[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2786 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 25 (legislative day, September 17), 2008.
Resolved, That the bill from the House of Representatives (H.R.
2786) entitled ``An Act to reauthorize the programs for housing
assistance for Native Americans.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Reauthorization Act of
2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Definitions.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Regulations.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Availability of records.
Sec. 206. Self-determined housing activities for tribal communities
program.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Allocation formula.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
Sec. 401. Remedies for noncompliance.
Sec. 402. Monitoring of compliance.
Sec. 403. Performance reports.
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
Sec. 501. Effect on Home Investment Partnerships Act.
TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES
Sec. 601. Demonstration program for guaranteed loans to finance tribal
community and economic development
activities.
TITLE VII--FUNDING
Sec. 701. Authorization of appropriations.
TITLE VIII--MISCELLANEOUS
Sec. 801. Limitation on use for Cherokee Nation.
Sec. 802. Limitation on use of funds.
Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different
sizes.
SEC. 2. CONGRESSIONAL FINDINGS.
Section 2 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101) is amended in paragraphs (6)
and (7) by striking ``should'' each place it appears and inserting
``shall''.
SEC. 3. DEFINITIONS.
Section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103) is amended--
(1) by striking paragraph (22);
(2) by redesignating paragraphs (8) through (21) as
paragraphs (9) through (22), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) Housing related community development.--
``(A) In general.--The term `housing related
community development' means any facility, community
building, business, activity, or infrastructure that--
``(i) is owned by an Indian tribe or a
tribally designated housing entity;
``(ii) is necessary to the provision of
housing in an Indian area; and
``(iii)(I) would help an Indian tribe or
tribally designated housing entity to reduce
the cost of construction of Indian housing;
``(II) would make housing more affordable,
accessible, or practicable in an Indian area;
or
``(III) would otherwise advance the
purposes of this Act.
``(B) Exclusion.--The term `housing and community
development' does not include any activity conducted by
any Indian tribe under the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.).''.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
Section 101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``For each'' and inserting
the following:
``(1) In general.--For each'';
(ii) by striking ``tribes to carry out
affordable housing activities.'' and inserting
the following: ``tribes--
``(A) to carry out affordable housing activities
under subtitle A of title II; and''; and
(iii) by adding at the end the following:
``(B) to carry out self-determined housing
activities for tribal communities programs under
subtitle B of that title.''; and
(B) in the second sentence, by striking ``Under''
and inserting the following:
``(2) Provision of amounts.--Under'';
(2) in subsection (g), by inserting ``of this section and
subtitle B of title II'' after ``subsection (h)''; and
(3) by adding at the end the following:
``(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.
Section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended--
(1) in subsection (a)(1)--
(A) by striking ``(1)(A) for'' and all that follows
through the end of subparagraph (A) and inserting the
following:
``(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'';
and
(B) in subparagraph (B), by striking ``subsection
(d)'' and inserting ``subsection (c)'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(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).'';
(3) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively; and
(4) in subsection (d) (as redesignated by paragraph (3)),
by striking ``subsection (d)'' and inserting ``subsection
(c)''.
SEC. 103. REVIEW OF PLANS.
Section 103 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4113) is amended--
(1) in subsection (d)--
(A) in the first sentence--
(i) by striking ``fiscal'' each place it
appears and inserting ``tribal program''; and
(ii) by striking ``(with respect to'' and
all that follows through ``section 102(c))'';
and
(B) by striking the second sentence; and
(2) by striking subsection (e) and inserting the following:
``(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.
Section 104(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114(a)) is amended by adding at
the end the following:
``(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. 105. REGULATIONS.
Section 106(b)(2) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is amended--
(1) in subparagraph (B)(i), by striking ``The Secretary''
and inserting ``Not later than 180 days after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 and any other Act to
reauthorize this Act, the Secretary''; and
(2) by adding at the end the following:
``(C) Subsequent negotiated rulemaking.--The
Secretary shall--
``(i) initiate a negotiated rulemaking in
accordance with this section by not later than
90 days after the date of enactment of the
Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 and
any other Act to reauthorize this Act; and
``(ii) promulgate regulations pursuant to
this section by not later than 2 years after
the date of enactment of the Native American
Housing Assistance and Self-Determination
Reauthorization Act of 2008 and any other Act
to reauthorize this Act.
``(D) Review.--Not less frequently than once every
7 years, the Secretary, in consultation with Indian
tribes, shall review the regulations promulgated
pursuant to this section in effect on the date on which
the review is conducted.''.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
Section 201(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4131(b)) is amended--
(1) in paragraph (1), by inserting ``and except with
respect to loan guarantees under the demonstration program
under title VI,'' after ``paragraphs (2) and (4),'';
(2) in paragraph (2)--
(A) by striking the first sentence and inserting
the following:
``(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.''; and
(B) in the second sentence, by striking ``The
Secretary'' and inserting the following:
``(B) Limits.--The Secretary'';
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``Non-
indian'' and inserting ``Essential''; and
(B) by striking ``non-Indian family'' and inserting
``family''; and
(4) in paragraph (4)(A)(i), by inserting ``or other unit of
local government,'' after ``county,''.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Section 202 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132) is amended--
(1) in the matter preceding paragraph (1), by striking ``to
develop or to support'' and inserting ``to develop, operate,
maintain, or support'';
(2) in paragraph (2)--
(A) by striking ``development of utilities'' and
inserting ``development and rehabilitation of
utilities, necessary infrastructure,''; and
(B) by inserting ``mold remediation,'' after
``energy efficiency,'';
(3) in paragraph (4), by inserting ``the costs of operation
and maintenance of units developed with funds provided under
this Act,'' after ``rental assistance,''; and
(4) by adding at the end the following:
``(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.
Section 203 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133) is amended by adding at the
end the following:
``(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. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4135) is amended by adding at the
end the following:
``(c) Applicability.--The provisions of paragraph (2) of subsection
(a) regarding binding commitments for the remaining useful life of
property shall not apply to a family or household member who
subsequently takes ownership of a homeownership unit.''.
SEC. 205. AVAILABILITY OF RECORDS.
Section 208(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4138(a)) is amended by inserting
``applicants for employment, and of'' after ``records of''.
SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES
PROGRAM.
(a) Establishment of Program.--Title II of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131
et seq.) is amended--
(1) by inserting after the title designation and heading
the following:
``Subtitle A--General Block Grant Program'';
and
(2) by adding at the end the following:
``Subtitle B--Self-Determined Housing Activities for Tribal Communities
``SEC. 231. PURPOSE.
``The purpose of this subtitle is to establish a program for self-
determined housing activities for the tribal communities to provide
Indian tribes with the flexibility to use a portion of the grant
amounts under section 101 for the Indian tribe in manners that are
wholly self-determined by the Indian tribe for housing activities
involving construction, acquisition, rehabilitation, or infrastructure
relating to housing activities or housing that will benefit the
community served by the Indian tribe.
``SEC. 232. PROGRAM AUTHORITY.
``(a) Definition of Qualifying Indian Tribe.--In this section, the
term `qualifying Indian tribe' means, with respect to a fiscal year, an
Indian tribe or tribally designated housing entity--
``(1) to or on behalf of which a grant is made under
section 101;
``(2) that has complied with the requirements of section
102(b)(6); and
``(3) that, during the preceding 3-fiscal-year period, has
no unresolved significant and material audit findings or
exceptions, as demonstrated in--
``(A) the annual audits of that period completed
under chapter 75 of title 31, United States Code
(commonly known as the `Single Audit Act'); or
``(B) an independent financial audit prepared in
accordance with generally accepted auditing principles.
``(b) Authority.--Under the program under this subtitle, for each
of fiscal years 2009 through 2013, the recipient for each qualifying
Indian tribe may use the amounts specified in subsection (c) in
accordance with this subtitle.
``(c) Amounts.--With respect to a fiscal year and a recipient, the
amounts referred to in subsection (b) are amounts from any grant
provided under section 101 to the recipient for the fiscal year, as
determined by the recipient, but in no case exceeding the lesser of--
``(1) an amount equal to 20 percent of the total grant
amount for the recipient for that fiscal year; and
``(2) $2,000,000.
``SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.
``(a) Eligible Housing Activities.--Any amounts made available for
use under this subtitle by a recipient for an Indian tribe shall be
used only for housing activities, as selected at the discretion of the
recipient and described in the Indian housing plan for the Indian tribe
pursuant to section 102(b)(6), for the construction, acquisition, or
rehabilitation of housing or infrastructure in accordance with section
202 to provide a benefit to families described in section 201(b)(1).
``(b) Prohibition on Certain Activities.--Amounts made available
for use under this subtitle may not be used for commercial or economic
development.
``SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.
``(a) In General.--Except as otherwise specifically provided in
this Act, title I, subtitle A of title II, and titles III through VIII
shall not apply to--
``(1) the program under this subtitle; or
``(2) amounts made available in accordance with this
subtitle.
``(b) Applicable Provisions.--The following provisions of titles I
through VIII shall apply to the program under this subtitle and amounts
made available in accordance with 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.''.
(b) Technical Amendment.--The table of contents in section 1(b) of
the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 note) is amended--
(1) by inserting after the item for title II the following:
``Subtitle A--General Block Grant Program'';
(2) by inserting after the item for section 205 the
following:
``Sec. 206. Treatment of funds.'';
and
(3) by inserting before the item for title III the
following:
``Subtitle B--Self-Determined Housing Activities for Tribal Communities
``Sec. 231. Purposes.
``Sec. 232. Program authority.
``Sec. 233. Use of amounts for housing activities.
``Sec. 234. Inapplicability of other provisions.
``Sec. 235. Review and report.''.
TITLE III--ALLOCATION OF GRANT AMOUNTS
SEC. 301. ALLOCATION FORMULA.
Section 302 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4152) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(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.''; and
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(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.
``(E) Subparagraphs (A) through (D) shall not apply to any
claim arising from a formula current assisted stock calculation
or count involving an Indian housing block grant allocation for
any fiscal year through fiscal year 2008, if a civil action
relating to the claim is filed by not later than 45 days after
the date of enactment of this subparagraph.''.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
SEC. 401. REMEDIES FOR NONCOMPLIANCE.
Section 401(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(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.''.
SEC. 402. MONITORING OF COMPLIANCE.
Section 403(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4163(b)) is amended in the second
sentence by inserting ``an appropriate level of'' after ``shall
include''.
SEC. 403. PERFORMANCE REPORTS.
Section 404(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4164(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``goals'' and inserting ``planned
activities''; and
(B) by adding ``and'' after the semicolon at the
end;
(2) in paragraph (3), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (4).
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.
(a) In General.--Title V of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4181 et seq.) is amended
by adding at the end the following:
``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.).''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 note) is amended by inserting after the item
relating to section 508 the following:
``Sec. 509. Effect on HOME Investment Partnerships Act.''.
TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES
SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE TRIBAL
COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES.
(a) In General.--Title VI of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4191 et seq.) is amended
by adding at the end the following:
``SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE
TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES.
``(a) Authority.--
``(1) In general.--Subject to paragraph (2), to the extent
and in such amounts as are provided in appropriation Acts,
subject to the requirements of this section, and in accordance
with such terms and conditions as the Secretary may prescribe,
the Secretary may guarantee and make commitments to guarantee
the notes and obligations issued by Indian tribes or tribally
designated housing entities with tribal approval, for the
purposes of financing activities carried out on Indian
reservations and in other Indian areas that, under the first
sentence of section 108(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308), are eligible for
financing with notes and other obligations guaranteed pursuant
to that section.
``(2) Limitation.--The Secretary may guarantee, or make
commitments to guarantee, under paragraph (1) the notes or
obligations of not more than 4 Indian tribes or tribally
designated housing entities located in each Department of
Housing and Urban Development Office of Native American
Programs region.
``(b) Low-Income Benefit Requirement.--Not less than 70 percent of
the aggregate amount received by an Indian tribe or tribally designated
housing entity as a result of a guarantee under this section shall be
used for the support of activities that benefit low-income families on
Indian reservations and other Indian areas.
``(c) Financial Soundness.--
``(1) In general.--The Secretary shall establish
underwriting criteria for guarantees under this section,
including fees for the guarantees, as the Secretary determines
to be necessary to ensure that the program under this section
is financially sound.
``(2) Amounts of fees.--Fees for guarantees established
under paragraph (1) shall be established in amounts that are
sufficient, but do not exceed the minimum amounts necessary, to
maintain a negative credit subsidy for the program under this
section, as determined based on the risk to the Federal
Government under the underwriting requirements established
under paragraph (1).
``(d) Terms of Obligations.--
``(1) In general.--Each note or other obligation guaranteed
pursuant to this section shall be in such form and
denomination, have such maturity, and be subject to such
conditions as the Secretary may prescribe, by regulation.
``(2) Limitation.--The Secretary may not deny a guarantee
under this section on the basis of the proposed repayment
period for the note or other obligation, unless--
``(A) the period is more than 20 years; or
``(B) the Secretary determines that the period
would cause the guarantee to constitute an unacceptable
financial risk.
``(e) Limitation on Percentage.--A guarantee made under this
section shall guarantee repayment of 95 percent of the unpaid principal
and interest due on the note or other obligation guaranteed.
``(f) Security and Repayment.--
``(1) Requirements on issuer.--To ensure the repayment of
notes and other obligations and charges incurred under this
section and as a condition for receiving the guarantees, the
Secretary shall require the Indian tribe or housing entity
issuing the notes or obligations--
``(A) to enter into a contract, in a form
acceptable to the Secretary, for repayment of notes or
other obligations guaranteed under this section;
``(B) to demonstrate that the extent of each
issuance and guarantee under this section is within the
financial capacity of the Indian tribe; and
``(C) to furnish, at the discretion of the
Secretary, such security as the Secretary determines to
be appropriate in making the guarantees, including
increments in local tax receipts generated by the
activities assisted by a guarantee under this section
or disposition proceeds from the sale of land or
rehabilitated property, except that the security may
not include any grant amounts received or for which the
issuer may be eligible under title I.
``(2) Full faith and credit.--
``(A) In general.--The full faith and credit of the
United States is pledged to the payment of all
guarantees made under this section.
``(B) Treatment of guarantees.--
``(i) In general.--Any guarantee made by
the Secretary under this section shall be
conclusive evidence of the eligibility of the
obligations for the guarantee with respect to
principal and interest.
``(ii) Incontestable nature.--The validity
of any such a guarantee shall be incontestable
in the hands of a holder of the guaranteed
obligations.
``(g) Training and Information.--The Secretary, in cooperation with
Indian tribes and tribally designated housing entities, may carry out
training and information activities with respect to the guarantee
program under this section.
``(h) Limitations on Amount of Guarantees.--
``(1) Aggregate fiscal year limitation.--Notwithstanding
any other provision of law, subject only to the absence of
qualified applicants or proposed activities and to the
authority provided in this section, and to the extent approved
or provided for in appropriations Acts, the Secretary may enter
into commitments to guarantee notes and obligations under this
section with an aggregate principal amount not to exceed
$200,000,000 for each of fiscal years 2009 through 2013.
``(2) Authorization of appropriations for credit subsidy.--
There are authorized to be appropriated to cover the costs (as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a)) of guarantees under this section $1,000,000
for each of fiscal years 2009 through 2013.
``(3) Aggregate outstanding limitation.--The total amount
of outstanding obligations guaranteed on a cumulative basis by
the Secretary pursuant to this section shall not at any time
exceed $1,000,000,000 or such higher amount as may be
authorized to be appropriated for this section for any fiscal
year.
``(4) Fiscal year limitations on indian tribes.--
``(A) In general.--The Secretary shall monitor the
use of guarantees under this section by Indian tribes.
``(B) Modifications.--If the Secretary determines
that 50 percent of the aggregate guarantee authority
under paragraph (3) has been committed, the Secretary
may--
``(i) impose limitations on the amount of
guarantees pursuant to this section that any
single Indian tribe may receive in any fiscal
year of $25,000,000; or
``(ii) request the enactment of legislation
increasing the aggregate outstanding limitation
on guarantees under this section.
``(i) Report.--Not later than 4 years after the date of enactment
of this section, the Secretary shall submit to Congress a report
describing the use of the authority under this section by Indian tribes
and tribally designated housing entities, including--
``(1) an identification of the extent of the use and the
types of projects and activities financed using that authority;
and
``(2) an analysis of the effectiveness of the use in
carrying out the purposes of this section.
``(j) Termination.--The authority of the Secretary under this
section to make new guarantees for notes and obligations shall
terminate on October 1, 2013.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 note) is amended by inserting after the item
relating to section 605 the following:
``Sec. 606. Demonstration program for guaranteed loans to finance
tribal community and economic development
activities.''.
TITLE VII--FUNDING
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
(a) Block Grants and Grant Requirements.--Section 108 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4117) is amended in the first sentence by striking ``1998
through 2007'' and inserting ``2009 through 2013''.
(b) Federal Guarantees for Financing for Tribal Housing
Activities.--Section 605 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4195) is amended in
subsections (a) and (b) by striking ``1997 through 2007'' each place it
appears and inserting ``2009 through 2013''.
(c) Training and Technical Assistance.--Section 703 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4212) is amended by striking ``1997 through 2007'' and inserting
``2009 through 2013''.
TITLE VIII--MISCELLANEOUS
SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION.
No funds authorized under this Act, or the amendments made by this
Act, or appropriated pursuant to an authorization under this Act or
such amendments, shall be expended for the benefit of the Cherokee
Nation; provided, that this limitation shall not be effective if the
Temporary Order and Temporary Injunction issued on May 14, 2007, by the
District Court of the Cherokee Nation remains in effect during the
pendency of litigation or there is a settlement agreement which effects
the end of litigation among the adverse parties.
SEC. 802. LIMITATION ON USE OF FUNDS.
No amounts made available pursuant to any authorization of
appropriations under this Act, or under the amendments made by this
Act, may be used to employ workers described in section 274A(h)(3)) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES OF DIFFERENT
SIZES.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the effectiveness of the Native American Housing
Assistance and Self-Determination Act of 1996 in achieving its purposes
of meeting the needs for affordable housing for low-income Indian
families, as compared to the programs for housing and community
development assistance for Indian tribes and families and Indian
housing authorities that were terminated under title V of such Act and
the amendments made by such title. The study shall compare such
effectiveness with respect to Indian tribes of various sizes and types,
and specifically with respect to smaller tribes for which grants of
lesser or minimum amounts have been made under title I of such Act.
(b) Report.--Not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Committee on Financial Services of
the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate regarding the results and conclusions of
the study conducted pursuant to subsection (a). Such report shall
include recommendations regarding any changes appropriate to the Native
American Housing Assistance and Self-Determination Act of 1996 to help
ensure that the purposes of such Act are achieved by all Indian tribes,
regardless of size or type.
Attest:
Secretary.
110th CONGRESS
2d Session
H.R. 2786
_______________________________________________________________________
AMENDMENT