[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4277 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4277

    To reauthorize the Native American Housing Assistance and Self-
           Determination Act of 1996, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 18, 2014

  Mr. Young of Alaska (for himself, Ms. Moore, Mr. Cole, Mr. Heck of 
  Washington, Ms. Hanabusa, and Mr. Kildee) introduced the following 
    bill; which was referred to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
    To reauthorize the Native American Housing Assistance and Self-
           Determination Act of 1996, and for other purposes.

    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 
2014''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Treatment of labor standards.
Sec. 104. Environmental review.
Sec. 105. Failure to act on request for approval regarding exceeding 
                            TDC maximum cost for project.
                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. Lease requirements and tenant selection.
Sec. 206. Tribal coordination of agency funding.
                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Authorization of appropriations.
                      TITLE IV--AUDITS AND REPORTS

Sec. 401. Review and audit by Secretary.
Sec. 402. Reports to Congress.
         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Sec. 501. HUD-Veterans Affairs supportive housing program for Native 
                            American veterans.
Sec. 502. Public and Assisted Housing Drug Elimination Act of 1990.
Sec. 503. 50-year leasehold interest in trust or restricted lands for 
                            housing purposes.
Sec. 504. Training and technical assistance.
Sec. 505. Loan guarantees for Indian housing.
Sec. 506. Loan guarantees for Native Hawaiian housing.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Reauthorization of Native Hawaiian Homeownership Act.
Sec. 602. Native hiring and appointment in HUD Office of Native 
                            American Programs.
Sec. 603. Lands Title Report Commission.
Sec. 604. Limitation on use of funds for Cherokee Nation.
Sec. 605. Clerical amendment.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

SEC. 101. BLOCK GRANTS.

    Section 101 (25 U.S.C. 4111) is amended--
            (1) in subsection (c), by adding after the period at the 
        end the following: ``If the Secretary fails to act on a waiver 
        request submitted under this subsection by a recipient within 
        60 days after receipt of such request, the waiver request shall 
        be deemed approved.'';
            (2) in subsection (j), by striking ``section 501 of title 
        40,'' and inserting ``title 40 of the''; and
            (3) in subsection (k), by striking ``1'' and inserting 
        ``an''.

SEC. 102. INDIAN HOUSING PLANS.

    Section 102(a)(1)(B) (25 U.S.C. 4112(a)(1)(B)) is amended by 
inserting before the semicolon the following: ``, except that the 
Secretary may grant a waiver of the submission requirements upon 
meeting certain factors to be set out by regulation, and provided 
further that a request for such waiver shall be deemed approved if the 
Secretary does not act on such request within 60 days of receipt''.

SEC. 103. TREATMENT OF LABOR STANDARDS.

    Section 104(b)(3) (25 U.S.C. 4114(b)(3)) is amended by adding after 
the period at the end the following: ``Notwithstanding any other 
provision of law, tribally determined wages adopted in accordance with 
this paragraph shall apply to the administration of all Federal funding 
for projects funded in whole or in part by funds provided under this 
Act.''.

SEC. 104. ENVIRONMENTAL REVIEW.

    Section 105 (25 U.S.C. 4115) is amended--
            (1) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may'' and inserting ``shall''; and
                    (B) by adding after and below paragraph (4) the 
                following:
``If the Secretary fails to act on a waiver request submitted under 
this subsection by a recipient within 60 days after receipt of such 
request, the waiver shall be deemed approved.''; and
            (2) by adding at the end the following new subsection:
    ``(e) Consolidation of Environmental Review Requirements.--If a 
recipient is using one or more sources of Federal funds in addition to 
grant amounts under this Act in carrying out a project that qualifies 
as an affordable housing activity under section 202 and the recipient's 
tribe has assumed all of the responsibilities for environmental review, 
decisionmaking, and action pursuant to this section, the recipient's 
compliance with the National Environmental Policy Act of 1969 review 
requirements under this section with regard to such project shall be 
deemed to fully comply with and discharge any applicable environmental 
review requirements that might apply to the use of such additional 
Federal funding sources for that project.''.

SEC. 105. FAILURE TO ACT ON REQUEST FOR APPROVAL REGARDING EXCEEDING 
              TDC MAXIMUM COST FOR PROJECT.

    A request for approval by the Secretary of Housing and Urban 
Development to exceed by more than 10 percent the total development 
cost maximum cost for a project shall be deemed to be approved if the 
Secretary fails to take action on the request during the 60-day period 
that begins on the date that the Secretary receives the request.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

    Paragraph (6) of section 201(b) (25 U.S.C. 4131(b)(6); relating to 
exemption) is amended--
            (1) by striking ``1964 and'' and inserting ``1964,''; and
            (2) by inserting after ``1968'' the following: ``, and 
        section 3 of the Housing and Urban Development Act of 1968''.

SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

    Section 202(9)(A) (25 U.S.C. 4132(9)(A)) is amended--
            (1) by striking ``only'';
            (2) by striking ``administration and planning related to''; 
        and
            (3) by inserting ``including administration and planning,'' 
        after ``section,''.

SEC. 203. PROGRAM REQUIREMENTS.

    Section 203 (25 U.S.C. 4133) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (3)''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Application of tribal policies.--Paragraph (2) shall 
        not apply if the recipient has a written policy governing rents 
        and homebuyer payments charged for dwelling units and such 
        policy does not include a provision governing maximum rents or 
        homebuyer payments.'';
            (2) in subsection (c), by striking ``or assisted with'' and 
        inserting ``by a recipient''; and
            (3) in subsection (e), by striking ``assisted with'' and 
        inserting ``units that are owned or operated by a recipient 
        using''.

SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.

    Section 205 (25 U.S.C. 4135) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subsection:
                    ``(E) notwithstanding any other provision of this 
                paragraph, in the case of rental housing that is made 
                available to a current rental tenant for conversion to 
                a homebuyer or a lease-purchase unit, that the current 
                rental tenant can purchase through a contract of sale, 
                lease-purchase agreement, or any other sales agreement, 
                is made available for occupancy only by a family that 
                is a low-income family at the time of their initial 
                occupancy of such unit; and''; and
                    (B) in paragraph (2)--
                            (i) by striking ``satisfactory to the 
                        Secretary'' and inserting ``in such form as the 
                        Secretary shall, by regulation, require''; and
                            (ii) by striking ``Secretary)'' and 
                        inserting ``recipient)''; and
            (2) in subsection (c), by adding after the period at the 
        end the following: ``The provisions of such paragraph regarding 
        binding commitments for the remaining useful life of the 
        property shall not apply to improvements of privately owned 
        homes if the cost of such improvements do not exceed 10 percent 
        of the maximum total development cost for such home.''.

SEC. 205. LEASE REQUIREMENTS AND TENANT SELECTION.

    Section 207 (25 U.S.C. 4137) is amended by adding at the end the 
following new subsection:
    ``(c) Notice of Termination.--Notwithstanding any other provision 
of law, the owner or manager of rental housing that is assisted in part 
with amounts provided under this Act and in part with one or more other 
sources of Federal funds shall only utilize leases that require a 
notice period for the termination of the lease pursuant to subsection 
(a)(3).''.

SEC. 206. TRIBAL COORDINATION OF AGENCY FUNDING.

    Subtitle A of title II (25 U.S.C. 4131 et seq.) is amended by 
adding at the end the following new section:

``SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING.

    ``Notwithstanding any other provision of law, a recipient 
authorized to receive funding under this Act may, in its discretion, 
use funding from the Indian Health Service of the Department of Health 
and Human Services for construction of sanitation facilities for 
housing construction and renovation projects that are funded in part by 
funds provided under this Act.''.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    The first sentence of section 108 (25 U.S.C. 4117) is amended by 
striking ``such sums as may be necessary for each of fiscal years 2009 
through 2013'' and inserting ``$650,000,000 for each of fiscal years 
2015 through 2019''.

                      TITLE IV--AUDITS AND REPORTS

SEC. 401. REVIEW AND AUDIT BY SECRETARY.

    Section 405(c) (25 U.S.C. 4165(c)) is amended, by adding at the end 
the following new paragraph:
            ``(3) Failure to issue final report.--The Secretary shall 
        issue a final report within 60 days after receiving comments 
        under paragraph (1) from a recipient.''.

SEC. 402. REPORTS TO CONGRESS.

    Section 407 (25 U.S.C. 4167) is amended--
            (1) in subsection (a), by striking ``Congress'' and 
        inserting ``Committee on Financial Services and the Committee 
        on Natural Resources of the House of Representatives, to the 
        Committee on Indian Affairs and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate, and to any 
        subcommittees of such committees having jurisdiction with 
        respect to Native American and Alaska Native affairs,''; and
            (2) by adding at the end the following new subsection:
    ``(c) Public Availability to Recipients.--Each report submitted 
pursuant to subsection (a) shall be made publicly available to 
recipients.''.

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR NATIVE 
              AMERICAN VETERANS.

    Paragraph (19) of section 8(o) of the United States Housing Act of 
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the 
following new subparagraph:
                    ``(D) Native american veterans.--
                            ``(i) Authority.--Of the funds made 
                        available for rental assistance under this 
                        subsection for fiscal year 2015 and each fiscal 
                        year thereafter, the Secretary shall set aside 
                        0.1 percent for a supported housing and rental 
                        assistance program modeled on the HUD-Veterans 
                        Affairs Supportive Housing (HUD-VASH) program, 
                        to be administered in conjunction with the 
                        Department of Veterans Affairs, for the benefit 
                        of homeless Native American veterans and 
                        veterans at risk of homelessness.
                            ``(ii) Recipients.--Such rental assistance 
                        shall be made available to recipients eligible 
                        to receive block grants under the Native 
                        American Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 4101 et 
                        seq.).
                            ``(iii) Funding criteria.--Funds shall be 
                        awarded based on need, administrative capacity, 
                        and any other funding criteria established by 
                        the Secretary in a notice published in the 
                        Federal Register, after consultation with the 
                        Secretary of Veterans Affairs, by a date 
                        sufficient to provide for implementation of the 
                        program under this subparagraph in accordance 
                        with clause (i).
                            ``(iv) Program requirements.--Such funds 
                        shall be administered by block grant recipients 
                        in accordance with program requirements under 
                        Native American Housing Assistance and Self-
                        Determination Act of 1996 in lieu of program 
                        requirements under this Act.
                            ``(v) Waiver.--The Secretary may waive, or 
                        specify alternative requirements for any 
                        provision of any statute or regulation that the 
                        Secretary administers in connection with the 
                        use of funds made available under this 
                        subparagraph, but only upon a finding by the 
                        Secretary that such waiver or alternative 
                        requirement is necessary to promote 
                        administrative efficiency, eliminate delay, 
                        consolidate or eliminate duplicative or 
                        ineffective requirements or criteria, or 
                        otherwise provide for the effective delivery 
                        and administration of such supportive housing 
                        assistance to Native American veterans.
                            ``(vi) Consultation.--The Secretary and the 
                        Secretary of Veterans Affairs shall jointly 
                        consult with block grant recipients and any 
                        other appropriate tribal organizations to--
                                    ``(I) ensure that block grant 
                                recipients administering funds made 
                                available under the program under this 
                                subparagraph are able to effectively 
                                coordinate with providers of supportive 
                                services provided in connection with 
                                such program; and
                                    ``(II) ensure the effective 
                                delivery of supportive services to 
                                Native American veterans that are 
                                homeless or at risk of homelessness 
                                eligible to receive assistance under 
                                this subparagraph.
                        Consultation pursuant to this clause shall be 
                        completed by a date sufficient to provide for 
                        implementation of the program under this 
                        subparagraph in accordance with clause (i).
                            ``(vii) Rulemaking.--The first negotiated 
                        rulemaking committee established pursuant to 
                        subchapter III of chapter 5 of title 5, United 
                        States Code, for rulemaking relating to the 
                        Native American Housing Assistance and Self-
                        Determination Act of 1996, or any amendments to 
                        such Act, but that is not established to 
                        consider matters relating to the allocation 
                        formula under section 302 of such Act (25 
                        U.S.C. 4152), shall review the requirements and 
                        criteria for the supported housing and rental 
                        assistance program under this subparagraph and 
                        may report to the Secretary a proposed rule 
                        revising such requirements and criteria.''.

SEC. 502. PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION ACT OF 1990.

    Section 5124(a) of the Public and Assisted Housing Drug Elimination 
Act of 1990 (42 U.S.C. 11903(a)) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) the physical clean-up and remediation of structures 
        and related infrastructure damaged and rendered unfit for human 
        habitation or other use due to the previous conduct of 
        methamphetamine-related activities in such structures.''.

SEC. 503. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR 
              HOUSING PURPOSES.

    Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting 
``, whether enacted before, on, or after the date of the enactment of 
this section'' after ``law,''.

SEC. 504. TRAINING AND TECHNICAL ASSISTANCE.

    Section 703 (25 U.S.C. 4212) is amended--
            (1) by striking ``There are authorized to be appropriated'' 
        and inserting ``Of any amounts appropriated pursuant to section 
        108, the Secretary may use such sums as may be necessary for''; 
        and
            (2) by striking ``such sums as may be necessary for each of 
        fiscal years 2009 through 2013''.

SEC. 505. LOAN GUARANTEES FOR INDIAN HOUSING.

    Section 184(i)(5) of the Housing and Community Development Act of 
1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
            (1) in subparagraph (B), by inserting after the period at 
        the end of the first sentence the following: ``There are 
        authorized to be appropriated for such costs $12,200,000 for 
        each of fiscal years 2015 through 2019.''; and
            (2) in subparagraph (5)--
                    (A) by striking ``2008 through 2012'' and inserting 
                ``2015 through 2019''; and
                    (B) by striking ``such amount as may be provided in 
                appropriation Acts for'' and inserting ``$976,000,000 
                for each''.

SEC. 506. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.

    Section 184A(j)(5) of the Housing and Community Development Act of 
1992 (12 U.S.C. 1715z-13b(j)(5)) is amended--
            (1) in subparagraph (B), by inserting after the period at 
        the end of the first sentence the following: ``There are 
        authorized to be appropriated for such costs $386,000 for each 
        of fiscal years 2015 through 2019.''; and
            (2) in subparagraph (5), by striking ``for each of fiscal 
        years'' and all that follows through the period at the end and 
        inserting ``for each of fiscal years 2015 through 2019 with an 
        aggregate outstanding principal amount not exceeding 
        $41,504,000 for each such fiscal year.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT.

    Section 824 (25 U.S.C. 4243) is amended by striking ``such sums as 
may be necessary'' and all that follows through the period at the end 
and inserting ``$13,000,000 for each of fiscal years 2015 through 
2019.''.

SEC. 602. NATIVE HIRING AND APPOINTMENT IN HUD OFFICE OF NATIVE 
              AMERICAN PROGRAMS.

    Section 3 (25 U.S.C. 4102) is amended--
            (1) by designating the first sentence as subsection (a); 
        and
            (2) by adding at the end the following new subsection:
    ``(b) Native Hiring and Appointment.--The Secretary shall develop 
and implement a policy that promotes increased hiring and appointment 
of Indians and Native Hawaiians (as such term is defined in section 
801) to vacancies in any positions in the Department of Housing and 
Urban Development's Office of Native American Programs that involve the 
administration of functions or services affecting Indians or Native 
Hawaiians.''.

SEC. 603. LANDS TITLE REPORT COMMISSION.

    Section 501 of the American Homeownership and Economic Opportunity 
Act of 2000 (25 U.S.C. 4043 note) is amended--
            (1) in subsection (a), by striking ``Subject to sums being 
        provided in advance in appropriations Acts, there'' and 
        inserting ``There''; and
            (2) in subsection (b)(1) by striking ``this Act'' and 
        inserting ``the Native American Housing Assistance and Self-
        Determination Reauthorization Act of 2014''.

SEC. 604. LIMITATION ON USE OF FUNDS FOR CHEROKEE NATION.

    Section 801 of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 (Public Law 110-411) is 
amended by striking ``Temporary Order and Temporary Injunction issued 
on May 14, 2007, by the District Court of the Cherokee Nation'' and 
inserting ``Order issued September 21, 2011, by the Federal District 
Court for the District of Columbia''.

SEC. 605. CLERICAL 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 striking the item relating to section 206 
(treatment of funds).
                                 <all>