[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3349 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3349

To authorize the Alaska Native Self-Governance in Housing Demonstration 
                                Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2007

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
To authorize the Alaska Native Self-Governance in Housing Demonstration 
                                Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Native Self-Governance in 
Housing Demonstration Program Act''.

SEC. 2. DEMONSTRATION PROGRAM.

    The Native American Housing Assistance and Self-Determination Act 
of 1996 is amended by striking section 107 (25 U.S.C. 4101 et seq.) and 
inserting the following:

``SEC. 107. DEMONSTRATION PROGRAM IN ALASKA.

    ``(a) Definitions.--For purposes of this section:
            ``(1) The term `affordable housing activities' means 
        housing activities identified by the participant under 
        subsection (j) of this section.
            ``(2) The term `Alaska housing area' means the NAHASDA 
        service area for each eligible participant.
            ``(3) The term `demonstration program' means the Alaska 
        Native Housing Assistance Demonstration Program established by 
        this section.
            ``(4) The term `eligible tribal organization' means those 
        regional housing entities established pursuant to Alaska 
        Statute (A.S. 18.55.996) that are current recipients of funding 
        pursuant to section 101 of this Act.
            ``(5) The term `NAHASDA' means the Native American Housing 
        Assistance and Self-Determination Act of 1996.
            ``(6) The term `participant' means any eligible tribal 
        organization that has timely elected to participate in the 
        demonstration program for the fiscal year.
    ``(b) Establishment.--The Secretary shall establish and implement a 
five-year demonstration program in accordance with the provisions of 
this section. The program shall commence for fiscal year 2008. In the 
event that the demonstration program is not reauthorized after fiscal 
year 2012, participants in the program shall be transitioned back to 
the block grant program established under section 101. Eligible tribal 
organizations that choose not to participate in the demonstration 
program shall remain fully eligible as block grant recipients under 
section 101 of this Act.
    ``(c) Eligible Tribal Organizations.--Eligible tribal organizations 
that elect to participate in the demonstration program for a fiscal 
year, and Alaska tribes that either utilized the participant as their 
tribally designated housing entity on the effective date of this 
section or elect to participate in the demonstration program through 
the participant under subsection (f), may not be a recipient of block 
grant funding under section 101 of this Act for that fiscal year.
    ``(d) Deadline for Election.--An eligible tribal organization 
desiring to participate in the demonstration program for a fiscal year 
shall notify the Secretary of its intent to participate within 60 days 
of the commencement of each fiscal year; except that all designations 
shall be made before the beginning of the fourth year of the program 
and for fiscal year 2008, the designation may be made no later than 
October 1, 2007.
    ``(e) Annual Funding Agreements.--The Secretary shall on an annual 
basis enter into individual Annual Funding Agreements with each 
eligible participant, which agreements shall--
            ``(1) set forth the general terms and conditions which 
        shall be applicable to all participating entities, and those 
        which may be negotiated on an individual basis pursuant to the 
        authority provided under this section;
            ``(2) specify the funding amounts to be provided to each 
        participant, which amounts shall, consistent with the United 
        States laws and trust relationship to and for Indian people, 
        provide an annual base funding amount which shall be equal to 
        that which each participating entity would have otherwise 
        received in the year this section is enacted, pursuant to the 
        section 101;
            ``(3) provide that in each subsequent fiscal year, such 
        individual base amounts as proportionate totals of the Alaska 
        statewide total, shall only be adjusted based on overall 
        national congressional increases to the NAHASDA block grant 
        program or general rescissions;
            ``(4) provide that in the event of overall increases to the 
        NAHASDA block grant at the national level, Demonstration 
        Program participants shall collectively be entitled to a 
        proportionate amount from the national total based on the 
        proportionate NAHASDA formula allocation percentage of the 
        total Alaska allocation relative to the national pool at the 
        time of the enactment of this section;
            ``(5) provide that, consistent with existing law, each 
        agreement entered into hereunder shall specify the amount of 
        funding designated as Current Assisted Stock funding and 
        `Needs' funding; and
            ``(6) provide that to the extent that affordable housing 
        activities carried out by a participant under this Act reduce 
        administrative or other responsibilities of the Secretary and 
        result in savings that have not otherwise been included in an 
        Annual Funding Agreement, the Secretary shall make such savings 
        available for the provision of additional services to program 
        beneficiaries in a manner that is equitable for beneficiaries 
        receiving services under the provisions of this Act as well as 
        those who continue to receive services under NAHASDA; such 
        identified savings, if any, as well as any funding made 
        available pursuant to paragraph (3), shall be distributed to 
        participants pursuant to a negotiated formula allocation 
        methodology to be mutually negotiated by the participants and 
        the Secretary through the negotiated rulemaking process 
        provided for in subsection (m).
    ``(f) Additional Base Amount Inclusions; Tribal Election.--Any 
Alaska tribe within a participant's housing area that did not utilize 
that participant as its tribally designated housing entity on the 
effective date of this section may designate that participant as its 
tribally designated housing entity, and, upon designation, that 
participant's base amount under subsection (e)(2) shall be credited 
with an amount equal to the amount of funding received by the 
designating tribe under section 101 for the fiscal year in which the 
designation is made. Any designation made under this subsection shall 
be provided to the Secretary in writing no later than 90 days prior to 
the commencement of the fiscal year in which the designation will take 
effect, and must be made no later than July 1, 2011; except that for 
fiscal year 2008, the designation may be made no later than October 1, 
2008.
    ``(g) Participant Budgetary Authority.--Subject to the limitations 
of subsection (k) participants may expend funds awarded under this 
section on affordable housing activities and the cost of administering 
the demonstration project in the participant's housing area based 
solely on the internal budgeting approval processes established by the 
governing board of each participating entity. Secretary may not require 
review or approval of any participant's budget allocation or 
reallocation.
    ``(h) Carryforward of Funds; Program Income.--Notwithstanding any 
other provision of law, funding provided to a participant under this 
section for any fiscal year, which are not obligated or expended prior 
to the beginning of the next subsequent fiscal year shall remain 
available for obligation or expenditure during such subsequent fiscal 
year and thereafter until obligated or expended and accounted for in 
the annual single audit required of each participant pursuant to 
subsection (l). A participant may retain any program income that is 
realized from any amounts received under this section, and no awards 
under this section may be reduced on account of the realization of any 
such income.
    ``(i) General Administrative Provisions.--
            ``(1) Federal supply sources.--For purposes of section 
        201(a) of the Federal Property and Administrative Services Act 
        of 1949 (40 U.S.C. 481(a)) (relating to Federal sources of 
        supply, including lodging providers, airlines and other 
        transportation providers), a participant shall be deemed an 
        executive agency when carrying out programs, services, 
        functions and activities under this section and participant and 
        its employees shall be eligible to have access to such sources 
        of supply on the same basis as employees of an executive 
        agency.
            ``(2) Matching funds.--Notwithstanding any other provision 
        of law, a participant may use funds provided under this section 
        to meet matching or cost participation requirements under any 
        other federal or non-federal program, and funds provided under 
        this section shall be considered non-Federal funds.
            ``(3) Authority of tribally designated housing entities.--
        Unless otherwise limited by tribal resolution, tribally 
        designated housing entities shall be authorized, on behalf of 
        their respective designating tribes, to assume all duties, 
        responsibilities and functions which are provided for under 
        this Act and which may be lawfully delegated by such tribes.
    ``(j) Eligible Uses of Funds.--
            ``(1) Administration and planning.--Not more than 20 
        percent of any fiscal year award may be expended for 
        demonstration project administration and planning.
            ``(2) Affordable housing activities.--Participants shall be 
        authorized to develop or to support affordable housing for 
        rental or homeownership, or to provide housing services with 
        respect to affordable housing, through the following 
        activities:
                    ``(A) Indian housing assistance.--The provision of 
                any service or facility authorized for Indian tribes 
                under paragraphs (1) through (6) of section 202.
                    ``(B) Maintenance and modernization.--The 
                maintenance, operation and modernization of affordable 
                housing units constructed with funds provided under 
                this Act.
                    ``(C) Rental vouchers.--Notwithstanding any other 
                provision of law, the issuance of rental assistance 
                payments to a building owner, including facilities 
                owned in whole or part by a participant, or to a tenant 
                eligible to receive assistance under this Act shall not 
                be considered a Federal award with respect to section 
                42 of the Internal Revenue Code, of 1986. Such rental 
                assistance payments to either a building owner or 
                tenant shall not affect the eligible basis of a 
                qualified building for the taxable year and all 
                succeeding taxable years.
                    ``(D) Housing related community development.--The 
                development of any facility, community building, 
                business, activity, or infrastructure that is necessary 
                to the direct construction of affordable housing in the 
                housing area, would help a participant reduce the cost 
                of construction of affordable housing, or would 
                otherwise promote the purposes of this Act.
                    ``(E) Other activities.--Participants may negotiate 
                with the Secretary to authorize expenditures for other 
                programs and services that may best meet or support 
                affordable housing needs within their respective 
                service areas. Any activities demonstrated to meet such 
                needs that are designed to carry out the purposes of 
                this Act, and not otherwise prohibited by law, shall be 
                allowed by the Secretary to the maximum extent 
                possible.
    ``(k) Base Budget Request.--For fiscal years 2009 through 2012, the 
Secretary shall identify, in the annual budget request by the President 
to the Congress under section 1105 of title 31, United States Code, a 
separate Alaska Native Housing Assistance Demonstration Program funding 
amount which shall be equal to the sum of the amounts received by 
participants in the previous fiscal year pursuant to the provisions of 
this section.
    ``(l) Records and Monitoring.--
            ``(1) Maintenance of records.--Each participant shall keep 
        such records as the Secretary shall prescribe by regulation 
        promulgated under sections 552 and 553 of title 5, United State 
        Code, including records which fully disclose--
                    ``(A) the amount and disposition by such 
                participant of the proceeds of funds awarded under this 
                section;
                    ``(B) the cost of the project or undertaking in 
                connection with which such assistance is given or used;
                    ``(C) the amount of that portion of the cost of the 
                project or undertaking supplied by other sources; and
                    ``(D) such other information as will facilitate an 
                effective audit as required by subsection (e) below.
            ``(2) Access to records.--The Comptroller General and the 
        Secretary, or any of their duly authorized representatives, 
        shall, until the expiration of the three-year period beginning 
        upon the completion of the project undertaking referred to in 
        the paragraph (1), have access (for the purpose of examination) 
        to any books, documents, papers, and records of participants 
        which in the opinion of the Comptroller General or the 
        Secretary may be related or pertinent to the grants, contracts, 
        subcontracts, sub-funds, or transactions other by which funds 
        may have been received or expended.
            ``(3) Access by indian people.--Each participant shall make 
        such reports and information available to the Alaska Native 
        people served or represented by such participant as and in a 
        manner determined to be adequate by the Secretary.
            ``(4) Repayment of funds upon dissolution.--If any 
        participant is, for any reason, subject to dissolution, funds 
        paid to the participant under this section and not expended or 
        used for the purpose for which paid shall be repaid to the 
        Treasury of the United States through the Secretary.
            ``(5) Single agency audit.--All participants receiving 
        awards under this section shall be subject to the reporting 
        requirement of the Single Audit Act of 1984 (98 stat. 2327, 31 
        U.S.C. 7501 et. seq.). No other financial audit may be required 
        by the Secretary relating to funds awarded under this section. 
        In addition to the single-agency audit report requirements, 
        participants shall submit such additional information 
        concerning the programs, functions, services, or activities 
        carried out pursuant to an agreement under this section as 
        participants may jointly negotiate with the Secretary pursuant 
        to subsection (m).
    ``(m) Regulations.--
            ``(1) Negotiated rulemaking committee.--
                    ``(A) Notwithstanding sections 563(a) and 565(a) of 
                title 5, all regulations required under this section 
                shall be issued according to a negotiated rulemaking 
                procedure under subchapter III of chapter 5 of title 5, 
                United States Code.
                    ``(B) Final rules under this subsection shall be 
                adopted and published by the Secretary not later than 
                the expiration of the 18-month period beginning upon 
                the date of the enactment of this section.
            ``(2) Membership.--A negotiated rulemaking committee 
        established pursuant to this subsection shall have as its 
        members only Federal and participating entity representatives, 
        a majority of whom shall be representatives of participating 
        entities, with each entity entitled to appoint no more than two 
        official representatives.
            ``(3) Effect.--Any lack of promulgated regulations shall 
        not limit the effect or implementation of the provisions of 
        this section. Regulations promulgated under section 106 shall 
        not apply to participants, except that participants may in 
        their sole discretion elect to include select provisions of 
        such regulations within an individual participant funding 
        agreement.
    ``(n) Replacement of Participant.--
            ``(1) Replacement.--Notwithstanding any other provision of 
        law, the Secretary may, only in the circumstances set forth in 
        paragraph (2), replace the participant with another qualified 
        participant capable of servicing the housing area of the 
        participant being investigated.
            ``(2) Conditions of removal.--The Secretary may replace the 
        participant only upon a determination by the Secretary, on the 
        record after opportunity for a hearing, that the participant 
        has engaged in a pattern or practice of activities that 
        constitutes substantial or willful noncompliance with the 
        applicable requirements of this Act.
            ``(3) Duration.--Any replacement participant under this 
        subsection shall act as a participant only for a period that 
        expires upon--
                    ``(A) a date certain, which shall be specified by 
                the Secretary upon making the determination under 
                paragraph (2); or
                    ``(B) the occurrence of specific conditions, which 
                conditions shall be specified in written notice 
                provided by the Secretary to the removed participant 
                upon making the determination under paragraph (2).
    ``(o) Applicability of Other Laws.--
            ``(1) Effect of other laws.--The provisions of this section 
        supersede any conflicting provisions of law (including any 
        conflicting regulations) in effect at the time of the enactment 
        of this section, and at the request of any participant, the 
        Secretary is authorized to waive or repeal any regulation 
        inconsistent with the provisions of this section.
            ``(2) Facilitation.--Except as otherwise provided by law, 
        the Secretary shall facilitate the implementation of agreements 
        entered into under this Act by interpreting, negotiating, and 
        implementing each existing Federal law and regulation, and 
        negotiating implementing regulations as required by subsection 
        (m) that are similar in nature, purpose, and scope to 
        agreements and regulations entered into pursuant to the self-
        determination and self-governance provisions of titles I, IV 
        and V of the Indian Self-Determination and Education Assistance 
        Act of 1975 (25 U.S.C. 450 et seq.). A participant may, at its 
        discretion, choose to identify and list in an Annual Funding 
        Agreement which, if any specific provisions of NAHASDA and its 
        implementing regulations shall be applicable and deemed to be 
        incorporated into the individual Annual Funding Agreement.
    ``(p) Authorization of Appropriations for Training and Technical 
Assistance.--There are authorized to be appropriated $500,000 for each 
of fiscal years 2008 through 2012 to an organization chartered under 
the laws of the State of Alaska representing Alaska Native housing 
interests to provide training and technical assistance to participants 
to facilitate the implementation of this section.''.
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