 101 for a fiscal year that is not used by the Indian tribe during that fiscal year may be used by the Indian tribe during any subsequent fiscal year.
(g) DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND SERVICES- Notwithstanding any other provision of law, a recipient shall not be required to act in accordance with any otherwise applicable competitive procurement rule or procedure with respect to the procurement, using a grant provided under this Act, of goods and services the value of which is less than $5,000.
(a) IN GENERAL- Subject to section 203 and the Indian housing plan for an Indian tribe, the recipient for that tribe shall have--
(1) the discretion to use grant amounts for affordable housing activities through equity investments, interest-bearing loans or advances, noninterest-bearing loans or advances, interest subsidies, leveraging of private investments, or any other form of assistance that the Secretary has determined to be consistent with the purposes of this Act; and
(2) the right to establish the terms of assistance.
(b) INVESTMENTS- A recipient may invest grant amounts for the purposes of carrying out affordable housing activities in investment securities and other obligations as approved by the Secretary.
(a) IN GENERAL- Housing shall qualify as affordable housing for purposes of this Act only if--
(1) each dwelling unit in the housing--
(A)
in the case of rental housing, is made available for occupancy only
by a family that is a low-income family at the time of their initial
occupancy of such unit; and
(B)
in the case of housing for homeownership, is made available for
purchase only by a family that is a low-income family at the time of
purchase; and
(B) in the case of a contract to purchase existing housing, is made available for purchase only by a family that is a low-income family at the time of purchase;
(C) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, is made available for lease-purchase only by a family that is a low-income family at the time the agreement is entered into; and
(D) in the case of a contract to purchase housing to be constructed, is made available for purchase only by a family that is a low-income family at the time the contract is entered into; and
(2) except for housing assisted under section 202 of the United States Housing Act of 1937 (as in effect before the date of the effectiveness of this Act), each dwelling unit in the housing will remain affordable, according to binding commitments satisfactory to the Secretary, for the remaining useful life of the property (as determined by the Secretary) without regard to the term of the mortgage or to transfer of ownership, or for such other period that the Secretary determines is the longest feasible period of time consistent with sound economics and the purposes of this Act, except upon a foreclosure by a lender (or upon other transfer in lieu of foreclosure) if such action--
(A) recognizes any contractual or legal rights of public agencies, nonprofit sponsors, or others to take actions that would avoid termination of low-income affordability in the case of foreclosure or transfer in lieu of foreclosure; and
(B) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary.
(b) EXCEPTION- Notwithstanding subsection (a), housing assisted pursuant to section 201(b)(2) shall be considered affordable housing for purposes of this Act.
(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.
With
respect to housing assisted with grant amounts provided under this
Act, the requirements of section 102(d) of the Department of Housing
and Urban Development Reform Act of 1989 shall be considered to be
satisfied upon certification by the Secretary
certification
by a recipient to the Secretary
that
the combination of Federal assistance provided to any housing project
the
housing project involved
is
not any more than is necessary to provide affordable housing.
(a) LEASES- Except to the extent otherwise provided by or inconsistent with tribal law, in renting dwelling units in affordable housing assisted with grant amounts provided under this Act, the owner or manager of the housing shall utilize leases that--
(1) do not contain unreasonable terms and conditions;
(2) require the owner or manager to maintain the housing in compliance with applicable housing codes and quality standards;
(3) require the owner or manager to give adequate written notice of termination of the lease, which shall be the period of time required under State, tribal, or local law;
(4) specify that, with respect to any notice of eviction or termination, notwithstanding any State, tribal, or local law, a resident shall be informed of the opportunity, prior to any hearing or trial, to examine any relevant documents, records, or regulations directly related to the eviction or termination;
(5) require that the owner or manager may not terminate the tenancy, during the term of the lease, except for serious or repeated violation of the terms or conditions of the lease, violation of applicable Federal, State, tribal, or local law, or for other good cause; and
(6) provide that the owner or manager may terminate the tenancy of a resident for any activity, engaged in by the resident, any member of the household of the resident, or any guest or other person under the control of the resident, that--
(A) threatens the health or safety of, or right to peaceful enjoyment of the premises by, other residents or employees of the owner or manager of the housing;
(B) threatens the health or safety of, or right to peaceful enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or
(C) is criminal activity (including drug-related criminal activity) on or off the premises.
(b)
TENANT
SELECTION
TENANT
AND HOMEBUYER SELECTION-
The owner or manager of affordable rental housing assisted with grant
amounts provided under this Act shall adopt and utilize written
tenant and
homebuyer
selection policies and criteria that--
(1) are consistent with the purpose of providing housing for low-income families;
(2) are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and
provide for—
(A) the selection of tenants and homebuyers from a written waiting list in accordance with the policies and goals set forth in the Indian housing plan for the tribe that is the grant beneficiary of such grant amounts; and
(B)
the prompt notification in writing of
any rejected applicant of the grounds for any rejection
to any rejected applicant of that rejection and the grounds for that
rejection.
(a)
PROVISION OF INFORMATION- Notwithstanding any other provision of law,
except as provided in paragraph
(2)
subsection (b),
the National Crime Information Center, police departments, and other
law enforcement agencies shall, upon request, provide information to
Indian tribes or tribally designated housing entities regarding the
criminal conviction records of applicants
for employment, and of adult
applicants for, or tenants of, housing assisted with grant amounts
provided to such tribe or entity under this Act for purposes of
applicant screening, lease enforcement, and eviction.
(b)
EXCEPTION- A law enforcement agency described in paragraph
(1)
subsection
(a)
shall provide
information under this paragraph relating to any criminal conviction
of a juvenile only
to the extent that the release of such information is authorized under the law of the applicable State, tribe, or locality.
(c) CONFIDENTIALITY- An Indian tribe or tribally designated housing entity receiving information under this section may use such information only for the purposes provided in this section and such information may not be disclosed to any person who is not an officer, employee, or authorized representative of the tribe or entity or the owner of housing assisted under this Act, and who has a job-related need to have access to the information for the purposes under this section. For judicial eviction proceedings, disclosures may be made to the extent necessary. The Secretary shall, by regulation, establish procedures necessary to ensure that information provided under this section to any tribe or entity is used, and confidentiality is maintained, as required under this section.
If
a recipient uses grant amounts to provide affordable housing under
activities
under this
title, and at any time during the useful life of the housing
the
housing the
recipient
does not comply
with the requirement under section 205(2)
205(a)(2),
the Secretary shall reduce
future grant payments on behalf of the grant beneficiary by an amount
equal to the grant amounts used for such housing (under the authority
under section 401(a)(2)) or require repayment to the Secretary of an
amount equal to such grant amounts
take appropriate action under section 401(a).
Any funds for programs for low-income housing under the United States Housing Act of 1937 that, on the date of the applicability of this Act to an Indian tribe, are owned by, or in the possession or under the control of, the Indian housing authority for the tribe, including all reserves not otherwise obligated, shall be considered assistance under this Act and subject to the provisions of this Act relating to use of such assistance.
Subtitle B—Self Determined Housing Activities for Tribal Communities
SEC. 231. PURPOSE.
The purpose of this subtitle is to establish a program for self-determined housing activities for the tribal communities to provide Indian tribes with the flexibility to use a portion of the grant amounts under section 101 for the Indian tribe in manners that are wholly self-determined by the Indian tribe for housing activities involving construction, acquisition, rehabilitation, or infrastructure relating to housing activities or housing that will benefit the community served by the Indian tribe.
SEC. 232. PROGRAM AUTHORITY.
(a) DEFINITION OF QUALIFYING INDIAN TRIBE- In this section, the term `qualifying Indian tribe' means, with respect to a fiscal year, an Indian tribe or tribally designated housing entity--
(1) to or on behalf of which a grant is made under section 101;
(2) that has complied with the requirements of section 102(b)(6); and
(3) that, during the preceding 3-fiscal-year period, has no unresolved significant and material audit findings or exceptions, as demonstrated in--
(A) the annual audits of that period completed under chapter 75 of title 31, United States Code (commonly known as the ‘Single Audit Act’); or
(B) an independent financial audit prepared in accordance with generally accepted auditing principles.
(b) AUTHORITY- Under the program under this subtitle, for each of fiscal years 2009 through 2013, the recipient for each qualifying Indian tribe may use the amounts specified in subsection (c) in accordance with this subtitle.
(c) AMOUNTS- With respect to a fiscal year and a recipient, the amounts referred to in subsection (b) are amounts from any grant provided under section 101 to the recipient for the fiscal year, as determined by the recipient, but in no case exceeding the lesser of--
(1) an amount equal to 20 percent of the total grant amount for the recipient for that fiscal year; and
(2) $2,000,000.
SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.
(a) ELIGIBLE HOUSING ACTIVITIES.—Any amounts made available for use under this subtitle by a recipient for an Indian tribe shall be used only for housing activities, as selected at the discretion of the recipient and described in the Indian housing plan for the Indian tribe pursuant to section 102(b)(6), for the construction, acquisition, or rehabilitation of housing or infrastructure in accordance with section 202 to provide a benefit to families described in section 201(b)(1).
(b) PROHIBITION ON CERTAIN ACTIVITIES.—Amounts made available for use under this subtitle may not be used for commercial or economic development.
SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.
(a) IN GENERAL.—Except as otherwise specifically provided in this Act, title I, subtitle A of title II, and titles III through VIII shall not apply to—
(1) the program under this subtitle; or
(2) amounts made available in accordance with this subtitle.
(b) APPLICABLE PROVISIONS.—The following provisions of titles I through VIII shall apply to the program under this subtitle and amounts made available in accordance with the subtitle:
(1) Section 101(c) (relating to local cooperation agreements).
(2) Subsections (d) and (e) of section 101 (relating to tax exemption).
(3) Section 101(j) (relating to Federal supply sources).
(4) Section 101(k) (relating to tribal preference in employment and contracting).
(5) Section 102(b)(4) (relating to certification of compliance).
(6) Section 104 (relating to treatment of program income and labor standards).
(7) Section 105 (relating to environmental review).
(8) Section 201(b) (relating to eligible families).
(9) Section 203(c) (relating to insurance coverage).
(10) Section 203(g) (relating to a de minimis exemption for procurement of goods and services).
(11) Section 206 (relating to treatment of funds).
(12) Section 209 (relating to noncompliance with affordable housing requirement).
(13) Section 401 (relating to remedies for noncompliance).
(14) Section 408 (relating to public availability of information).
(15) Section 702 (relating to 50-year leasehold interests in trust or restricted lands for housing purposes).
SEC. 235. REVIEW AND REPORT
(a) REVIEW.—During calendar year 2011, the Secretary shall conduct a review of the results achieved by the program under this subtitle to determine—
(1) the housing constructed, acquired or rehabilitated under the program;
(2) the effects of the housing described in paragraph (1) on costs to low-income families of affordable housing;
(3) the effectiveness of each recipient in achieving the results intended to be achieved, as described in the Indian housing plan for the Indian tribe; and
(4) the need for, and effectiveness of, extending the duration of the program and increasing the amount of grants under section 101 that may be used under the program.
(b) REPORT.—Not later than December 31, 2011, the Secretary shall submit to Congress a report describing the information obtained pursuant to the review under subsection (a) (including any conclusions and recommendations of the Secretary with respect to the program under this subtitle), including—
(1) recommendations regarding extension of the program for subsequent fiscal years and increasing the amounts under section 232(c) that may be used under the program; and
(2) recommendations for—
(A)
(i) specific Indian tribes or recipients that should be prohibited from participating in the program for failure to achieve results; and
(ii) the period for which such a prohibition should remain in effect; or
(B) standards and procedures by which Indian tribes or recipients may be prohibited from participating in the program for failure to achieve results.
(c) PROVISION OF INFORMATION TO SECRETARY.—Notwithstanding any other provision of this Act, recipients participating in the program under this subtitle shall provide such information to the Secretary as the Secretary may request, in sufficient detail and in a timely manner sufficient to ensure that the reviewer and report required by this section is accomplished in a timely manner.
For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this Act for the fiscal year, in accordance with the formula established pursuant to section 302, among Indian tribes that comply with the requirements under this Act for a grant under this Act.
(a)
ESTABLISHMENT- The
Secretary
(1) IN GENERAL.—The Secretary shall, by regulations issued not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, in the manner provided under section 106, establish a formula to provide for allocating amounts available for a fiscal year for block grants under this Act among Indian tribes in accordance with the requirements of this section.
(2) STUDY OF NEED DATA.—
(A) IN GENERAL.—The Secretary shall enter into a contract with an organization with expertise in housing and other demographic data collection methodologies under which the organization, in consultation with Indian tribes and Indian organizations, shall—
(i) assess existing data sources, including alternatives to the decennial census, for use in evaluating the factors for determination of need described in subsection (b); and
(ii) develop and recommend methodologies for collection data on any of those factors, including formula area, in any case in which existing data is determined to be insufficient or inadequate, or fails to satisfy the requirements of this Act.
(B) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available under expended.
(b) FACTORS FOR DETERMINATION OF NEED- The formula shall be based on factors that reflect the need of the Indian tribes and the Indian areas of the tribes for assistance for affordable housing activities, including the following factors:
(1)
The number of low-income housing dwelling units owned or operated at
the time pursuant to a contract between an Indian housing authority
for the tribe and the Secretary.
(1)
(A) The number of low-income housing dwelling units developed under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), pursuant to a contract between an Indian housing authority for the tribe and the Secretary, that are owned or operated by a recipient on the October 1 of the calendar year immediately preceding the year for which funds are provided, subject to the condition that such a unit shall not be considered to be a low-income housing dwelling unit for purposes of this section if—
(i) the recipient ceases to possess the legal right to own, operate, or maintain the unit; or
(ii) the unit is lost to the recipient by conveyance, demolition, or other means.
(B) If the unit is a homeownership unit not conveyed within 25 years from the date of full availability, the recipient shall not be considered to have lost the legal right to own, operate, or maintain the unit if the unit has not been conveyed to the homebuyer for reasons beyond the control of the recipient.
(C) If the unit is demolished and the recipient rebuilds the unit within 1 year of demolition of the unit, the unit may continue to be considered a low-income housing dwelling unit for the purposes of this paragraph.
(D) In this paragraph, the term ‘reasons beyond the control of the recipient’ means, after making reasonable efforts, there remain—
(i) delays in obtaining or the absence of title status reports;
(ii) incorrect or inadequate legal descriptions or other legal documentation necessary for conveyance;
(iii) clouds on title due to probate or intestacy or other court proceedings; or
(iv) any other legal impediment.
(E) Subparagraphs (A) through (D) shall not apply to any claim arising from a formula current assisted stock calculation or count involving an Indian housing block grant allocation for any fiscal year through fiscal year 2008, if a civil action relating to the claim is filed by not later than 45 days after the date of enactment of this subparagraph.
(2) The extent of poverty and economic distress and the number of Indian families within Indian areas of the tribe.
(3) Other objectively measurable conditions as the Secretary and the Indian tribes may specify.
(c) OTHER FACTORS FOR CONSIDERATION- In establishing the formula, the Secretary shall consider--
(1) the relative administrative capacities and other challenges faced by the recipient, including, but not limited to geographic distribution within the Indian area and technical capacity; and
(2) the extent to which terminations of assistance under title V will affect funding available to State recognized tribes.
(d) FUNDING FOR PUBLIC HOUSING OPERATION AND MODERNIZATION-
(1)
FULL FUNDING- The
formula
(A) IN GENERAL- Except with respect to an Indian tribe described in subparagraph (B), the formula shall provide that, if, in any fiscal year, the total amount made available for assistance under this Act is equal to or greater than the total amount made available for fiscal year 1996 for assistance for the operation and modernization of public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937, the amount provided for such fiscal year for each Indian tribe for which such operating or modernization assistance was provided for fiscal year 1996 shall not be less than the total amount of such operating and modernization assistance provided for fiscal year 1996 for such tribe.
(B) CERTAIN INDIAN TRIBES- With respect to fiscal year 2001 and each fiscal year thereafter, for any Indian tribe with an Indian housing authority that owns or operates fewer than 250 public housing units, the formula shall provide that if the amount provided for a fiscal year in which the total amount made available for assistance under this Act is equal to or greater than the amount made available for fiscal year 1996 for assistance for the operation and modernization of the public housing referred to in subparagraph (A), then the amount provided to that Indian tribe as modernization assistance shall be equal to the average annual amount of funds provided to the Indian tribe (other than funds provided as emergency assistance) under the assistance program under section 14 of the United States Housing Act of 1937 (42 U.S.C. 1437l) for the period beginning with fiscal year 1992 and ending with fiscal year 1997.
(2) PARTIAL FUNDING- The formula shall provide that, if, in any fiscal year, the total amount made available for assistance under this Act is less than the total amount made available for fiscal year 1996 for assistance for the operation and modernization of public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937, the amount provided for such fiscal year for each Indian tribe for which such operating or modernization assistance was provided for fiscal year 1996 shall not be less than the amount that bears the same ratio to the total amount available for assistance under this Act for such fiscal year that the amount of operating and modernization assistance provided for the tribe for fiscal year 1996 bears to the total amount made available for fiscal year 1996 for assistance for the operation and modernization of such public housing.
(e) EFFECTIVE DATE- This section shall take effect on the date of the enactment of this Act.
ACTIONS
BY SECRETARY AFFECTING GRANT AMOUNTS- Except
as provided
(1) IN GENERAL- Except as provided in subsection (b), if the Secretary finds after reasonable notice and opportunity for hearing that a recipient of assistance under this Act has failed to comply substantially with any provision of this Act, the Secretary shall--
(A) terminate payments under this Act to the recipient;
(B) reduce payments under this Act to the recipient by an amount equal to the amount of such payments that were not expended in accordance with this Act;
(C) limit the availability of payments under this Act to programs, projects, or activities not affected by such failure to comply; or
(D) in the case of noncompliance described in section 402(b), provide a replacement tribally designated housing entity for the recipient, under section 402.
If
the Secretary takes an action under paragraph (1), (2), or (3)
(2) SUBSTANTIAL NONCOMPLIANCE.—The failure of a recipient to comply with the requirements of section 302(b)(1) regarding the reporting of low-income dwelling units shall not, in itself, be considered to be substantial noncompliance for the purposes of this title.
(3)(2)
CONTINUANCE OF ACTIONS- If the Secretary takes an action under
subparagraph (A), (B), (C), of paragraph (1),
the Secretary shall continue such action until the Secretary
determines that the failure to comply has ceased.
(4)(3)
EXCEPTION FOR CERTAIN ACTIONS-
(A) IN GENERAL- Notwithstanding any other provision of this subsection, if the Secretary makes a determination that the failure of a recipient of assistance under this Act to comply substantially with any material provision (as that term is defined by the Secretary) of this Act is resulting, and would continue to result, in a continuing expenditure of Federal funds in a manner that is not authorized by law, the Secretary may take an action described in paragraph (1)(C) before conducting a hearing.
(B) PROCEDURAL REQUIREMENT- If the Secretary takes an action described in subparagraph (A), the Secretary shall--
(i) provide notice to the recipient at the time that the Secretary takes that action; and
(ii) conduct a hearing not later than 60 days after the date on which the Secretary provides notice under clause (i).
(C) DETERMINATION- Upon completion of a hearing under this paragraph, the Secretary shall make a determination regarding whether to continue taking the action that is the subject of the hearing, or take another action under this subsection.
NONCOMPLIANCE
BECAUSE OF TECHNICAL INCAPACITY- If
the Secretary
(1) IN GENERAL- If the Secretary makes a finding under subsection (a), but determines that the failure to comply substantially with the provisions of this Act--
(1)
is not
(A) is not
a pattern or
practice of activities constituting willful noncompliance, and
(2)
is a result
(B) is a result
of the limited capability or capacity of the recipient,
the Secretary may provide technical assistance for the recipient (directly or indirectly) that is designed to increase the capability and capacity of the recipient to administer assistance provided under this Act in compliance with the requirements under this Act, if the recipient enters into a performance agreement with the Secretary that specifies the compliance objectives that the recipient will be required to achieve by the termination date of the performance agreement.
(2) PERFORMANCE AGREEMENT- The period of a performance agreement described in paragraph (1) shall be for 1 year.
(3) REVIEW- Upon the termination of a performance agreement entered into under paragraph (1), the Secretary shall review the performance of the recipient that is a party to the agreement.
(4) EFFECT OF REVIEW- If, on the basis of a review under paragraph (3), the Secretary determines that the recipient--
(A) has made a good faith effort to meet the compliance objectives specified in the agreement, the Secretary may enter into an additional performance agreement for the period specified in paragraph (2); and
(B) has failed to make a good faith effort to meet applicable compliance objectives, the Secretary shall determine the recipient to have failed to comply substantially with this Act, and the recipient shall be subject to an action under subsection (a).
(c) REFERRAL FOR CIVIL ACTION-
(1) AUTHORITY- In lieu of, or in addition to, any action authorized by subsection (a), if the Secretary has reason to believe that a recipient has failed to comply substantially with any provision of this Act, the Secretary may refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted.
(2) CIVIL ACTION- Upon such a referral, the Attorney General may bring a civil action in any United States district court having venue thereof for such relief as may be appropriate, including an action to recover the amount of the assistance furnished under this Act that was not expended in accordance with it, or for mandatory or injunctive relief.
(d) REVIEW-
(1) IN GENERAL- Any recipient who receives notice under subsection (a) of the termination, reduction, or limitation of payments under this Act--
(A) may, not later than 60 days after receiving such notice, file with the United States Court of Appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the action of the Secretary; and
(B) upon the filing of any petition under subparagraph (A), shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation.
(2) PROCEDURE- The Secretary shall file in the court a record of the proceeding on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.
(3) DISPOSITION-
(A) COURT PROCEEDINGS- The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional evidence to be taken by the Secretary, and to be made part of the record.
(B) SECRETARY- The Secretary--
(i) may modify the findings of fact of the Secretary, or make new findings, by reason of the new evidence so taken and filed with the court; and
(ii) shall file--
(I) such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole; and
(II) the recommendation of the Secretary, if any, for the modification or setting aside of the original action of the Secretary.
(4) FINALITY- Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United State Code.
(a) AUTHORITY- As a condition of the Secretary making a grant under this Act on behalf of an Indian tribe, the tribe shall agree that, notwithstanding any other provision of law, the Secretary may, only in the circumstances set forth in subsection (b), require that a replacement tribally designated housing entity serve as the recipient for the tribe, in accordance with subsection (c).
(b) CONDITIONS OF REMOVAL- The Secretary may require such replacement tribally designated housing entity for a tribe only upon a determination by the Secretary on the record after opportunity for a hearing that the recipient for the tribe has engaged in a pattern or practice of activities that constitutes substantial or willful noncompliance with the requirements under this Act.
(c) CHOICE AND TERM OF REPLACEMENT- If the Secretary requires that a replacement tribally designated housing entity serve as the recipient for a tribe (or tribes)--
(1) the replacement entity shall be an entity mutually agreed upon by the Secretary and the tribe (or tribes) for which the recipient was authorized to act, except that if no such entity is agreed upon before the expiration of the 60-day period beginning upon the date that the Secretary makes the determination under subsection (b), the Secretary shall act as the replacement entity until agreement is reached upon a replacement entity; and
(2) the replacement entity (or the Secretary, as provided in paragraph (1)) shall act as the tribally designated housing entity for the tribe (or tribes) for a period that expires upon--
(A) a date certain, which shall be specified by the Secretary upon making the determination under subsection (b); or
(B) the occurrence of specific conditions, which conditions shall be specified in written notice provided by the Secretary to the tribe upon making the determination under subsection (b).
(a) ENFORCEABLE AGREEMENTS- Each recipient, through binding contractual agreements with owners and otherwise, shall ensure long-term compliance with the provisions of this Act. Such measures shall provide for (1) enforcement of the provisions of this Act by the grant beneficiary or by recipients and other intended beneficiaries, and (2) remedies for the breach of such provisions.
(b) PERIODIC MONITORING- Not less frequently than annually, each recipient shall review the activities conducted and housing assisted under this Act to assess compliance with the requirements of this Act. Such review shall include an appropriate level of onsite inspection of housing to determine compliance with applicable requirements. The results of each review shall be included in the performance report of the recipient submitted to the Secretary under section 404 and made available to the public.
(c) PERFORMANCE MEASURES- The Secretary shall establish such performance measures as may be necessary to assess compliance with the requirements of this Act.
(a) REQUIREMENT- For each fiscal year, each recipient shall--
(1) review the progress it has made during such fiscal year in carrying out the Indian housing plan (or plans) for the Indian tribes for which it administers grant amounts; and
(2) submit a report to the Secretary (in a form acceptable to the Secretary) describing the conclusions of the review.
(b) CONTENT- Each report under this section for a fiscal year shall--
(1) describe the use of grant amounts provided to the recipient for such fiscal year;
(2)
assess the relationship of such use to the goals
planned
activities
identified in the Indian housing plan of the grant beneficiary; and
(3)
indicate the programmatic accomplishments of the recipient.;
and
(4)
describe the manner in which the recipient would change its programs
as a result of its experiences.
(c) SUBMISSION- The Secretary shall establish dates for submission of reports under this section, and review such reports and make such recommendations as the Secretary considers appropriate to carry out the purposes of this Act.
(d) PUBLIC AVAILABILITY- A recipient preparing a report under this section shall make the report publicly available to the citizens in the jurisdiction of the recipient in sufficient time to permit such citizens to comment on such report prior to its submission to the Secretary, and in such manner and at such times as the recipient may determine. The report shall include a summary of any comments received by the grant beneficiary or recipient from citizens in its jurisdiction regarding its program.
(a)
ANNUAL REVIEW- The Secretary shall, not less than on an annual basis,
make such reviews and audits as may be necessary or appropriate to
determine--
(1)
whether the recipient has carried out its eligible activities in a
timely manner, has carried out its eligible activities and
certifications in accordance with the requirements and the primary
objectives of this Act and with other applicable laws, and has a
continuing capacity to carry out those activities in a timely manner;
(2)
whether the recipient has complied with the Indian housing plan of
the grant beneficiary; and
(3)
whether the performance reports under section 404 of the recipient
are accurate.
Reviews
under this section shall include, insofar as practicable, onsite
visits by employees of the Department of Housing and Urban
Development.
(b)
REPORT BY SECRETARY- The Secretary shall give a recipient not less
than 30 days to review and comment on a report under this subsection.
After taking into consideration the comments of the recipient, the
Secretary may revise the report and shall make the comments of the
recipient and the report, with any revisions, readily available to
the public not later than 30 days after receipt of the comments of
the recipient.
(c)
EFFECT OF REVIEWS- The Secretary may make appropriate adjustments in
the amount of the annual grants under this Act in accordance with the
findings of the Secretary pursuant to reviews and audits under this
section. The Secretary may adjust, reduce, or withdraw grant amounts,
or take other action as appropriate in accordance with the reviews
and audits of the Secretary under this section, except that grant
amounts already expended on affordable housing activities may not be
recaptured or deducted from future assistance provided on behalf of
an Indian tribe.
(a) REQUIREMENTS UNDER CHAPTER 75 OF TITLE 31, UNITED STATES CODE- An entity designated by an Indian tribe as a housing entity shall be treated, for purposes of chapter 75 of title 31, United States Code, as a non-Federal entity that is subject to the audit requirements that apply to non-Federal entities under that chapter.
(b) ADDITIONAL REVIEWS AND AUDITS-
(1) IN GENERAL- In addition to any audit or review under subsection (a), to the extent the Secretary determines such action to be appropriate, the Secretary may conduct an audit or review of a recipient in order to--
determine whether the recipient—
(i) has carried out--
(I) eligible activities in a timely manner; and
(II) eligible activities and certification in accordance with this Act and other applicable law;
(ii) has a continuing capacity to carry out eligible activities in a timely manner; and
(iii) is in compliance with the Indian housing plan of the recipient; and
(B) verify the accuracy of information contained in any performance report submitted by the recipient under section 404.
(2) ON-SITE VISITS- To the extent practicable, the reviews and audits conducted under this subsection shall include on-site visits by the appropriate official of the Department of Housing and Urban Development.
(c) REVIEW OF REPORTS-
(1) IN GENERAL- The Secretary shall provide each recipient that is the subject of a report made by the Secretary under this section notice that the recipient may review and comment on the report during a period of not less than 30 days after the date on which notice is issued under this paragraph.
(2) PUBLIC AVAILABILITY- After taking into consideration any comments of the recipient under paragraph (1), the Secretary—
may revise the report; and
not later than 30 days after the date on which those comments are received, shall make the comments and the report (with any revisions made under subparagraph (A)) readily available to the public.
(d) EFFECT OF REVIEWS- Subject to section 401(a), after reviewing the reports and audits relating to a recipient that are submitted to the Secretary under this section, the Secretary may adjust the amount of a grant made to a recipient under this Act in accordance with the findings of the Secretary with respect to those reports and audits.
SEC. 406. GAO AUDITS.
To the extent that the financial transactions of Indian tribes and recipients of grant amounts under this Act relate to amounts provided under this Act, such transactions may be audited by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller General. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such tribes and recipients pertaining to such financial transactions and necessary to facilitate the audit.
(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 a report that contains--
(1) a description of the progress made in accomplishing the objectives of this Act;
(2) a summary of the use of funds available under this Act during the preceding fiscal year; and
(3) a description of the aggregate outstanding loan guarantees under title VI.
(b) RELATED REPORTS- The Secretary may require recipients of grant amounts under this Act to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to make the report required by subsection (a).
Each recipient shall make any housing plan, policy, or annual report prepared by the recipient available to the general public.
(a) REPEAL OF TITLE II- Title II of the United States Housing Act of 1937 (42 U.S.C 1437aa et seq.) is hereby repealed.
(b) AMENDMENTS TO TITLE I- Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended--
(1) in section 3(b)--
(A)in paragraph (5)--
(i) in subparagraph (F) by inserting `and' after the semicolon at the end;
(ii) by striking subparagraph (G); and
(iii) by redesignating subparagraph (H) as subparagraph (G);
(B) in paragraph (6), by striking the last sentence;
(C) in paragraph (7)--
(i) by inserting `and' before `the Trust'; and
(ii) by striking `, and Indian tribes'; and
(D) by striking paragraphs (9), (10), (11), and (12);
(2) in section 5--
(A) in subsection (j)(1), by striking `(other than for Indian families)'; and
(B) by striking subsection (l);
(3) in section 6(b)(1), by striking `and public housing for Indians and Alaska Natives in accordance with the Indian Housing Act of 1988';
(4) in subsection 7, by striking subsection (l);
(5) in section 9(a)(1)(A), in the second sentence--
(A) by inserting `and' after the comma at the end of clause (i); and
(B) by striking `, and (iii)' and all that follows through `project is occupied';
(6) in section 14--
(A) in the section heading, by striking `AND INDIAN';
(B) in subsection (e)(1)(E)--
(i) in the matter preceding clause (i), by striking `(or Indian tribal official, if appropriate)';
(ii) in clause (i)--
(I) by striking `(or Indian tribal officials)'; and
(II) by striking `(or tenants of the Indian housing projects)'; and
(iii) in clause (ii), by striking `(or Indian tribe)';
(7) in section 16--
(A) in subsection (d)--
(i) by striking the paragraph designation for paragraph (1); and
(ii) by striking paragraph (2); and
(B) in subsection (e), by striking paragraph (3);
(8) in section 23(o), by striking paragraph (2);
(9) in section 24(h)(3), by striking `, except that it does not include any Indian housing authority';
(10) in section 25(m)(4), by striking `, except that it does not include Indian housing authorities'; and
(11) in section 26, in subsections (a)(1) and (b), by striking `(including an Indian housing authority)' each place it appears.
(c) AMENDMENTS TO TITLE III- Title III of the United States Housing Act of 1937 (42 U.S.C. 1437aaa et seq.) is amended--
(1) by striking the heading for the title and inserting the following:
(2) in section 306--
(A) in paragraph (1)(A), by striking `(including an Indian housing authority)'; and
(B) in paragraph (2)(A), by striking `or Indian'; and
(3) in section 307, by striking `and title II'.
(d) OTHER RELATED PROVISIONS-
(1) INDIAN HOUSING CHILD DEVELOPMENT- Section 519 of the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701z-6 note) is hereby repealed.
(2) PUBLIC HOUSING YOUTH SPORTS- Section 520 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 11903a) is amended--
(A) in subsection (b)--
(i) in paragraph (5), by inserting `and' after the semicolon at the end;
(ii) by striking paragraphs (6) and (7); and
(iii) by redesignating paragraph (8) as para-graph (6);
(B) in subsection (e)(2), by striking `Indian tribes,';
(C) in subsection (i)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively; and
(D) in subsection (l)(5)(B), by striking `units of general local government, and Indian housing authorities' and inserting `and Indian housing authorities'.
(3) ALLOCATION OF FUNDS- Section 213(d)(1)(B)(ii) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439) is amended by striking `and Indian'.
(a) TERMINATION OF ASSISTANCE- After September 30, 1997, financial assistance may not be provided under the United States Housing Act of 1937 or pursuant to any commitment entered into under such Act, for Indian housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority, unless such assistance is provided from amounts made available for fiscal year 1997 and pursuant to a commitment entered into before September 30, 1997. Any housing that is the subject of a contract for tenant-based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year thereafter be considered to be a dwelling unit under section 302(b)(1).
(b) TERMINATION OF RESTRICTIONS ON USE OF INDIAN HOUSING- After September 30, 1997, any housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937 shall not be subject to any provision of such Act or any annual contributions contract or other agreement pursuant to such Act, but shall be considered and maintained as affordable housing for purposes of this Act.
After September 30, 1997, financial assistance for rental housing assistance under the United States Housing Act of 1937 may not be provided to any Indian housing authority or tribally designated housing entity, unless such assistance is provided pursuant to a contract for such assistance entered into by the Secretary and the Indian housing authority before such date. Any such assistance provided pursuant to such a contract shall be governed by the provisions of the United States Housing Act of 1937 (as in effect before the date of the effectiveness of this Act) and the provisions of such contract.
(a) IN GENERAL- Subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899 et seq.) is amended--
(1) by redesignating section 460 as section 461; and
(2) by inserting after section 459 the following new section:
`Indian tribes, Indian housing authorities, and other agencies primarily serving Indians or Indian areas shall not be eligible applicants for amounts made available for assistance under this subtitle for fiscal year 1997 and fiscal years thereafter.'.
(b) APPLICABILITY- The amendments under subsection (a) shall apply with respect to amounts made available for assistance under subtitle D of title II of the Cranston-Gonzalez National Affordable Housing Act for fiscal year 1998 and fiscal years thereafter.
(a) IN GENERAL- Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended--
(1) in section 217(a)--
(A) in paragraph (1), by striking `reserving amounts under paragraph (2) for Indian tribes and after'; and
(B) by striking paragraph (2); and
(2) in section 288--
(A) in subsection (a), by striking `, Indian tribes,';
(B) in subsection (b), by striking `, Indian tribe,'; and
(C) in subsection (c)(4), by striking `, Indian tribe,'.
(b) APPLICABILITY- The amendments under subsection (a) shall apply with respect to amounts made available for assistance under title II of the Cranston-Gonzalez National Affordable Housing Act for fiscal year 1998 and fiscal years thereafter.
(a) MCKINNEY ACT PROGRAMS- Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended--
(1) in section 411, by striking paragraph (10);
(2) in section 412, by striking `, and for Indian tribes,';
(3) in section 413--
(A) in subsection (a)--
(i) by striking `, and to Indian tribes,'; and
(ii) by striking `, or for Indian tribes' each place it appears;
(B) in subsection (c), by striking `or Indian tribe'; and
(C) in subsection (d)(3)--
(i) by striking `, or Indian tribe' each place it appears; and
(ii) by striking `, or other Indian tribes,';
(4) in section 414(a)--
(A) by striking `or Indian tribe' each place it appears; and
(B) by striking `, local government,' each place it appears and inserting `or local government';
(5) in section 415(c)(4), by striking `Indian tribes,';
(6) in section 416(b), by striking `Indian tribe,';
(7) in section 422--
(A) by striking `Indian tribe,'; and
(B) by striking paragraph (3);
(8) in section 441--
(A) by striking subsection (g);
(B) in subsection (h), by striking `or Indian housing authority'; and
(C) in subsection (j)(1), by striking `, Indian housing authority';
(9) in section 462--
(A) in paragraph (2), by striking `, Indian tribe,'; and
(B) by striking paragraph (4); and
(10) in section 491(e), by striking `, Indian tribes (as such term is defined in section 102(a) of the Housing and Community Development Act of 1974),'.
(b) INNOVATIVE HOMELESS DEMONSTRATION- Section 2(b) of the HUD Demonstration Act of 1993 (42 U.S.C. 11301 note) is amended--
(1) in paragraph (3), by striking `unit of general local government', and `Indian tribe' and inserting `and `unit of general local government'; and
(2) in paragraph (4), by striking `unit of general local government (including units in rural areas), or Indian tribe' and inserting `or unit of general local government'.
(c) APPLICABILITY- The amendments under subsections (a) and (b) shall apply with respect to amounts made available for assistance under title IV of the Stewart B. McKinney Homeless Assistance Act and section 2 of the HUD Demonstration Act of 1993, respectively, for fiscal year 1998 and fiscal years thereafter.
(a) EXISTING RIGHTS AND DUTIES- Except as provided in sections 502 and 503, this Act may not be construed to affect the validity of any right, duty, or obligation of the United States or other person arising under or pursuant to any commitment or agreement lawfully entered into before October 1, 1997, under the United States Housing Act of 1937, subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, title II of the Cranston-Gonzalez National Affordable Housing Act, title IV of the Stewart B. McKinney Homeless Assistance Act, or section 2 of the HUD Demonstration Act of 1993.
(b) OBLIGATIONS UNDER REPEALED PROVISIONS- Notwithstanding the amendments made by this title, any obligation of the Secretary made under or pursuant to subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, title II of the Cranston-Gonzalez National Affordable Housing Act, title IV of the Stewart B. McKinney Homeless Assistance Act, or section 2 of the HUD Demonstration Act of 1993 shall continue to be governed by the provisions of such Acts (as in effect before the date of the effectiveness of the amendments made by this title).
Sections 502, 503, and 507 shall take effect on the date of the enactment of this Act.
SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.
Nothing in this Act or an amendment made by this Act prohibits or prevents any participating jurisdiction (within the meaning of the HOME Investment Partnerships Act (42 U.S.C. 12721 et seq.)) from providing any amounts made available to the participating jurisdiction under that Act (42 U.S.C. 12721 et seq.) to an Indian tribe or a tribally designated housing entity for use in accordance with that Act (42 U.S.C. 12721 et seq.).
(a) AUTHORITY- To such extent or in such amounts as provided in appropriations Acts, the Secretary may, subject to the limitations of this title (including limitations designed to protect and maintain the viability of rental housing units owned or operated by the recipient that were developed under a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937), and upon such terms and conditions as the Secretary may prescribe, guarantee and make commitments to guarantee, the notes or other obligations issued by Indian tribes or tribally designated housing entities with tribal approval, for the purposes of financing affordable housing activities described in section 202 and housing related community development activity as consistent with the purposes of this Act.
(b)
LACK OF FINANCING ELSEWHERE- A guarantee under this title may be used
to assist an Indian tribe or housing entity in obtaining financing
only if the Indian tribe or housing entity has made efforts to obtain
such financing without the use of such guarantee and cannot complete
such financing consistent with the timely execution of the program
plans without such guarantee.
(b) TERMS OF LOANS- Notes or other obligations guaranteed pursuant to this title shall be in such form and denominations, have such maturities, and be subject to such conditions as may be prescribed by regulations issued by the Secretary. The Secretary may not deny a guarantee under this title on the basis of the proposed repayment period for the note or other obligation, unless the period is more than 20 years or the Secretary determines that the period causes the guarantee to constitute an unacceptable financial risk.
(c) LIMITATION ON OUTSTANDING GUARANTEES- No guarantee or commitment to guarantee shall be made with respect to any note or other obligation if the total outstanding notes or obligations of the issuer guaranteed under this title (excluding any amount defeased under the contract entered into under section 602(a)(1)) would thereby exceed an amount equal to 5 times the amount of the grant approval for the issuer pursuant to title III.
(a) REQUIREMENTS ON ISSUER- To assure the repayment of notes or other obligations and charges incurred under this title and as a condition for receiving such guarantees, the Secretary shall require the Indian tribe or housing entity issuing such notes or obligations to--
(1) enter into a contract, in a form acceptable to the Secretary, for repayment of notes or other obligations guaranteed under this title;
(2) pledge any grant for which the issuer may become eligible under this Act;
(3) demonstrate that the extent of such issuance and guarantee under this title is within the financial capacity of the tribe and is not likely to impair the ability to use grant amounts under title I, taking into consideration the requirements under section 203(b); and
(4) furnish, at the discretion of the Secretary, such other security as may be deemed appropriate by the Secretary in making such guarantees, including increments in local tax receipts generated by the activities assisted under this Act or disposition proceeds from the sale of land or rehabilitated property.
(b) REPAYMENT FROM GRANT AMOUNTS- Notwithstanding any other provision of this Act--
(1) the Secretary may apply grants pledged pursuant to subsection (a)(2) to any repayments due the United States as a result of such guarantees; and
(2) grants allocated under this Act for an Indian tribe or housing entity (including program income derived therefrom) may be used to pay principal and interest due (including such servicing, underwriting, and other costs as may be specified in regulations issued by the Secretary) on notes or other obligations guaranteed pursuant to this title.
(c) FULL FAITH AND CREDIT- The full faith and credit of the United States is pledged to the payment of all guarantees made under this title. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations.
(d) Limitation on Percentage- A guarantee made under this title shall guarantee repayment of 95 percent of the unpaid principal and interest due on the notes or other obligations guaranteed.
The Secretary may make, and contract to make, grants, in such amounts as may be approved in appropriations Acts, to or on behalf of an Indian tribe or housing entity issuing notes or other obligations guaranteed under this title, to cover not to exceed 30 percent of the net interest cost (including such servicing, underwriting, or other costs as may be specified in regulations of the Secretary) to the borrowing entity or agency of such obligations. The Secretary may also, to the extent approved in appropriations Acts, assist the issuer of a note or other obligation guaranteed under this title in the payment of all or a portion of the principal and interest amount due under the note or other obligation, if the Secretary determines that the issuer is unable to pay the amount because of circumstances of extreme hardship beyond the control of the issuer.
The Secretary, in cooperation with eligible public entities, shall carry out training and information activities with respect to the guarantee program under this title.
(a)
AGGREGATE FISCAL YEAR LIMITATION- Notwithstanding any other provision
of law and subject only to the absence of qualified applicants or
proposed activities and to the authority provided in this title, to
the extent approved or provided in appropriations Acts, the Secretary
may enter into commitments to guarantee notes and obligations under
this title with an aggregate principal amount not to exceed
$400,000,000 for each of fiscal years 1997,
1998, 1999, 2000, and 2001
1997
through 2007
2009
through 2013.
(b)
AUTHORIZATION OF APPROPRIATIONS FOR CREDIT SUBSIDY- There are
authorized to be appropriated to cover the costs (as such term is
defined in section 502 of the Congressional Budget Act of 1974) of
guarantees under this title such sums as may be necessary for each of
fiscal years 1997,
1998, 1999, 2000, and 2001
1997
through 2007
2009
through 2013.
(c) AGGREGATE OUTSTANDING LIMITATION- The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary pursuant to this title shall not at any time exceed $2,000,000,000 or such higher amount as may be authorized to be appropriated for this title for any fiscal year.
(d) FISCAL YEAR LIMITATIONS ON TRIBES- The Secretary shall monitor the use of guarantees under this title by Indian tribes. If the Secretary finds that 50 percent of the aggregate guarantee authority under subsection (c) has been committed, the Secretary may--
(1) impose limitations on the amount of guarantees any one Indian tribe may receive in any fiscal year of $50,000,000; or
(2) request the enactment of legislation increasing the aggregate outstanding limitation on guarantees under this title.
This title shall take effect on the date of the enactment of this Act.
SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES.
(a) AUTHORITY-
(1) IN GENERAL- Subject to paragraph (2), to the extent and in such amounts as are provided in appropriation Acts, subject to the requirements of this section, and in accordance with such terms and conditions as the Secretary may prescribe, the Secretary may guarantee and make commitments to guarantee the notes and obligations issued by Indian tribes or tribally designated housing entities with tribal approval, for the purposes of financing activities carried out on Indian reservations and in other Indian areas that, under the first sentence of section 108(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308), are eligible for financing with notes and other obligations guaranteed pursuant to that section.
(2) LIMITATION- The Secretary may guarantee, or make commitments to guarantee, under paragraph (1) the notes or obligations of not more than 4 Indian tribes or tribally designated housing entities located in each Department of Housing and Urban Development Office of Native American Programs region.
(b) LOW-INCOME BENEFIT REQUIREMENT - Not less than 70 percent of the aggregate amount received by an Indian tribe or tribally designated housing entity as a result of a guarantee under this section shall be used for the support of activities that benefit low-income families on Indian reservations and other Indian areas.
(c) FINANCIAL SOUNDNESS-
(1) IN GENERAL- The Secretary shall establish underwriting criteria for guarantees under this section, including fees for the guarantees, as the Secretary determines to be necessary to ensure that the program under this section is financially sound.
(2) AMOUNTS OF FEES- Fees for guarantees established under paragraph (1) shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary, to maintain a negative credit subsidy for the program under this section, as determined based on the risk to the Federal Government under the underwriting requirements established under paragraph (1).
(d) TERMS OF OBLIGATIONS-
(1) IN GENERAL- Each note or other obligation guaranteed pursuant to this section shall be in such form and denomination, have such maturity, and be subject to such conditions as the Secretary may prescribe, by regulation.
(2) LIMITATION- The Secretary may not deny a guarantee under this section on the basis of the proposed repayment period for the note or other obligation, unless--
(A) the period is more than 20 years; or
(B) the Secretary determines that the period would cause the guarantee to constitute an unacceptable financial risk.
(e) LIMITATION ON PERCENTAGE- A guarantee made under this section shall guarantee repayment of 95 percent of the unpaid principal and interest due on the note or other obligation guaranteed.
(f) SECURITY AND REPAYMENT-
(1) REQUIREMENTS ON ISSUER- To ensure the repayment of notes and other obligations and charges incurred under this section and as a condition for receiving the guarantees, the Secretary shall require the Indian tribe or housing entity issuing the notes or obligations--
(A) to enter into a contract, in a form acceptable to the Secretary, for repayment of notes or other obligations guaranteed under this section;
(B) to demonstrate that the extent of each issuance and guarantee under this section is within the financial capacity of the Indian tribe; and
(C) to furnish, at the discretion of the Secretary, such security as the Secretary determines to be appropriate in making the guarantees, including increments in local tax receipts generated by the activities assisted by a guarantee under this section or disposition proceeds from the sale of land or rehabilitated property, except that the security may not include any grant amounts received or for which the issuer may be eligible under title I.
(2) FULL FAITH AND CREDIT-
(A) IN GENERAL- The full faith and credit of the United States is pledged to the payment of all guarantees made under this section.
(B) TREATMENT OF GUARANTEES-
(i) IN GENERAL- Any guarantee made by the Secretary under this section shall be conclusive evidence of the eligibility of the obligations for the guarantee with respect to principal and interest.
(ii) INCONTESTABLE NATURE- The validity of any such a guarantee shall be incontestable in the hands of a holder of the guaranteed obligations.
(g) TRAINING AND INFORMATION- The Secretary, in cooperation with Indian tribes and tribally designated housing entities, may carry out training and information activities with respect to the guarantee program under this section.
(h) LIMITATIONS ON AMOUNT OF GUARANTEES-
(1) AGGREGATE FISCAL YEAR LIMITATION- Notwithstanding any other provision of law, subject only to the absence of qualified applicants or proposed activities and to the authority provided in this section, and to the extent approved or provided for in appropriations Acts, the Secretary may enter into commitments to guarantee notes and obligations under this section with an aggregate principal amount not to exceed $200,000,000 for each of fiscal years 2009 through 2013.
(2) AUTHORIZATION OF APPROPRIATIONS FOR CREDIT SUBSIDY- There are authorized to be appropriated to cover the costs (as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a)) of guarantees under this section $1,000,000 for each of fiscal years 2009 through 2013.
(3) AGGREGATE OUTSTANDING LIMITATION- The total amount of outstanding obligations guaranteed on a cumulative basis by the Secretary pursuant to this section shall not at any time exceed $1,000,000,000 or such higher amount as may be authorized to be appropriated for this section for any fiscal year.
(4) FISCAL YEAR LIMITATIONS ON INDIAN TRIBES-
(A) IN GENERAL- The Secretary shall monitor the use of guarantees under this section by Indian tribes.
(B) MODIFICATIONS- If the Secretary determines that 50 percent of the aggregate guarantee authority under paragraph (3) has been committed, the Secretary may--
(i) impose limitations on the amount of guarantees pursuant to this section that any single Indian tribe may receive in any fiscal year of $25,000,000; or
(ii) request the enactment of legislation increasing the aggregate outstanding limitation on guarantees under this section.
(i) REPORT- Not later than 4 years after the date of enactment of this section, the Secretary shall submit to Congress a report describing the use of the authority under this section by Indian tribes and tribally designated housing entities, including--
(1) an identification of the extent of the use and the types of projects and activities financed using that authority; and
(2) an analysis of the effectiveness of the use in carrying out the purposes of this section.
(j) TERMINATION- The authority of the Secretary under this section to make new guarantees for notes and obligations shall terminate on October 1, 2013.
(a) DEFINITION OF ELIGIBLE BORROWERS TO INCLUDE INDIAN TRIBES- Section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1515z-13a) is amended--
(1) in subsection (a)--
(A) by striking `and Indian housing authorities' and inserting `, Indian housing authorities, and Indian tribes,'; and
(B) by striking `or Indian housing authority' and inserting `, Indian housing authority, or Indian tribe'; and
(2) in subsection (b)(1), by striking `or Indian housing authorities' and inserting `, Indian housing authorities, or Indian tribes'.
(b) NEED FOR LOAN GUARANTEE- Section 184(a) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(a)) is amended by striking `trust land' and inserting `lands or as a result of a lack of access to private financial markets'.
(c) IHP REQUIREMENT- Section 184(b)(2) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(2)) is amended by inserting before the period at the end the following: `that is under the jurisdiction of an Indian tribe for which an Indian housing plan has been submitted and approved pursuant to sections 102 and 103 of the Native American Housing Assistance and Self-Determination Act of 1996 that provides for the use of loan guarantees under this section to provide affordable homeownership housing in such areas'.
(d) LENDER OPTION TO OBTAIN PAYMENT UPON DEFAULT WITHOUT FORECLOSURE- Section 184(h) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(h)) is amended--
(1) in paragraph (1)(A)--
(A) in the first sentence of clause (i), by striking `in a court of competent jurisdiction'; and
(B) by striking clause (ii) and inserting the following:
`(ii) NO FORECLOSURE- Without seeking foreclosure (or in any case in which a foreclosure proceeding initiated under clause (i) continues for a period in excess of 1 year), the holder of the guarantee may submit to the Secretary a request to assign the obligation and security interest to the Secretary in return for payment of the claim under the guarantee. The Secretary may accept assignment of the loan if the Secretary determines that the assignment is in the best interests of the United States. Upon assignment, the Secretary shall pay to the holder of the guarantee the pro rata portion of the amount guaranteed (as determined under subsection (e)). The Secretary shall be subrogated to the rights of the holder of the guarantee and the holder shall assign the obligation and security to the Secretary.';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(e) LIMITATION OF MORTGAGEE AUTHORITY- Section 184(h)(2) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(h)(2)), as so redesignated by subsection (e)(3) of this section, is amended--
(1) in the first sentence, by striking `tribal allotted or trust land,' and inserting `restricted Indian land, the mortgagee or'; and
(2) in the second sentence, by striking `Secretary' each place it appears, and inserting `mortgagee or the Secretary'.
(f) LIMITATION ON OUTSTANDING AGGREGATE PRINCIPAL AMOUNT- Section 184(i)(5)(C) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)(C)) is amended by striking `1993' and all that follows through `such year' and inserting `1997, 1998, 1999, 2000, and 2001 with an aggregate outstanding principal amount note exceeding $400,000,000 for each such fiscal year'.
(g) AUTHORIZATION OF APPROPRIATIONS FOR GUARANTEE FUND- Section 184(i)(7) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(7)) is amended by striking `such sums' and all that follows through `1994' and inserting `such sums as may be necessary for each of fiscal years 1997, 1998, 1999, 2000, and 2001'.
(h) DEFINITIONS- Section 184(k) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(k)) is amended--
(1) in paragraph (4), by inserting after `authority' the following: `or Indian tribe';
(2) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the following new subparagraph:
`(A) is authorized to engage in or assist in the development or operation of--
`(i) low-income housing for Indians; or
`(ii) housing subject to the provisions of this section; and'; and
(B) by adding at the end the following:
`The term includes tribally designated housing entities under the Native American Housing Assistance and Self-Determination Act of 1996.'; and
(3) by striking paragraph (8) and inserting the following new paragraph:
`(8) TRIBE; INDIAN TRIBE- The term `tribe' or `Indian tribe' means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act of 1975.'.
(i) PRINCIPAL OBLIGATION AMOUNTS- Section 184(b)(5)(C) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(5)(C)) is amended by striking clause (i) and inserting the following new clause:
`(i) 97.75 percent of the appraised value of the property as of the date the loan is accepted for guarantee (or 98.75 percent if the value of the property is $50,000 or less); and'.
(j) AVAILABILITY OF AMOUNTS-
(1) REQUIREMENT OF APPROPRIATIONS- Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)) is amended by striking subparagraph (A) and inserting the following:
`(A) REQUIREMENT OF APPROPRIATIONS- The authority of the Secretary to enter into commitments to guarantee loans under this section shall be effective for any fiscal year to the extent or in such amounts as are or have been provided in appropriations Acts, without regard to the fiscal year for which such amounts were appropriated.'.
(2) COSTS- Section 184(i)(5)(B) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)(B)) is amended by adding at the end the following new sentence: `Any amounts appropriated pursuant to this subparagraph shall remain available until expended.'.
(k) GNMA AUTHORITY- The first sentence of section 306(g)(1) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1721(g)(1)) is amended by inserting before the period at the end the following: `; or guaranteed under section 184 of the Housing and Community Development Act of 1992'.
(a) AUTHORITY TO LEASE- Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, for housing development and residential purposes.
(b) TERM- Each lease pursuant to subsection (a) shall be for a term not exceeding 50 years.
(c) RULE OF CONSTRUCTION- This section may not be construed to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that--
(1) is conferred by or pursuant to any other provision of law; or
(2) provides for leases for any period exceeding 50 years.
(d) SELF-IMPLEMENTATION- This section is intended to be self-implementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705.
There
are authorized to be appropriated for assistance for a national
organization representing Native American housing interests for
providing training and technical assistance to Indian housing
authorities and tribally designated housing entities such sums as may
be necessary for each of fiscal years 1997,
1998, 1999, 2000, and 2001
1997
through 2007
2009
through 2013.
The Public and Assisted Housing Drug Elimination Act of 1990 (42 U.S.C. 11901 et seq.) is amended--
(1) in section 5123--
(A) by striking `(including Indian Housing Authorities)'; and
(B) by inserting `tribally designated housing entities,' before `and private'; and
(2) in section 5124(a)(7)--
(A) by inserting `or tribally designated housing entity' after `public housing agency'; and
(B) by striking `public housing' after nonprofit;
(3) in section 5125, by inserting `a tribally designated housing entity,' after `resident management corporation,'; and
(4) in section 5126--
(A) in paragraph (4)--
(i) in subparagraph (B), by striking `or' at the end;
(ii) in subparagraph (C), by striking the period at the end and inserting `; or'; and
(iii) by adding at the end the following new subparagraph:
`(D) the Native American Housing Assistance and Self-Determination Act.'; and
(B) by adding at the end the following new paragraph:
`(5) TRIBALLY DESIGNATED HOUSING ENTITY- The term `tribally designated housing entity' has the meaning given such term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996.'.
This title and the amendments made by this title (but not including the amendments made by section 704) shall take effect on the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Additional provisions from the NAHASDA Reauthorization Act of 2008 that did not amend NAHASDA:
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 remains in effect during the pendency of litigation or there is a settlement agreement which effects the end of litigation among the adverse parties.
SEC. 802. LIMITATION ON USE OF FUNDS.
No amounts made available pursuant to any authorization of appropriations under this Act, or under the amendments made by this Act, may be used to employ workers described in section 274A(h)(3)) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES OF DIFFERENT SIZES.
(a) IN GENERAL- The Comptroller General of the United States shall conduct a study of the effectiveness of the Native American Housing Assistance and Self-Determination Act of 1996 in achieving its purposes of meeting the needs for affordable housing for low-income Indian families, as compared to the programs for housing and community development assistance for Indian tribes and families and Indian housing authorities that were terminated under title V of such Act and the amendments made by such title. The study shall compare such effectiveness with respect to Indian tribes of various sizes and types, and specifically with respect to smaller tribes for which grants of lesser or minimum amounts have been made under title I of such Act.
(b) REPORT- Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate regarding the results and conclusions of the study conducted pursuant to subsection (a). Such report shall include recommendations regarding any changes appropriate to the Native American Housing Assistance and Self-Determination Act of 1996 to help ensure that the purposes of such Act are achieved by all Indian tribes, regardless of size or type.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | 1998 Amendments [P |
| Author | h45094 |
| File Modified | 0000-00-00 |
| File Created | 2021-01-16 |