[Senate Report 107-246]
[From the U.S. Government Publishing Office]
107th Congress Report
SENATE
2d Session 107-246
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NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996
_______
August 28, 2002.--Ordered to be printed
Filed under authority of the order of the Senate of July 29, 2002
_______
Mr. Inouye, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 1210]
The Committee on Indian Affairs, to which was referred the
bill (S. 1210) to reauthorize the Native American Housing
Assistance and Self-Determination Act of 1996, having
considered the same, reports favorably thereon with amendment
and recommends that the bill as amended do pass.
Purposes
The purpose of S. 1210 is to re-authorize the Native
American Housing Assistance and Self-Determination Act of 1996,
to improve the delivery of housing assistance to Indian tribes
in a manner that recognizes the right of tribal self-
governance, and for other purposes.
Background
The United States Housing Act of 1937 created the Public
Housing Program in order to provide decent and safe housing for
low-income families. For many years, this act was interpreted
to exclude Native Americans living in or near tribal areas. It
was not until the 1960's that Indian housing programs were
undertaken by the Public Housing Administration, the
predecessor of the Department of Housing and Urban Development
(HUD). Eventually, HUD assumed responsibility for Indian
housing programs and in 1988 the Indian Housing Act established
a separate Indian housing program with regulations specific to
this program.
Native American housing stock is often characterized as
``poor'' and substandard. In fact, Native American housing has
been found to be the worst in the nation and has been compared
to that of Third World countries.
The following statistics demonstrate the dire need for
additional housing stock and improvements in current housing
stock. As determined by the 1990 census, one out of every five
Indian homes lacks complete plumbing facilities. In addition, a
full forty percent (40%) of Native Americans residing on trust
land live in overcrowded or physically inadequate housing,
compared to six percent (6%) of the overall United States
population.\1\ Finally, the demand for Indian housing is
increasing as the Native American population continues to grow.
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\1\ Assessment of American Indian Housing Needs and Programs, Urban
Institute, May 1996.
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In 1996, the NAHASDA \2\ was enacted and became effective
on October 1, 1997. Building on the highly successful Indian
Self Determination and Education Assistance Act (ISDEAA) of
1975, as amended, 25 U.S.C. 450 et seq., which authorized
Indian tribes to assume responsibility for the administration
of many Federal programs and services, NAHASDA reflects the
unique government-to-government relationship between Indian
tribes and the Federal government.
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\2\ Native American Housing Assistance and Self-Determination Act
of 1996, Pub. L. 104-330, 25 U.S.C. Sec. 4104-4195 (Supp. 1996).
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Before passage of the NAHASDA, the planning, financing, and
building of Indian housing was largely determined by Federal
officials with scant input from the affected parties--the
Indians. NAHASDA was groundbreaking in that it established a
single, flexible block grant for Indian tribes or their
tribally-designated housing entities (TDHEs) to design and
administer housing assistance to tribal members. Tribes must
file annual audits and monitoring and oversight of the block
grant funding continues to be provided by HUD.
Section-by-Section Analysis
As introduced, S. 1210 provided a routine re-authorization
of the 1996 Act, as amended, through FY 2007. A section-by-
section description of the changes contained in the substitute
amendment is set out below.
Section 1. Short title
The short title for this legislation is the Native American
Housing and Self-Determination Reauthorization Act of 2001.
Sec. 2. Reauthorization
This legislation tracks the letter and spirit of the
NAHASDA in large part. In the findings of the original Act,
Congress found that the Federal government has a trust
responsibility for the protection and preservation of Indian
tribes; that there is a need for affordable homes in safe and
healthy environments; and that Congress should assist in the
goals of achieving economic self-sufficiency and self-
determination for tribes and their members. With this
legislation, the goals of the NAHASDA will be furthered with a
renewed emphasis on infrastructure and community development.
Sec. 3. Definitions
Section 4 of the Act is amended to include the following
definition:
``(22) Housing related community development.--The term
``housing related community development'' means a tribally-
owned and operated facility, business activity, or
infrastructure that is necessary to the direct construction of
reservation housing, and that would help the Indian tribe or
its tribally-designated housing authority reduce the cost of
construction of Indian housing or otherwise promote the
findings of this act. For purposes of this section, the term
``housing related community development'' shall not include
activities conducted by any Indian tribe under the provisions
of the Indian Gaming Regulatory Act 25 U.S.C. 2710 et seq. as
amended.
Sec. 4. Block grants and grant requirements
With regard to comprehensive housing and community
development planning, changes to this section would authorize
community development planning activities as part of NAHASDA's
administrative and planning expense category. The intent of the
Committee is to make NAHASDA funds available for purposes of
development a community master plan consisting of roads,
schools, businesses and recreational areas.
Sec. 5. Treatment of program income and labor standards
Currently, HUD views any revenue or income derived from
housing built using NAHASDA funds as ``program income''. In
turn, all program income must be expended before a tribe may
make further use of its NAHASDA funds.
Changes included in section 5 clarify that tribes or their
tribally-designated housing entities may expend NAHASDA funds
even if they are receiving program income from their
residential projects built using prior Indian housing funds.
Sec. 6. Regulations
This section clarifies NAHASDA as requiring that negotiated
rule-making procedures are applicable to regulations issued
pursuant to the 1996 Act as well as all amendments made to the
Act subsequent to 1996.
Sec. 7. Federal guarantees or financing for tribal housing activities
Changes included in section 7 remove the current
restriction that requires tribes or their TDHEs to seek
alternative financing before utilizing Title VI guaranteed loan
funds. These changes would similarly authorize Title VI funding
to be used for ``housing related or community development''.
Sec. 8. Feasibility studies to improve the delivery of housing
assistance in native communities
Section 8 requires that the Secretary undertake and
complete two feasibility studies: first, to determine whether a
community development demonstration project using NAHASDA funds
for strictly economic development purposes is feasible; and
second, whether NAHASDA funding should be made available to
tribes and tribal organizations in a manner consistent with the
provisions of the Indian Self Determination and Education
Assistance Act, 25 U.S.C. 450 et seq., in order to maximize
tribal authority and decision-making in the design and
implementation of housing activities.
Sec. 9. Insurance and housing contingencies
Section 9 amends the NAHASDA to provide an effective
Federal response to the life-threatening problems of black mold
which have rendered and may continue to render NAHASDA-assisted
housing uninhabitable. Section 9 proposes relief to address
black mold remediation and repair. This section authorizes the
development of appropriate protocols and construction practices
to be required in all NAHASDA-assisted housing to eliminate the
conditions that give rise to black mold. A report to Congress
on the effectiveness of the protocol implementation and
construction practices is required within one year of enactment
of this legislation.
Sec. 10. Native Hawaiian housing
Section 10 amends NAHASDA to authorize the Secretary of HUD
to enter into negotiated rulemaking with representatives of the
Office of Hawaiian Affairs (OHA) to determine the conditions
under which OHA may participate in the block grant assistance
program to provide affordable housing for low income Native
Hawaiians. The amendment also authorizes the Secretary to make
grants to OHA to carry out affordable housing activities for
Native Hawaiians and to require the submission of housing plans
by OHA to the Secretary.
Legislative History
The Native American Housing Assistance and Self-
Determination Reauthorization Act of 2002 (S. 1210) was
introduced on July 20, 2001, by Senator Campbell, for himself,
and for Senators Inouye, Burns and Johnson. Subsequent to July
20, Senators Akaka, Bingaman, Cantwell, Domenici, Inhofe,
Baucus, Daschle, Feingold and McCain were added as co-sponsors.
S. 1210 was referred to the Committee on Indian Affairs and a
hearing was held on the bill on February 13, 2002. On July 18,
2002, the Committee on Indian Affairs convened a business
meeting to consider S. 1210 and other measures that had been
referred to it, and on that date, the Committee favorably
reported a substitute amendment to S. 1210.
Committee Recommendation and Tabulation of Vote
On July 18, 2002, the Committee on Indian Affairs, in an
open business session, adopted an amendment in the nature of a
substitute to S. 1210 by voice vote and ordered the bill, as
amended, reported favorably to the Senate.
Cost and Budgetary Consideration
The cost estimate for S. 1210 as calculated by the
Congressional Budget Office, is set forth below:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 31, 2002.
Hon. Daniel K. Inouye,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1210, the Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Chad Chirico.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1210--Native American Housing Assistance and Self-Determination
Reauthorization Act of 2002
Summary: Programs under the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) were
authorized through 2001 and were continued in 2002 by the
Departments of Veterans Affairs and Housing and Urban
Development (HUD), and Independent Agencies Appropriations Act,
2002. Enacting S. 1210 would reauthorize these programs through
2007 and would authorize appropriations for HUD to develop
protocols and construction standards to eliminate black mold in
NAHASDA assisted properties.
CBO estimates that the bill would authorize total
appropriations of $669 million in 2003 and about $3.5 billion
over the 2003-2007 period, assuming that annual levels are
adjusted to keep pace with inflation. CBO estimates that
appropriations of those amounts would result in additional
outlays of $2.3 billion over the 2003-2007 period.
Enacting the bill would not affect direct spending or
receipts; therefore, pay-as-you-go procedures would not apply.
S. 1210 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1210 is shown in the following table.
The costs of this legislation fall within budget functions 600
(income security) and 370 (commerce and housing credit).
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By fiscal year, in millions of dollars--
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2002 2003 2004 2005 2006 2007
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SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority \1\.................................. 655 0 0 0 0 0
Estimated outlays..................................... 695 443 306 210 133 56
Proposed changes:
Block grants, Title VI loan guarantees, and technical
assistance:
Estimated authorization level......................... 0 661 675 689 702 716
Estimated outlays..................................... 0 240 380 482 568 647
Indian housing loan guarantees:
Estimated authorization level......................... 0 6 6 6 6 6
Estimated outlays..................................... 0 6 6 6 6 6
Develop protocols and construction practices:
Estimated authorization level......................... 0 2 0 0 0 0
Estimated outlays..................................... 0 2 0 0 0 0
Total proposed changes:
Estimated authorization level......................... 0 669 681 695 708 722
Estimated outlays..................................... 0 248 386 488 574 653
Spending under S. 1210:
Estimated authorization level......................... 655 669 681 695 708 722
Estimated outlays..................................... 695 691 692 698 707 709
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\1\ The 2002 level is the amount appropriated for that year for all programs authorized under NAHASDA, including
Native American Housing Block Grants, Title VI Loan Guarantees, Technical Assistance, and Title I Indian
Housing Loan Guarantees.
Basis of estimate: Block Grants, Title VI Loan Guarantees,
and Technical Assistance. Section 2 would authorize the
appropriation of such sums as necessary through 2007 for Native
American Housing Block Grants, Title VI loan guarantees, and
training and technical assistance. For 2002, $649 million was
appropriated for these purposes. Assuming inflation-adjusted
appropriations, CBO estimates that the bill would authorize
$3.4 billion for the 2003-2007 period, with outlays of $2.3
billion (from the new funding) over the same period.
Indian Housing Loan Guarantees. Section 2 also would
authorize the appropriation of such sums as necessary through
2007 for loan guarantees for Indian families, housing
authorities, and tribes. For 2002, $6 million was appropriated
for such loan guarantees. Assuming funded activities would
remain at similar levels, CBO estimates that implementing these
provisions would cost $6 million in 2003 and $30 million over
the next five years.
Develop Protocols and Construction Practices. Section 9
would authorize the appropriation of such sums as necessary to
develop and implement appropriate protocols and construction
practices to eliminate the conditions that give rise to black
mold and other cumulative maladies that render housing assisted
under NAHASDA dangerous or uninhabitable. This section would
also require HUD to complete and submit two reports to the
Congress on the extent of black mold infestation of Native
American housing and the effectiveness of the implementation of
the new protocols. Based on information from HUD, CBO estimates
that implementing this section would cost $2 million in 2003.
Pay as you go considerations: None.
Intergovernmental and private-sector impact: S. 1210
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. The bill would benefit any tribal
government receiving grants under this bill, and any costs they
incur would be voluntary.
Estimate prepared by: Federal costs: Chad Chirico and
Susanne S. Mehlman; impact on State, local, and tribal
governments: Greg Waring; impact on the private sector: Cecil
McPherson.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory paperwork impact that would be incurred
in implementing the legislation. The Committee has concluded
that enactment of S. 1210 will create only de minimis
regulatory or paperwork burdens.
Executive Communications
The Committee has received no official communication from
the Administration on the provisions of the bill.
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
enactment of S. 1210 will result in the following changes in 25
U.S.C. Sec. 4101 et seq., with existing language which is to be
deleted in black brackets and the new language to be added in
italic:
Short Title.--This Act may be cited as the Native American
Housing Assistance and Self-Determination Reauthorization Act
of 2002.
* * * * * * *
25 U.S.C. 4117
Authorization of Appropriations.--There are authorized to
be appropriated for grants under this title such sums as may be
necessary for each of fiscal years [1998, 1999, 2000, and
2001.] 1998 through 2007. This section shall take effect on the
date of the enactment of this Act.
* * * * * * *
25 U.S.C. 4195(a)
(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.
* * * * * * *
25 U.S.C. 4195(b)
(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.
* * * * * * *
25 U.S.C. 4212
Training and Technical Assistance.--There are authorized to
be appropriated for assistance for a national organization
representing Native American housing interests forproviding
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.
* * * * * * *
12 U.S.C. 1715z-13a(i)(5)(C)
(z-13a(i)(5)(C)) Limitation on Outstanding Aggregate
Principal Amount.--Subject to the limitations in subparagraphs
(A) and (B), the Secretary may enter into commitments to
guarantee loans under this section in each fiscal year with an
aggregate outstanding principal amount not exceeding such
amount as may be provided in appropriation Acts for [such
fiscal year.] each of fiscal years 1997 through 2007.
* * * * * * *
12 U.S.C. 1715z-13a(i)(7)
(z-13a(i)(7)) Authorization of Appropriations.--There are
authorized to be appropriated to the Guarantee Fund to carry
out this section such sums as may be necessary for [each fiscal
year.] each of fiscal years 1997 through 2007.
* * * * * * *
25 U.S.C. 4103
* * * * * * *
(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.)
* * * * * * *
25 U.S.C. 4111(h)
(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.
* * * * * * *
25 U.S.C. 4114(a)(1)
(a)(1) Authority To Retain.--[A recipient] Notwithstanding
any other provisions of this Act, a recipient may retain any
program income that is realized from any grant amounts under
this Act if--
* * * * * * *
25 U.S.C. 4114(a)(1)(B)
(a)(1)(B).--[(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.
* * * * * * *
25 U.S.C. 4114(a)(2)
(a)(2) Prohibition of Restricted Access or Reduction of
Grant.--The Secretary may not 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 recipients retains amounts described
in section 210[.]; or
(C) whether the recipient has expanded retained
program income for housing-related activities.
* * * * * * *
25 U.S.C. 4116(b)(2)(A)
(b)(2)(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.
* * * * * * *
25 U.S.C. 4191
Authority and Requirements.
(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 designed
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.]
[(c)] (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.
[(d)] (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.
* * * * * * *
25 U.S.C. 4132
* * * * * * *
(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.
(a) Development Protocols and Construction Practices.--The
Secretary of Housing and Urban Development, in cooperation with
Indian tribes, the National American Indian Housing Council,
AMERIND, other tribal organizations as appropriate, and experts
from the housing and construction sectors, shall develop
appropriate protocols and construction practices to eliminate,
to the maximum extent feasible, the conditions that give rise
to black mold and other cumulative maladies that render housing
assisted under this Act, dangerous or uninhabitable.
(b) Implementation of Protocols and Construction
Projects.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Housing and Urban Affairs, acting
through the Office of Healthy Homes and the Office of Native
American Programs, shall implement the protocols and
construction practices developed under subsection (a) in all
construction, renovation, and repair of housing assisted with
funds provided under this Act.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Housing and
Urban Affairs shall complete and submit to Congress a report
that details--
(1) the effectiveness of the implementation of the
protocols and construction practices; and
(2) whether statutory, regulatory, or administrative
changes need to be made to improve the effectiveness of
the efforts of the Department of Housing and Urban
Affairs to eliminate the conditions that give rise to
black mold and other cumulative maladies.
(d) Black Mold Infestation.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Housing and
Urban Development shall--
(1) complete a study on the extent of black mold
infestation of Native American housing in the United
States; and
(2) submit to Congress a report that describes
recommendations of the Secretary for means by which to
address the infestation.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
* * * * * * *
25 U.S.C. 4221
* * * * * * *
(10) Office of hawaiian affairs.--The term ``Office
of Hawaiian Affairs'' means the entity of that name
established under the Constitution of the State of
Hawaii.
SEC. 825. OFFICE OF HAWAIIAN AFFAIRS.
(a) In General.--The Secretary is authorized to enter into
negotiated rulemaking with representatives of the Office of
Hawaiian Affairs to--
(1) determine the conditions under which the
Secretary may make block grants under subsection (b)
and section 802 for affordable housing activities to
the Office of Hawaiian Affairs in the Office's capacity
as a housing entity;
(2) establish a process for the submission of a
housing plan to the Secretary to serve the needs of
low-income families to be served by the Office of
Hawaiian Affairs, and the requirements associated with
such a plan under subsection (c) and section 803;
(3) determine the lands upon which housing will be
constructed to serve the needs of low-income families;
(4) establish a process for the review of a housing
plan under section 804;
(5) address the treatment of program income and labor
standards consistent with the provisions of section
805;
(6) provide a process for environmental review
consistent with section 806;
(7) develop regulations under section 807;
(8) address the means by which the Office of Hawaiian
Affairs will carry out affordable housing activities
under section 809;
(9) establish criteria associated with eligible
affordable housing activities consistent with section
810;
(10) establish requirements for affordable housing
activities consistent with section 811;
(11) address the types of investments subject to
section 811 and an applicable housing plan approved
under section 803, consistent with section 812;
(12) establish requirements for low-income and income
targeting consistent with section 813;
(13) establish requirements for leases and tenant
selection consistent with section 814;
(14) provide for the conditions of repayment, an
annual allocation, and an allocation formula consistent
with sections 815, 816, and 817;
(15) provide for the monitoring of compliance and the
submittal of performance reports consistent with
sections 819 and 820;
(16) establish the terms and conditions for an annual
review and audit conducted by the Secretary consistent
with section 821; and
(17) provide for audits to be conducted by the
General Accounting Office consistent with section 822.
(b) Grant Authority.--For each fiscal year, the Secretary
shall, to the extent that amounts are made available to carry
out this section, make a grant under this title to the Office
of Hawaiian Affairs to carry out affordable housing activities
for Native Hawaiian families.
(c) Housing Plan.--The Secretary shall require the office
of Hawaiian Affairs to submit a housing plan under this section
for each fiscal year and provide for the review of each plan
submitted under this section.