[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2786 Enrolled Bill (ENR)]
H.R.2786
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
To reauthorize the programs for housing assistance for Native Americans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.