[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1352 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1352

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 24, 2013

 Ms. Cantwell (for herself, Mr. Barrasso, Mr. Johnson of South Dakota, 
   Mr. Tester, Mr. Udall of New Mexico, Mr. Franken, Mr. Begich, Ms. 
 Heitkamp, Ms. Hirono, and Mr. Schatz) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 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; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Native American 
Housing Assistance and Self-Determination Reauthorization Act of 
2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

Sec. 101. Treatment of program income and labor standards.
Sec. 102. Environmental review.
Sec. 103. Authorization of appropriations.
                TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. Low-income requirement and income targeting.
Sec. 202. Lease requirements and tenant selection.
Sec. 203. Self-determined housing activities for tribal communities.
Sec. 204. Total development cost maximum project cost.
               TITLE III--COMPLIANCE, AUDITS, AND REPORTS

Sec. 301. Reports to Congress.
        TITLE IV--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Sec. 401. Demonstration of rental assistance for homeless or at-risk 
                            Indian veterans.
Sec. 402. 50-year leasehold interest in trust or restricted lands for 
                            housing purposes.
Sec. 403. Training and technical assistance.
Sec. 404. Preferences for projects in Indian areas.
                         TITLE V--MISCELLANEOUS

Sec. 501. Community-based organizations and tribally designated housing 
                            entities.
Sec. 502. Elimination of limitation on use for Cherokee Nation.
Sec. 503. Reauthorization of Native Hawaiian Homeownership Act.
Sec. 504. Matching or cost-participation requirement.
    (c) 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. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

    Section 104 (25 U.S.C. 4114) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) Authority to retain.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, a recipient may retain any 
                program income that is realized from any grant amounts 
                under this Act if--
                            ``(i) the income was realized after the 
                        initial disbursement of the grant amounts 
                        received by the recipient; and
                            ``(ii) the recipient has agreed that the 
                        recipient will utilize the income for housing 
                        related activities in accordance with this Act.
                    ``(B) Requirements.--Any income that is realized by 
                a recipient from program income shall--
                            ``(i) be considered nonprogram income; and
                            ``(ii) have no restrictions on use.''; and
            (2) in subsection (b), by striking paragraph (3) and 
        inserting the following:
            ``(3) Application of tribal laws.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                any contract or agreement for assistance, sale, or 
                lease pursuant to this Act, if that contract or 
                agreement is otherwise covered by 1 or more laws or 
                regulations adopted by an Indian tribe that requires 
                the payment of not less than prevailing wages, as 
                determined by the Indian tribe.
                    ``(B) Wages.--The prevailing wages described in 
                subparagraph (A) shall apply to the administration of 
                all Federal funding for projects funded in part by 
                funds authorized under this Act.''.

SEC. 102. ENVIRONMENTAL REVIEW.

    Section 105 (25 U.S.C. 4115) is amended by striking subsection (d) 
and inserting the following:
    ``(d) Environmental Compliance.--Notwithstanding any other 
provision of law or use of any other source of funding for the project, 
compliance with the environmental review requirements of this section 
shall satisfy any other applicable environmental review requirement 
under any other Federal law (including regulations) required to be 
carried out by any agency involved in the project.''.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    Section 108 (25 U.S.C. 4117) is amended by striking ``2009 through 
2013'' and inserting ``2013 through 2018''.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

SEC. 201. LOW-INCOME REQUIREMENT AND INCOME TARGETING.

    Section 205 (25 U.S.C. 4135) is amended by striking subsection (c) 
and inserting the following:
    ``(c) Applicability.--
            ``(1) In general.--The provisions of subsection (a)(2) 
        regarding binding commitments for the remaining useful life of 
        property shall not apply to--
                    ``(A) a family or household member who subsequently 
                takes ownership of a homeownership unit; or
                    ``(B) any improvement to a privately owned 
                homeownership unit if the aggregate value of the 
                improvement for the 5-year period following completion 
                of the improvement is less than $10,000.
    ``(d) Purchase.--In the case of rental housing that is made 
available to a current rental tenant for conversion to a homebuyer or 
lease-purchase unit, the current rental tenant may purchase through a 
contract to purchase, lease-purchase agreement, or any other sales 
agreement if the unit is made available for occupancy by a family that 
is a low-income family at the time of initial occupancy.''.

SEC. 202. LEASE REQUIREMENTS AND TENANT SELECTION.

    Section 207 (25 U.S.C. 4137) is amended by adding at the end the 
following:
    ``(c) Notice of Termination.--The notice period described in 
subsection (a)(3) shall apply to projects and programs funded in part 
by amounts authorized under this Act.''.

SEC. 203. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES.

    Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed.

SEC. 204. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

    Affordable housing (as defined in section 4 of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) 
that is developed, acquired, or assisted under the block grant program 
established under section 101 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by 
more than 20 percent, without prior approval of the Secretary of 
Housing and Urban Development, the total development cost maximum cost 
for all housing assisted under an affordable housing activity, 
including development and model activities.

               TITLE III--COMPLIANCE, AUDITS, AND REPORTS

SEC. 301. REPORTS TO CONGRESS.

    Section 407 (25 U.S.C. 4167) is amended--
            (1) in subsection (a), by striking ``Congress'' and 
        inserting ``Committee on Indian Affairs and the Committee on 
        Banking, Housing and Urban Affairs of the Senate and the 
        Committee on Financial Services of the House of 
        Representatives''; and
            (2) by adding at the end the following:
    ``(c) Public Availability.--The report described in subsection (a) 
shall be made publicly available, including to recipients.''.

        TITLE IV--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

SEC. 401. DEMONSTRATION OF RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK 
              INDIAN VETERANS.

    Section 8(o)(19) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
                    ``(D) Indian veterans housing rental assistance 
                demonstration program.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Indian.--The term `Indian' 
                                has the meaning given the term in 
                                section 4 of the Indian Self-
                                Determination and Education Assistance 
                                Act (25 U.S.C. 450b).
                                    ``(II) Indian lands.--The term 
                                `Indian lands' has the meaning given 
                                the term in section 3 of the Native 
                                American Business Development, Trade 
                                Promotion, and Tourism Act of 2000 (25 
                                U.S.C. 4302).
                                    ``(III) Tribal organization.--The 
                                term `tribal organization' has the 
                                meaning given the term in section 4 of 
                                the Indian Self-Determination and 
                                Education Assistance Act (25 U.S.C. 
                                450b).
                            ``(ii) Authorization of program.--The 
                        Secretary may use not more than 5 percent of 
                        the amounts made available for rental 
                        assistance under this subsection to carry out a 
                        rental assistance and supportive housing 
                        program, in conjunction with the Secretary of 
                        Veterans Affairs, for the benefit of Indian 
                        veterans who are homeless or at-risk of 
                        homelessness and who are residing on or near 
                        Indian lands.
                            ``(iii) Model.--The program described in 
                        clause (ii) shall be modeled on the rental 
                        assistance and supportive housing program 
                        authorized under this section and applicable 
                        appropriations Acts, including administration 
                        in conjunction with the Secretary of Veterans 
                        Affairs, except that the Secretary may make 
                        necessary and appropriate modifications to 
                        facilitate the use of the program by Indian 
                        grant recipients to serve eligible Indian 
                        veterans.
                            ``(iv) Eligible recipients.--Rental 
                        assistance under clause (ii) shall be made 
                        available to recipients eligible to receive 
                        grants under section 101 of the Native American 
                        Housing Assistance and Self-Determination Act 
                        of 1996 (25 U.S.C. 4111).
                            ``(v) Funding criteria.--Rental assistance 
                        under clause (ii) shall be awarded based on--
                                    ``(I) need;
                                    ``(II) administrative capacity; and
                                    ``(III) any other funding criteria 
                                established by the Secretary in a 
                                notice published in the Federal 
                                Register after consulting with the 
                                Secretary of Veterans Affairs.
                            ``(vi) Administration.--Rental assistance 
                        made available under clause (ii) shall be 
                        administered in accordance with the Native 
                        American Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 4101 et 
                        seq.), except that grantees shall--
                                    ``(I) submit to the Secretary, in a 
                                manner prescribed by the Secretary, 
                                reports on the use of rental assistance 
                                provided under the demonstration 
                                program; and
                                    ``(II) provide to the Secretary 
                                information specified by the Secretary 
                                to assess the effectiveness of the 
                                demonstration program in serving 
                                eligible veterans.
                            ``(vii) Consultation.--The Secretary, in 
                        coordination with the Secretary of Veterans 
                        Affairs, shall consult with recipients of 
                        grants under section 101 of the Native American 
                        Housing Assistance and Self-Determination Act 
                        of 1996 (25 U.S.C. 4111) and any other 
                        appropriate tribal organization on the design 
                        of the demonstration program to ensure the 
                        effective delivery of rental assistance and 
                        supportive services to persons eligible to 
                        receive assistance under this subparagraph.
                            ``(viii) Waiver.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                Secretary may waive or specify 
                                alternative requirements for any 
                                provision of law (including 
                                regulations) that the Secretary 
                                administers in connection with the use 
                                of rental assistance made available 
                                under this subparagraph if the 
                                Secretary finds that the waiver or 
                                alternative requirement is necessary 
                                for the effective delivery and 
                                administration of rental assistance 
                                made available under this subparagraph 
                                to Indian veterans.
                                    ``(II) Exception.--The Secretary 
                                shall not waive or specify alternative 
                                requirements under subclause (I) for 
                                any provision of law (including 
                                regulations) relating to labor 
                                standards or the environment.''.

SEC. 402. 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 
``(in effect before, on, or after the date of enactment of this 
section)'' after ``law''.

SEC. 403. TRAINING AND TECHNICAL ASSISTANCE.

    Section 703 (25 U.S.C. 4212) is amended by striking ``of fiscal 
years 2009 through 2013'' and inserting ``fiscal year for which funds 
are appropriated under section 108.''.

SEC. 404. PREFERENCES FOR PROJECTS IN INDIAN AREAS.

    (a) In General.--Section 42(m)(1) of the Internal Revenue Code of 
1986 is amended--
            (1) in subparagraph (B)(ii)--
                    (A) in subclause (II), by striking ``and''; and
                    (B) by adding at the end the following:
                                    ``(IV) projects which are located 
                                in an Indian area (as defined in 
                                section 4(11) of the Native American 
                                Housing Assistance and Self-
                                Determination Act of 1996 (25 U.S.C. 
                                4103(11))) and for which the entity 
                                applying to receive credit is--
                                            ``(aa) an Indian tribe or a 
                                        tribally designated housing 
                                        entity (as defined in section 4 
                                        of the Native American Housing 
                                        Assistance and Self-
                                        Determination Act of 1996 (25 
                                        U.S.C. 4103),
                                            ``(bb) wholly owned or 
                                        controlled by an Indian tribe 
                                        or tribally designated housing 
                                        entity (as defined in section 4 
                                        of the Native American Housing 
                                        Assistance and Self-
                                        Determination Act of 1996 (25 
                                        U.S.C. 4103)), or
                                            ``(cc) a subrecipient of 
                                        funding under the Native 
                                        American Housing Assistance and 
                                        Self-Determination Act of 1996 
                                        (25 U.S.C. 4101 et seq.) with 
                                        regard to the project for which 
                                        credits would be awarded, 
                                        and'';
            (2) in subparagraph (C)--
                    (A) in clause (vi), by inserting ``and Indian'' 
                after ``public'';
                    (B) by redesignating clauses (ix) and (x) as 
                clauses (x) and (xi), respectively; and
                    (C) by inserting after clause (viii) the following:
                            ``(ix) projects described in subparagraph 
                        (B)(ii)(IV),''; and
            (3) by adding at the end the following:
                    ``(E) Preference for projects in indian areas.--In 
                addition to the preference provided to projects 
                described in subparagraph (B)(ii)(IV), for purposes of 
                evaluating such projects pursuant to a competitive 
                application process for allocation of housing credit 
                dollar amounts, a housing credit agency--
                            ``(i) for purposes of any numerical 
                        evaluation process employed by the agency, 
                        shall increase the cumulative points or score 
                        for such project by not less than 10 percent of 
                        the total points or credits available to any 
                        project, and
                            ``(ii) shall not consider the lack of 
                        proximity of such project to population 
                        centers, public transportation systems, or 
                        publicly available amenities.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to housing credit dollar amounts allocated by a housing credit 
agency after December 31, 2013.

                         TITLE V--MISCELLANEOUS

SEC. 501. COMMUNITY-BASED ORGANIZATIONS AND TRIBALLY DESIGNATED HOUSING 
              ENTITIES.

    Title VII (Public Law 104-330; 110 Stat. 4048) is amended by adding 
at the end the following:

``SEC. 706. COMMUNITY-BASED DEVELOPMENT ORGANIZATION.

    ``A tribally designated housing entity shall qualify as a 
community-based development organization for purposes of the Indian 
Community Development Block Grant program authorized under section 
106(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 
5306(a)).''.

SEC. 502. ELIMINATION OF LIMITATION ON USE FOR CHEROKEE NATION.

    Section 801 of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 (Public Law 110-411; 122 
Stat. 4334) is repealed.

SEC. 503. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT.

    Section 824 (25 U.S.C. 4243) is amended by striking ``2001, 2002, 
2003, 2004, and 2005,'' and inserting ``2014, 2015, 2016, 2017, and 
2018''.

SEC. 504. MATCHING OR COST-PARTICIPATION REQUIREMENT.

    All funds provided under a grant made pursuant to this Act or the 
amendments made by this Act may be used for purposes of meeting 
matching or cost participation requirements under any other Federal or 
non-Federal program.
                                 <all>