[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.