[Senate Report 110-238]
[From the U.S. Government Publishing Office]
Calendar No. 526
110th Congress Report
SENATE
1st Session 110-238
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NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2007
_______
December 7, 2007.--Ordered to be printed
_______
Mr. Dorgan, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 2062]
The Committee on Indian Affairs, to which was referred the
bill (S. 2062) to amend the Native American Housing Assistance
and Self-Determination Act of 1996 to reauthorize that Act, and
for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill,
as amended, do pass.
Purpose
S. 2062, the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2007, would reauthorize
the primary Indian housing programs in Indian Country contained
in the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. Sec. 4101, et
seq.), for five years. S. 2062 would reauthorize programs in
the Department of Housing and Urban Development for housing
assistance for Native Americans and Alaska Natives and allow
grant recipients under these programs greater discretion in
tailoring their housing programs to meet their needs. S. 2062
would also amend NAHASDA to enhance the crucial services
provided under these programs. S. 2062 emphasizes tribal
authority to design, implement, and administer tribal housing
programs and confirms the federal government's commitment to
furthering tribal self-determination by acknowledging a tribe's
right to decide how housing, housing-related infrastructure and
development are made in its community.
The bill seeks to clarify existing law while removing
unnecessary statutory and regulatory burdens. The bill would
allow tribes to utilize their grant funding in innovative and
effective ways to address their distinct housing needs,
including the development of essential utilities and basic
infrastructure with the ultimate goal of creating more homes in
Indian Country.
The purpose of this bill is to reauthorize NAHASDA, which
provides Federal assistance for American Indian housing in
fulfillment of the federal government's trust responsibility to
Indian tribes. The primary purpose of NAHASDA was to
consolidate multiple housing programs into one formula block
grant that could be administered by Indian tribes in a manner
consistent with the right of tribal self-determination and
self-governance. Through these amendments to NAHASDA, the
Committee seeks to reduce unnecessary oversight, statutory, and
regulatory burdens and allow tribes more flexibility to develop
innovative programs to meet their housing needs while
maintaining adequate federal oversight. Many of these changes
are supported by both Indian tribes and the Administration.
In consulting with Indian tribes, the National American
Indian Housing Council, and the Department of Housing and Urban
Development, the Committee consistently heard that NAHASDA was
working for Indian Country. However, we also heard that
refinement was necessary so Indian tribes can maximize the
benefits of the program, especially given that funding for the
programs over the last couple of years has failed to keep up
with the rate of inflation, resulting in fewer program funds.
Suggestions included eliminating unnecessary bureaucracy by
allowing tribes to decide when they will use their funds for
operation and maintenance; housing-related infrastructure,
including utilities; and housing-related community development.
Background
The Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. Sec. 4101 et
seq.) transformed the system for providing housing assistance
to Indian tribes through the Department of Housing and Urban
Development (HUD). The Act restructured and streamlined HUD's
system of housing assistance to American Indians and Alaska
Natives by consolidating several separate HUD grant programs
into a single block grant distributed directly to tribes.
NAHASDA was signed into law in 1996, and was reauthorized in
2002 for five years.
As part of its unique trust relationship with Indian tribes
and individual Indians, the United States has historically
provided housing services to Indian people. The Snyder Act of
1921 (25 U.S.C. Sec. 13) authorized programs for the general
support of Indians, including housing assistance. However, a
study in the 1960's revealed that general federal housing
programs were not sufficiently addressing the housing needs in
Indian Country and American Indians were not being served in
any meaningful way. The study described a high number of sub-
standard and uninhabitable housing units in Indian Country. In
response to this study, the Public Housing Administration
determined that Indians on reservations and in certain other
areas were eligible to participate in the public housing
programs administered by HUD, pursuant to the United States
Housing Act of 1937.
In 1996, Congress determined that there was a need to
establish a comprehensive Indian housing program designed for
the specific needs of Indian tribes and individual Indians. The
result was the passage of NAHASDA. This law consolidated
numerous small, competitive grant programs for Indians under
one comprehensive block grant to be distributed to each tribe.
The goal of the law was to allow tribes more flexibility to
design housing programs that address the unique needs of their
communities. The law also allows tribes to leverage their
future block grants in order to obtain financing for current
projects.
GENERAL PRINCIPLES IN THE REAUTHORIZATION
Self-determination
Under the federal policy of Indian Self-Determination,
tribal control has significantly contributed to improving
housing and other services for Indian people. Meaningful
participation by tribes in administering their own Indian
Housing Block Grants and engaging in negotiated rulemaking is
the principal means of carrying out the Indian Self-
Determination policy.
In particular, through the new Self-Determined Housing
Activities Program contained in S. 2062, tribes will have
increased flexibility to design and modify their housing
programs, as well as formulate new ideas, concepts and
methodologies to determine how their housing programs or
services should be delivered to their own communities.
S. 2062 allows tribes to utilize their grant funds without
unnecessary HUD approval and requires the Agency to institute
negotiated rulemaking whenever the Act is reauthorized, amended
or enacted.
Efficiency
Reporting. Grant recipients and HUD are in agreement that
some current reporting requirements under NAHASDA are often
duplicative, unnecessary and burdensome. Therefore S. 2062
eliminates the five-year housing plan, and streamlines the one-
year housing plan. S. 2062 also allows grant recipients to
update their original one-year housing plan in subsequent years
in lieu of submission of a whole new plan.
Timeframes for Negotiated Rulemaking. S. 2062 includes
timeframes for when HUD must initiate and complete negotiated
rulemaking to ensure that regulations implementing amendments
to NAHASDA are adopted in a timely manner with tribal input.
Elimination of Unnecessary Administrative Oversight.
Importantly, S. 2062 eliminates unnecessary administrative
oversight. We heard from both Indian tribes and the
Administration that often times grant recipients are forced to
seek HUD approval for activities that HUD routinely approves
including use of funds for operation and maintenance of units,
mold remediation, housing-related infrastructure, utilities and
housing-related community development. S. 2062 eliminates this
unnecessary administrative step.
The Committee is particularly concerned with the lack of
utilities and housing-related infrastructure. Construction and
rehabilitation of homes does not only involve the structure
itself but must also be accompanied by development of utilities
and other infrastructure to support the unit. One of the main
complaints the Committee has heard from grant recipients is
their inability to provide these necessary services to support
their housing programs, oftentimes resulting in units remaining
vacant due to lack of utilities or infrastructure. Indian
housing differs greatly from public housing because it is not
usually located in or near urban areas and, therefore, does not
have access to necessary utilities and infrastructure.
Therefore, inclusion of these activities is important to the
success of Indian housing.
Allocation of resources
The Committee recognizes that over the last several years,
Indian housing programs under NAHASDA have been significantly
underfunded, and that funding levels have not kept up with
inflation. This problem is especially significant for small
tribes that receive minimum funding under the program and are
often unable to build a single home with their annual block
grant funds.
The shortage of resources has heightened the necessity to
accurately determine a tribal grant recipient's true housing
need so that funds are allocated to reflect this need. It is
the Committee's belief that this issue is best left for
resolution by the tribes and HUD through negotiated rulemaking.
In order to assist with resolution of this issue, S. 2062
includes language that directs the Secretary of HUD to contract
with an organization with expertise in housing data collection
methodologies to assess, in consultation with tribes and Indian
organizations, assess the existing data sources for determining
the ``need'' component of the block grant formula.
The purpose of this study is to provide data to assist in
developing a way to truly identify each tribe's housing needs,
including those tribes that own little or no land in trust or
restricted status, but have a demonstrated housing need.
NAHASDA was intended to provide housing funds to each federally
recognized Indian tribe and allow each tribe flexibility to
determine how best to address the housing needs of its members.
It is the Committee's hope that the data collected will assist
in developing solutions to the various problems faced by all
tribes.
Section-by-Section Analysis
The provisions of S. 2062 are the result of the Committee's
consultation with Indian tribes, the National American Indian
Housing Council, HUD and the National Congress of American
Indians. The bill reauthorizes NAHASDA for five years and
contains amendments to allow tribes or their tribally-
designated housing authorities (TDHEs) greater discretion in
administering their housing programs and eliminating
unnecessary regulatory burdens.
Section 1. Short title; table of contents
Provides the short title to the legislation ``Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2007.''
Section 2. Congressional findings
Congressional Findings (Amends Section 2 of current law):
Amends Section 2 of the Act to state that the federal
government shall work to provide housing assistance and 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 in a manner
that recognizes the right of Indian self-determination and
tribal self-governance. Given that the housing shortage in
Indian Country remains critically high, the Committee strongly
believes that all must be done to solve the severe housing
shortage.
Section 3. Definitions
Expansion of Definition of Housing Related Community
Development (Amends Section 4 of current law): While there is a
tremendous need for more homes in Indian Country, there is also
a great need for community buildings, such as day-care centers,
laundromats, and multi-purpose community centers. This
amendment will allow Indian tribes the flexibility to construct
buildings that foster a sustainable community and provide
multi-purpose communal spaces which are directly and
substantially related to providing housing.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Section 101. Block grants
Access to Federal Supply Sources (Amends Section 101 of
current law): This amendment would clarify the ability of
tribes to voluntarily access federal sources of supply for
goods, materials, services, and for lodging, airlines, and
other transportation providers in the same manner as under the
Indian Self-Determination and Education Assistance Act (25
U.S.C. Sec. 450 et seq.).
Tribal Preference in Employment and Contracting (Amends
Section 101 of current law): Currently under NAHASDA, Indian
tribes are able to institute Indian preference in hiring and
contracting; however, the Act is unclear whether or not tribal
preference is allowed. This amendment will clarify that a tribe
may also follow tribal preference in contracting and hiring.
Section 102. Indian housing plans
Streamlining of Reporting Requirements (Amends Section 102
of current law): Currently, an Indian tribe that receives
funding must submit to HUD both a five-year plan and an annual
plan so the agency can determine whether grant funds are being
utilized to meet the goals of the program. Amendments to this
section streamline these reporting requirements by eliminating
the five-year plan, duplicative reporting, and allowing the
tribe to align submission of its plan to the tribal program
year.
Section 103. Review of plans (Amends Section 103 of current law)
Conforming amendment allows for limited review of an Indian
housing plan under the new Self-Determined Housing Activities
Program created under Section 208 of this bill.
Section 104. Treatment of program income and labor standards
Low Income Housing Tax Credit Projects (Amends Section
104(a) of current law): This amendment provides that income
derived from low-income housing tax credit projects, initially
funded with NAHASDA funds, is not considered ``program income''
when the income is replacement funding to pay for construction
of projects funded by the sale of tax credits to a tax credit
investor. This technical change will enable grant recipients to
use these funds for other housing purposes, such as community
centers or other investments, without the need for HUD
approval.
Section 105.
Clarification of Negotiated Rulemaking Requirements (Amends
Section 106(b)(2) of current law): HUD has failed to institute
the negotiated rulemaking process in some instances where it
was necessary. These amendments seek to clarify that HUD must
institute negotiated rulemaking within 180 days whenever
Congress enacts, substantively amends, or reauthorizes NAHASDA.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Section 201. National objectives and eligible families
Inclusion of Rental Housing and Assistance for Essential
Families (Amends Section 201(b) of current law): Currently,
NAHASDA allows grant recipients to provide housing assistance
for homeownership activities, loan guarantee activities under
Title VI, and model activities, to non-Indian, over-income
families who are essential to the community, such as doctors,
dentists and other professionals.
In order to be ``essential to the community,'' the presence
of the over-income family must be essential to the well-being
of Indian families and the housing needs of these essential
families cannot reasonably be met without assistance. This
amendment would allow over-income families to also occupy
rental housing, receive tenant-based rental assistance, or
receive other forms of affordable housing services, in addition
to housing assistance currently available to these families.
Given the isolated locations of many Indian communities, it
is often difficult to recruit and retain health and other
professionals, due largely to the unavailability of housing.
This amendment seeks to assist tribes by allowing them to offer
this as a necessary incentive. In particular, the expansion to
permit rental assistance for such families is appropriate since
the families may be present for shorter durations.
Inclusion of Non-Low Income Indian Families in Essential
Family Exception (Amends Section 201(b) of current law):
Current law incorrectly only permits non low-income, non-Indian
families to receive housing assistance when they are essential
to the Indian community. This amendment would allow Indian
doctors, teachers, and others to be eligible for the same
assistance as a non-Indian professional who is essential to the
community. Indian professionals often have personal knowledge
of Indian communities and a deep commitment to serve these
communities long-term. It was not the intent of Congress to
exclude Indian families from being considered as essential to
the community and eligible for assistance under NAHASDA in the
same way as essential non-Indian families.
Clarification of Law Enforcement Exception (Amends Section
201(b) of current law): NAHASDA currently allows a grant
recipient to provide housing or housing assistance to law
enforcement officers. This amendment would clarify that the
officer may be employed by local governments as well as
federal, state and tribal governments.
Section 202. Eligible affordable housing activities
Expansion of Affordable Housing Activities (Amends Section
202 of current law): These amendments would provide a recipient
more flexibility under NAHASDA by allowing a recipient to
utilize funds for the operation, maintenance and rehabilitation
of rental and homeownership units, mold remediation, and
necessary housing-related infrastructure, such as much needed
utilities, without having to seek prior approval from HUD.
Reserve Accounts (Amends Section 202 of current law): This
new provision would allow grant recipients to engage in sound
financial planning by permitting them to keep three months'
worth of administrative and operating expenses in a reserve
account.
Section 203. Program requirements
Carry-Over Provision (Amends Section 203 of current law):
Under this new language, grant recipients would be allowed to
carry over those funds, not committed for use or expended, for
subsequent fiscal years. These funds are not subject to the
restrictions contained in Section 202(9) of the Act. Grant
recipients have requested this change, given the nature of
construction projects, which are often completed in subsequent
fiscal years.
Exemption for Procurement of Goods and Services under
$5,000 (Amends Section 203 of current law): Current law
requires grant recipients to solicit competitive bids for the
procurement of goods and services purchased with grant funding
regardless of the cost of such goods or services. This
amendment would provide a de minimis exception for goods and
services under $5,000, thus alleviating the administrative
burden of soliciting bids for nominal goods and services.
Section 204. Low-income requirement and income targeting
Period of Affordability (Amends Section 205 of current
law): This section would amend NAHASDA by adding a new
provision to limit the requirement for binding commitments to
keep the property as affordable housing during its useful life
(or affordability period) to only those units that are owned by
a tribe or TDHE.
This provision addresses the affordability period (or
useful life) of units owned by a grant recipient. Under current
law, all units with HUD assistance are required to have an
affordability period, including homeownership units that are
under a lease-purchase agreement between the housing entity and
the homebuyer. This creates a hardship if a homebuyer dies
before the lease purchase contract is completed, because the
unit may not be devised, bequeathed, or inherited by a family
member if the family member cannot qualify as low-income at the
time of the homebuyer's death. The amendment will limit
affordability periods to rental and homeownership units owned
and operated by a grant recipient, and provide that mandatory
affordability periods are not meant to include units with
lease-purchase agreements where the homebuyer will eventually
take title to the unit, and other types of units where the
housing entity's investment or assistance is limited.
Section 205. Treatment of funds
Low Income Tax Credit Program (Adds new Section 206 to
current law): An Indian tribe or its TDHE may use Indian
Housing Block Grant funds for a wide range of affordable
housing activities, including the provision of project-based or
tenant-based rental assistance for eligible families.
The low-income housing tax credit (LIHTC) program offers a
tax incentive to promote the development of affordable rental
housing. This tax credit encourages investment in affordable
housing by providing developers with a source of equity
investment in return for an agreement to keep rents at a level
that would be affordable for low-income families. The tax
credit is allocated competitively to private developers to
construct, acquire, or rehabilitate affordable rental housing.
Given the severe shortage of housing in Indian Country, it is
necessary to encourage construction, which this amendment seeks
to accomplish.
The federal tax credit is allocated over a 10-year period
using a formula that takes into account certain costs, called
the ``eligible basis.'' Generally, federal grants used in a
project reduce the eligible basis at a dollar-for-dollar rate.
However, the Internal Revenue Service (IRS) recognized that
certain types of federal rental assistance payments are not
federal grants that require a reduction in a building's
eligible basis (for example, payments made pursuant to section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437(f)).
However, rental assistance provided with Indian Housing Block
Grant funds has not been recognized by the IRS as assistance
that does not reduce the eligible basis.
Because it was the intent of Congress that IHBG funds
achieve similar goals as those under the 1937 Act, this
amendment would ensure that project-based and tenant-based
rental assistance provided with IHBG funds would not reduce the
eligible basis of a building or project, for LIHTC purposes.
Section 206. Availability of records
Access to National Crime Information Center for Employment
Applicants (Amends Section 208(a) of current law): NAHASDA
currently allows a grant recipient to access the criminal
records of applicants for housing or tenants under the Act.
This amendment will allow grant recipients to access criminal
records for tribal housing employees also. Grant recipients
have requested this change because often times these employees
have access to premises where children are present.
Section 207. Self-Determined Housing Activities for Tribal Communities
Program
Self-Determined Housing Activities (Adds new Sections 231-
235 to current law): This amendment would create a new housing
program under NAHASDA that would allow grant recipients greater
discretion in providing housing, housing-related activities
(including utilities and other infrastructure) and housing-
related community development. Under the program, a grant
recipient who has been audit-free for three years may use up to
20% or $2 million of its block grant funds for housing and
housing-related activities. Reporting requirements and HUD
oversight are significantly reduced under this program to allow
a grant recipient the discretion to use a portion of its
NAHASDA funds in a manner that is truly self-determined. This
program is an important step in recognizing that the grant
recipient is the best at determining the needs of its community
and utilizing its grant funds to meet those unique needs.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Section 301. Allocation formula
Study of Need Data (Amends Section 302 of current law):
This amendment would direct the Secretary of HUD to contract
with an organization with expertise in housing data collection
methodologies to assess, in consultation with tribes and Indian
organizations, the existing data sources for determining the
``need'' component of the block grant formula.
Currently, there is disagreement among Indian tribes
regarding how the ``need'' component of the formula is
calculated. The controversy is over the use of data collected
by the Census Bureau that is used when calculating each tribe's
``need'' portion of the formula. The data gathered by the
Census Bureau allows an individual to check multiple categories
of race. The self-reported data is then categorized as
individuals who are ``single race'' or ``multi-race''.
Depending on which category of data is used, a tribe's funding
under the formula can change. It is unlikely that individuals
know how their decision regarding race will be used in
calculating the housing needs for their tribe.
Congress has implemented a short-term remedy to account for
an individual's self-identification by directing HUD to
calculate the need component of the formula based on the
category of data that gives each tribe the highest amount of
funding. However, due to insufficient funding, all tribes have
received a cut in their funds. All interested parties are
unsatisfied with this result, but tribes have yet to come to
consensus on how to resolve the issue.
This study is authorized with the hope of providing Indian
tribes with a tool to resolve this issue and to assist in
developing a way to truly identify Indian Country's and
individual grant recipients' housing needs, including those
recipients who are landless but have a demonstrated housing
need.
Clarification of Units Eligible Under Funding Formula
(Amends Section 302 of current law): This amendment clarifies
that conveyed units or other units no longer owned or operated
by a grant recipient as affordable housing, including those
units the recipient no longer has the legal right to own,
operate or maintain, may not be counted in the funding formula.
This not only includes conveyed units but those units that are
required to be conveyed based on the homebuyer agreement; units
demolished and not rebuilt within a specific time frame; or
units no longer being operated as low-income units. Conveyance
of each homeownership unit should occur as soon as possible
after a unit becomes eligible for conveyance based on the terms
of the Agreement. The recipient has not lost the legal right to
own, operate or maintain the unit if it has not been conveyed
for reasons beyond the control of the recipient, as enumerated
in the provision.
A 2001 HUD Office of Inspector General audit report
identified the need for removal of these ineligible units from
the funding formula calculations. In response, the majority of
those grant recipients who had included ineligible units in
their count have paid or are in the process of paying back
these funds. This funding formula was developed by Indian
tribes through negotiated rulemaking, and recently reaffirmed
in 2007, to ensure that the funding is allocated based on need.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
Section 401. Remedies for non-compliance
Clarification on Availability of Administrative Hearing
(Amends Section 401(a) of current law): Under this amendment,
if a grant recipient is required to relinquish overpaid funds
due to the inclusion of housing units deemed ineligible under
Section 301, the action does not constitute substantial non-
compliance by the grantee and does not automatically trigger a
formal administrative hearing process. This amendment has been
included due to the significant amount of time and resources
involved in a hearing, which may not be necessary when a grant
recipient is otherwise in compliance with the requirements of
the Act.
Section 402. Monitoring of compliance
Appropriate Level of Monitoring of Compliance (Amends
Section 403(b) of current law): HUD is authorized under the Act
to conduct on-site inspections of a grantee's housing programs
and units to assess the program's compliance with the Act.
There is concern that some regional HUD offices have been
conducting inappropriate and costly inspections, while other
regional offices fulfill this requirement in an effective and
reasonable manner. Given this inconsistency among regions, this
amendment would clarify that HUD is only to conduct an
appropriate level of on-site inspections.
Section 403. Performance reports (Amends Section 404(b) of current law)
This section makes necessary technical amendments to annual
reporting requirements.
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
Section 501. Effect on Home Investment Partnerships Act
Clarification of Eligibility for HOME Program Assistance
(Adds new Section 509 to current law): This amendment clarifies
that NAHASDA grant recipients are still eligible for the
benefits of the HOME Assistance Program administered through
states. HOME Assistance has the potential to provide a much-
needed source of funding for Indian housing purposes.
TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES
Section 601. Demonstration program for guaranteed loans to finance
Tribal Community and Economic Development Activities
Expansion of Title VI Demonstration Project (Adds new
Section 606 to current law): Title VI of NAHASDA currently
allows grant recipients to borrow or issue bond debt up to five
times their annual NAHASDA allocation for housing purposes
described in the Act. This amendment would establish a five-
year demonstration program which would allow grant recipients
to access vital economic development and infrastructure
programs, while requiring that NAHASDA funds remain for their
original intended housing purposes.
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Section 701. Training and technical assistance (Amends Section 703 of
current law)
Reauthorizes such sums as necessary for a national non-
profit Indian organization that represents the interests of
Indian tribes, Indian housing authorities, and tribally
designated housing entities throughout the United States, to
provide training and technical assistance. In order to receive
such funds, the organization must have at least 30 years of
experience in representing the housing interests of Indian
tribes and tribal housing entities throughout the United
States.
TITLE VIII--FUNDING
Section 801. Authorization of appropriations (Amends Sections 108, 605,
703 of current law)
Reauthorizes NAHASDA from FY2008 through FY2012 by amending
Sections 108, 605, 703 of the Act.
Section 802. Funding conforming amendments
Methamphetamine use has reached epidemic levels in Indian
Country and has negatively impacted tribal communities. The
primary purpose of this provision is to authorize funding for
methamphetamine remediation in tribal housing.
Legislative History
On September 18, 2007, Senators Dorgan, Reid, Murkowski,
Inouye, Johnson, Cantwell, Tester, Bingaman, and Domenici
introduced S. 2062, the Native American Housing Assistance and
Self-Determination Reauthorization Act of 2007. Senator
Stabenow was added as a co-sponsor on October 29, 2007.
Hearings were held preceding introduction on March 22, 2007
and July 19, 2007. The Committee held an open business meeting
on September 27, 2007, at which it voted to favorably report S.
2062 to the full Senate with a recommendation that the bill do
pass.
Committee Recommendation and Tabulation of Vote
On September 27, 2007, the Committee on Indian Affairs
convened a business meeting to consider S. 2062 and other
measures, and voted to have the bill favorably reported to the
full Senate, without amendment, with recommendation that the
bill do pass.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated October 24, 2007, was
prepared for S. 2062:
S. 2062--Native American Housing Assistance and Self-Determination
Reauthorization Act of 2007
Summary: S. 2062 would reauthorize the Native American
Block Grant program and would authorize the appropriation of
such sums as are necessary for that program for each of fiscal
years 2008 through 2012. In addition, the bill would
reauthorize the loan program under Title VI of the Native
American Housing Assistance and Self-Determination Act of 1996
for fiscal years 2008 through 2012, and authorize a new loan
guarantee demonstration program to finance tribal community and
economic development activities. CBO estimates that
implementing S. 2062 would cost about $2.2 billion over the
2008-2012 period, assuming the appropriation of the necessary
amounts.
The Joint Committee on Taxation (JCT) estimates that
enacting S. 2062 would reduce revenues by $1 million over the
2008-2012 period and by $6 million over the next 10 years by
changing how Native American Block Grant funds are treated when
awarding Low Income Housing Credits. In addition, CBO estimates
that the bill would increase direct spending by less than
$500,000 per year by allowing the Treasury Forfeiture Fund to
be used to make payments to Indian tribes to cover costs to
clean up areas used as methamphetamine laboratories.
S. 2062 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2062 is shown in Table 1. The costs of
this legislation fall within budget functions 450 (community
and regional development) and 600 (income security).
Basis of estimate: For this estimate, CBO assumes that S.
2062 will be enacted by the end of calendar year 2007, that the
amounts necessary to implement the bill will be appropriated
for each year, and that outlays will follow historical
patterns. Components of the estimated costs are described
below.
Spending subject to appropriation
In total, CBO estimates that S. 2062 would authorize the
appropriation of $639 million in 2008 and $3.3 billion over the
2008-2012 period. Appropriation of those amounts would result
in estimated outlays of $2.2 billion over the next five years.
Native American Housing Block Grants. Section 801 would
authorize the appropriation of such sums as are necessary for
the Native American Housing Block Grant program from 2008
through 2012. The block grant program provides funding to
tribes to acquire, construct, rehabilitate, or manage
affordable housing for Native American families with low
incomes. In 2007, $622 million was appropriated for this
program. Assuming continued funding at that level after
adjusting for anticipated inflation, CBO estimates that
implementing this section would cost $2.2 billion over the
2008-2012 period.
Title VI Loan Guarantees. Section 801 would extend the
authorization of the Title VI loan guarantee program through
2012. Such guarantees allow Native American Block Grant
recipients to leverage their funding by pledging future grants
as security for the repayment of a loan. A private lender
provides the financing and the Department of Housing and Urban
Development (HUD) provides a 95 percent guarantee of the
principal and interest due in the case of a default. The size
of the Title VI loans can be no larger than five times the
grant recipient's annual grant amount. HUD estimates this
program currently has a subsidy rate of about 12 percent. In
2007, the program received an appropriation for subsidy costs
of $2 million, which will support about $17 million in loans.
Assuming appropriation of similar amounts, CBO estimates that
implementing this section would cost $10 million for additional
subsidy costs through 2012.
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 2062
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------
2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION\1\
Native American Housing Block Grants:
Estimated Authorization Level........................ 634 645 657 669 680
Estimated Outlays.................................... 231 362 459 541 616
Title VI Loan Guarantees:
Estimated Authorization Level........................ 2 2 2 2 2
Estimated Outlays.................................... 2 2 2 2 2
Training and Technical Assistance:
Estimated Authorization Level........................ 1 1 1 1 1
Estimated Outlays.................................... 1 1 1 1 1
Loan Guarantee Demonstration:
Estimated Authorization Level........................ 1 1 1 1 1
Estimated Outlays.................................... 0 1 1 1 1
Study of Need:
Estimated Authorization Level........................ 1 0 0 0 0
Estimated Outlays.................................... 1 0 0 0 0
Total Changes:
Estimated Authorization Level.................... 639 649 661 673 684
Estimated Outlays................................ 235 366 463 545 620
----------------------------------------------------------------------------------------------------------------
\1\Enacting the bill also would affect revenues and direct spending. According to the Joint Committee on
Taxation, revenues would decline by $1 million over the 2008-2012 period and $6 million over the 2008-2017
period as shown in Table 2. Direct spending would increase under the bill by less than $500,000 each year over
the 10-year period.
There have been few losses to date in the Title VI program;
however, repayment of these loans have been funded by federal
grants. As a result, the actual cost to the government is borne
by the grant program. It is uncertain what the cost of these
loans would be in the absence of the grant program, but it
likely would be higher, perhaps substantially.
Training and Technical Assistance. Section 701 would
authorize the appropriation of such sums as necessary for the
2008-2012 period to fund a national organization that
represents the housing interests of Native Americans to provide
training and technical assistance to Indian housing
authorities. Such assistance is intended to build the housing
authorities' capacity to administer housing programs in
accordance with federal regulations. In 2006, the most recent
year in which funds were provided, $1 million was appropriated
to be used by the National American Indian Housing Council for
these purposes. Assuming appropriation of similar amounts, CBO
estimates that implementing this section would cost $5 million
through 2012.
Loan Guarantee Demonstration. Title VI of the bill would
establish a pilot program within HUD to guarantee 95 percent of
the value of loans or bonds issued by Indian tribes and other
entities for certain economic development purposes. Eligible
projects would include acquiring and rehabilitating improved or
unimproved property, constructing and rehabilitating housing,
and assisting private entities engaged in neighborhood
revitalization, job-creation, and other economic development
activities.
The bill would authorize the appropriation of such sums as
are necessary for the subsidy cost of guaranteeing up to $200
million in borrowing per year (with no more than $1 billion
outstanding at any given time). CBO estimates this new loan
guarantee program would have a 2 percent to 3 percent subsidy
cost. That estimate is based on historical data for comparable
HUD programs, such as the Indian and Native Hawaiian Housing
Loan Guarantee programs and the Section 108 guarantee program.
Those programs require borrowers to secure debt with local tax
receipts or funds received from federal grant programs. Under
H.R. 2786, each borrower would be charged a fee to fully offset
the subsidy cost of its loan guarantee--resulting in no
significant net cost to the federal government.
Based on expected demand and historical spending patterns
of similar programs, CBO estimates that administering this new
program would cost about $4 million over the 2008-2012 period,
subject to appropriation of the necessary amounts.
Study of Need Data. Section 301 would require the HUD to
enter into contract for an assessment of data sources that
could be used to assist in the allocation of grant funding to
Native American tribes and authorize the appropriation of such
sums as are necessary for that purpose. Based on information
provided by HUD and assuming the availability of appropriated
funds, CBO estimates that implementing this provision would
cost $1 million in 2008.
Revenues
Section 205 would not allow rental assistance provided
through the Native American Block Grant program to be
considered as federal funds for purposes of the Low Income
Housing Credit under section 42 of the Internal Revenue Code of
1986. By not counting rental assistance as federal funds,
housing entities would be eligible to receive larger tax
credits. The JCT estimates that revenue would decline by $1
million over the 2008-2012 period and by $6 million over the
2008-2017 period as shown in Table 2.
TABLE 2.--ESTIMATED CHANGES IN REVENUES UNDER S. 2062
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------
2008- 2008-
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2012 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN REVENUES
Estimated Revenues.................................... * * * * * * -1 -1 -1 -1 -1 -6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = revenue loss between 0 and -$500,000.
Direct spending
S. 2062 would permit the Secretary of Treasury to use the
Treasury Forfeiture Fund to make payments to Indian tribes to
cover costs to clean up areas used as methamphetamine
laboratories. Because only a small number of sites on Indian
reservations have been cleaned, CBO estimates that this
provision would cost less than $500,000 annually.
Intergovernmental and private-sector impact: S. 2062
contains no intergovernmental or private-sector mandates as
defined in UMRA. Grants authorized in the bill would benefit
tribal governments that participate in housing assistance
programs. Any costs to those governments of complying with
grant conditions would be incurred voluntarily.
Previous CBO estimates: On October 17, 2007, CBO
transmitted a cost estimate for H.R. 2786, the Native American
Housing Assistance and Self-Determination Reauthorization Act
of 2007, as passed by the House of Representatives on September
6, 2007. S. 2062 is similar to the House-passed bill except
that S. 2062 would not reauthorize the Native Hawaiian Block
Grant program and would authorize appropriations for a data
collection study. CBO's estimate of spending subject to
appropriation for S. 2062 is $23 million less than estimated
for H.R. 2786 over the 2008-2012 period. In addition, H.R. 2786
would not affect direct spending or revenues. However, JCT
estimates that S. 2062 would reduce revenues by $1 million over
the 2008-2012 period and by $6 million over the next 10 years
and CBO estimates that it would increase direct spending by
less than $500,000 per year.
On September 6, 2007, CBO transmitted a cost estimate for
H.R. 3002, the Native American Economic Development and
Infrastructure for Housing Act of 2007, as ordered reported by
the House Committee on Financial Services on July 26, 2007.
H.R. 3002 would establish a pilot program to guarantee loans or
bonds issued by Indian tribes for certain economic development
purposes. Title VI of S. 2062 is similar to H.R. 3002 and the
estimated costs are identical.
Estimate prepared by: Federal spending: Chad Chirico,
Daniel Hoople, and Mark Grabowicz. Federal revenues: Thomas
Hohmann, Joint Committee on Taxation Impact on state, local,
and tribal governments: Lisa Ramirez-Branum. Impact on the
private sector: Keisuke Nakagawa.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Executive Communications
The Committee has received no written communications from
the Executive Branch regarding S. 2062.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill evaluate
the regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee has concluded that the
regulatory and paperwork impacts of S. 2062 should be de
minimis.
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2062, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new language to be added in italic, existing law to
which no change is proposed is shown in roman):
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996
25 U.S.C. Sec. 4101 et seq.
* * * * * * *
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(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; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Administration through Office of Native American Programs.
Sec. 4. Definitions.
* * * * * * *
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Subtitle A--General Block Grant Program
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. Treatment of funds.
Sec. 207. Lease requirements and tenant selection.
Sec. 208. Availability of records.
Sec. 209. Noncompliance with affordable housing requirement.
Sec. 210. Continued use of amounts for affordable housing.
Subtitle B--Self-Determined Housing Activities for Tribal Communities
Sec. 231. Purpose.
Sec. 232. Program authority.
Sec. 233. Use of amounts for housing activities.
Sec. 234. Inapplicability of other provisions.
Sec. 235. Review and report.
* * * * * * *
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
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 of HOME Investment Partnerships Act.
TITLE VI--FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES
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.] Demonstration program for guaranteed loans
to finance tribal community and economic development
activities.
* * * * * * *
SEC. 2. CONGRESSIONAL FINDINGS.
* * * * * * *
(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.).
* * * * * * *
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions shall
apply:
* * * * * * *
(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 tribes 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 its 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.
2710 et seq.).
[(8)] (9) 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.
[(9)] (10) Indian.--The term `Indian' means any
person who is a member of an Indian tribe.
[(10)] (11) Indian area.--The term `Indian area'
means the area within which an Indian tribe or a
tribally designated housing entity, as authorized by 1
or more Indian tribes, provides assistance under this
Act for affordable housing.
[(11)] (12) Indian housing plan.--The term `Indian
housing plan' means a plan under section 102.
[(12)] (13) 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 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.
[(13)] (14) 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.
[(14)] (15) 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.
[(15)] (16) 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.
[(16)] (17) 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.
[(17)] (18) 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.
[(18)] (19) 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.
[(19)] (20) Secretary.--Except as otherwise
specifically provided in this Act, the term `Secretary'
means the Secretary of Housing and Urban Development.
[(20)] (21) 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.
[(21)] (22) 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)] (23) 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.).
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
(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] tribes--
(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) [Under] 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.
* * * * * * *
(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.
* * * * * * *
(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).
SEC. 102. INDIAN HOUSING PLANS.
(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) for the tribally designated housing entity for
the tribe to submit the plan as provided in [subsection
(d)] subsection (c) for the tribe; and
(2) 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).
[(d)] (c) 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.
[(e)] (d) Coordination of Plans.--A plan under this section
may cover more than 1 Indian tribe, but only if the
certification requirements under [subsection (d)] subsection
(c) are complied with by each such grant beneficiary covered.
[(f)] (e) Regulations.--The requirements relating to the
contents of plans under this section shall be established by
regulation, pursuant to section 106.
SEC. 103. REVIEW OF PLANS.
* * * * * * *
(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).
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
(a) Program Income.--
(1) Authority to retain.--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 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;
(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.
* * * * * * *
SEC. 106. REGULATIONS.
* * * * * * *
(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
2007 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
2007 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 2007 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.
* * * * * * *
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under
this title such sums as may be necessary for each of fiscal
years [1998 through 2007] 2008 through 2012. This section shall
take effect on the date of the enactment of this Act.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Subtitle A--General Block Grant Program
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
* * * * * * *
(b) Eligible Families.--
(1) In general.--Except as provided under paragraphs
(2) and (4), and except with respect to loan guarantees
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] 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--
(A) 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.
* * * * * * *
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
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.
* * * * * * *
(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).
SEC. 203. PROGRAM REQUIREMENTS.
* * * * * * *
(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.
* * * * * * *
SEC. 205. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
* * * * * * *
(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 for a foreclosure by a lender (or upon
transfer in lieu of foreclosure) is 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 the Act.
(c) Applicability.--Paragraph (2) of subsection (a) applies
only to rental and homeownership units that are owned or
operated by a recipient.
SEC. 206. TREATMENT OF FUNDS.
Notwithstanding any other provision of law, tenant- and
project- based rental assistance provided using funds made
available under this Act shall not be considered to be Federal
funds for purposes of section 42 of the Internal Revenue Code
of 1986.
* * * * * * *
SEC. 208. AVAILABILITY OF RECORDS.
(a) Provision of Information.--Notwithstanding any other
provision of law, except as provided in 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.
* * * * * * *
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 2008 through 2012, 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 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 this
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
review and report required by this section is accomplished in a
timely manner.
TITLE III--ALLOCATION OF GRANT AMOUNTS
SEC. 301. ANNUAL ALLOCATION.
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.
SEC. 302. ALLOCATION FORMULA.
(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 collecting 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 until 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 purpose 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.
(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.
* * * * * * *
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
SEC. 401. REMEDIES FOR NONCOMPLIANCE.
(a) Actions by Secretary Affecting Grant Amounts.--
(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.
(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 purposes of this
title.
[(2)] (3) 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.
[(3)] (4) 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.
* * * * * * *
SEC. 403. MONITORING OF COMPLIANCE.
* * * * * * *
(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.
* * * * * * *
SEC. 404. PERFORMANCE REPORTS.
* * * * * * *
(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.]
* * * * * * *
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
* * * * * * *
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.).
TITLE VI--FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
ACTIVITIES
* * * * * * *
SEC. 605. LIMITATIONS ON AMOUNT OF GUARANTEES.
(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 through 2007] 2008 through 2012.
(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 through 2007] 2008
through 2012.
* * * * * * *
SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE TRIBAL
COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES.
(a) Authority.--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.
(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, shall 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 2008
through 2012.
(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 such sums as are
necessary for each of fiscal years 2008 through 2012.
(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, 2012.
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
* * * * * * *
SEC. 703. TRAINING AND TECHNICAL ASSISTANCE.
[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 through 2007.]
(a) Definition of Indian Organization.--In this section,
the term ``Indian organization'' means--
(1) an Indian organization representing the interests
of Indian tribes, Indian housing authorities, and
tribally designated housing entities throughout the
United States;
(2) an organization registered as a nonprofit entity
that is--
(A) described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
(B) exempt from taxation under section 501(a)
of that Code;
(3) an organization with at least 30 years of
experience in representing the housing interests of
Indian tribes and tribal housing entities throughout
the United States; and
(4) an organization that is governed by a Board of
Directors composed entirely of individuals representing
tribal housing entities.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for transfer to an Indian
organization selected by the Secretary, in consultation with
Indian tribes, such sums as are necessary to provide training
and technical assistance to Indian housing authorities and
tribally-designated housing entities for each of fiscal years
2008 through 2012.
* * * * * * *
UNITED STATES CODE ANNOTATED
TITLE 31. Money and Finance
CHAPTER 97--MISCELLANEOUS
* * * * * * *
SEC. 9703
* * * * * * *
(K)(i) Payment to the designated State,
local, or tribal law enforcement,
environmental, housing, or health entity for
experts and consultants needed to clean up any
area formerly used as a methamphetamine
laboratory.
(ii) If a methamphetamine laboratory is
located on private property, not more than 90
percent of the costs may be paid only if--
(I) the property owner did not have
knowledge of the existence or operation
of such laboratory before the law
enforcement action to close it; or
(II) the property owner notifies law
enforcement not later than 24 hours
after discovering the existence of such
laboratory.