[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3864 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 449
115th CONGRESS
  2d Session
                                H. R. 3864

                          [Report No. 115-591]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2017

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

                             March 8, 2018

  Additional sponsors: Ms. Sinema, Mrs. Radewagen, Mr. Kind, and Mr. 
                                 Kildee

                             March 8, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 28, 2017]


_______________________________________________________________________

                                 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 
2017''.
    (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. Recommendations regarding exceptions to annual Indian housing 
                            plan requirement.
Sec. 103. Environmental review.
Sec. 104. Deadline for action 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. Program requirements.
Sec. 203. Homeownership or lease-to-own low-income requirement and 
                            income targeting.
Sec. 204. Lease requirements and tenant selection.
Sec. 205. Tribal coordination of agency funding.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Authorization of appropriations.
Sec. 302. Effect of undisbursed block grant amounts on annual 
                            allocations.

                      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. Loan guarantees for Indian housing.

                        TITLE VI--MISCELLANEOUS

Sec. 601. Lands Title Report Commission.
Sec. 602. Leasehold interest in trust or restricted lands for housing 
                            purposes.
Sec. 603. Clerical amendment.

    TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

Sec. 701. Demonstration program.
Sec. 702. Clerical amendments.

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: ``The Secretary shall act upon a waiver 
        request submitted under this subsection by a recipient within 
        60 days after receipt of such request.''; and
            (2) in subsection (k), by striking ``1'' and inserting 
        ``an''.

SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS TO ANNUAL INDIAN HOUSING 
              PLAN REQUIREMENT.

    Not later than the expiration of the 120-day period beginning on 
the date of the enactment of this Act and after consultation with 
Indian tribes, tribally designated housing entities, and other 
interested parties, the Secretary of Housing and Urban Development 
shall submit to the Congress recommendations for standards and 
procedures for waiver of, or alternative requirements (which may 
include multi-year housing plans) for, the requirement under section 
102(a) of the Native American Housing Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4112(a)) for annual submission of one-year 
housing plans for an Indian tribe. Such recommendations shall include a 
description of any legislative and regulatory changes necessary to 
implement such recommendations.

SEC. 103. 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:
``The Secretary shall act upon a waiver request submitted under this 
subsection by a recipient within 60 days after receipt of such 
request.''; 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, such other sources 
of Federal funds do not exceed 49 percent of the total cost of the 
project, and the recipient's tribe has assumed all of the 
responsibilities for environmental review, decisionmaking, and action 
pursuant to this section, the tribe's compliance with the review 
requirements under this section and the National Environmental Policy 
Act of 1969 with regard to such project shall be deemed to fully comply 
with and discharge any applicable environmental review requirements 
that might apply to Federal agencies with respect to the use of such 
additional Federal funding sources for that project.''.

SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR APPROVAL REGARDING 
              EXCEEDING TDC MAXIMUM COST FOR PROJECT.

    (a) Approval.--Section 103 (25 U.S.C. 4113) is amended by adding at 
the end the following new subsection:
    ``(f) Deadline for Action on Request To Exceed TDC Maximum.--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 approved or denied during the 60-day period 
that begins on the date that the Secretary receives the request.''.
    (b) Definition.--Section 4 (25 U.S.C. 4103) is amended--
            (1) by redesignating paragraph (22) as paragraph (23); and
            (2) by inserting after paragraph (21) the following new 
        paragraph:
            ``(22) Total development cost.--The term `total development 
        cost' means, with respect to a housing project, the sum of all 
        costs for the project, including all undertakings necessary for 
        administration, planning, site acquisition, demolition, 
        construction or equipment and financing (including payment of 
        carrying charges), and for otherwise carrying out the 
        development of the project, excluding off-site water and sewer. 
        The total development cost amounts shall be based on a 
        moderately designed house and determined by averaging the 
        current construction costs as listed in not less than two 
        nationally recognized residential construction cost indices.''.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

    The second 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. PROGRAM REQUIREMENTS.

    Section 203(a) (25 U.S.C. 4133(a)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) 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 includes a provision governing maximum rents or 
        homebuyer payments.''.

SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND 
              INCOME TARGETING.

    Section 205 (25 U.S.C. 4135) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(E) notwithstanding any other provision of this 
                paragraph, in the case of rental housing that is made 
                available to a current rental family for conversion to 
                a homebuyer or a lease-purchase unit, that the current 
                rental family can purchase through a contract of sale, 
                lease-purchase agreement, or any other sales agreement, 
                is made available for purchase only by the current 
                rental family, if the rental family was a low-income 
                family at the time of their initial occupancy of such 
                unit; and''; 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. 204. 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. 205. TRIBAL COORDINATION OF AGENCY FUNDING.

    (a) In General.--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.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by inserting after the item relating to section 210 the 
following new item:

``Sec. 211. Tribal coordination of agency funding.''.

                 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 
2018 through 2022''.

SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT AMOUNTS ON ANNUAL 
              ALLOCATIONS.

    (a) In General.--Title III (25 U.S.C. 4151 et seq.) is amended by 
adding at the end the following new section:

``SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS.

    ``(a) Notification of Obligated, Undisbursed Grant Amounts.--
Subject to subsection (d) of this section, if as of January 1, 2018, or 
any year thereafter a recipient's total amount of undisbursed block 
grants in the Department's line of credit control system is greater 
than three times the formula allocation such recipient would otherwise 
receive under this Act for the fiscal year during which such January 1 
occurs, the Secretary shall--
            ``(1) before January 31 of such year, notify the Indian 
        tribe allocated the grant amounts and any tribally designated 
        housing entity for the tribe of the undisbursed funds; and
            ``(2) require the recipient for the tribe to, not later 
        than 30 days after the Secretary provides notification pursuant 
        to paragraph (1)--
                    ``(A) notify the Secretary in writing of the 
                reasons why the recipient has not requested the 
                disbursement of such amounts; and
                    ``(B) demonstrate to the satisfaction of the 
                Secretary that the recipient has the capacity to spend 
                Federal funds in an effective manner, which 
                demonstration may include evidence of the timely 
                expenditure of amounts previously distributed under 
                this Act to the recipient.
    ``(b) Allocation Amount.--Notwithstanding sections 301 and 302, the 
allocation for such fiscal year for a recipient described in subsection 
(a) shall be the amount initially calculated according to the formula 
minus the difference between the recipient's total amount of 
undisbursed block grants in the Department's line of credit control 
system on such January 1 and three times the initial formula amount for 
such fiscal year.
    ``(c) Reallocation.--Notwithstanding any other provision of law, 
any grant amounts not allocated to a recipient pursuant to subsection 
(b) shall be allocated under the need component of the formula 
proportionately amount all other Indian tribes not subject to such an 
adjustment.
    ``(d) Inapplicability.--Subsections (a) and (b) shall not apply to 
an Indian tribe with respect to any fiscal year for which the amount 
allocated for the tribe for block grants under this Act is less than 
$5,000,000.
    ``(e) Effectiveness.--This section shall not require the issuance 
of any regulation to take effect and shall not be construed to confer 
hearing rights under this or any other section of this Act.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) is 
amended by inserting after the item relating to section 302 the 
following new item:

``Sec. 303. Effect of undisbursed grant amounts on annual 
                            allocations.''.

                      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) Issuance of 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 
                        paragraph for fiscal year 2018 and each fiscal 
                        year thereafter, the Secretary shall set aside 
                        5 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.--
                                    ``(I) Administration.--Such funds 
                                shall be administered by block grant 
                                recipients in accordance with program 
                                requirements under the Native American 
                                Housing Assistance and Self-
                                Determination Act of 1996 in lieu of 
                                program requirements under this Act.
                                    ``(II) Available housing.--Rental 
                                assistance made available under this 
                                subparagraph may be used for dwelling 
                                units owned, operated, or assisted with 
                                by a recipient of a block grant under 
                                this Act or a tribally designated 
                                housing entity.
                            ``(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) Notice.--The Secretary shall 
                        establish the requirements and criteria for the 
                        supported housing and rental assistance program 
                        under this subparagraph by notice published in 
                        the Federal Register, but shall provide Indian 
                        tribes and tribally designated housing agencies 
                        an opportunity for comment and consultation 
                        before publication of a final notice pursuant 
                        to this clause.''.

SEC. 502. 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 2018 through 2022.''; and
            (2) in subparagraph (C)--
                    (A) by striking ``2008 through 2012'' and inserting 
                ``2018 through 2022''; and
                    (B) by striking ``such amount as may be provided in 
                appropriation Acts for'' and inserting ``$976,000,000 
                for each''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. 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 2017''.

SEC. 602. LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING 
              PURPOSES.

    Section 702 (25 U.S.C. 4211) is amended--
            (1) in subsection (c)(1), by inserting ``, whether enacted 
        before, on, or after the date of the enactment of this 
        section'' after ``law''; and
            (2) by striking ``50 years'' each place such term appears 
        and inserting ``99 years''.

SEC. 603. CLERICAL AMENDMENT.

    The table of contents in section 1(b) is amended by striking the 
item relating to section 206 (treatment of funds).

    TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

SEC. 701. DEMONSTRATION PROGRAM.

    The Act (25 U.S.C. 4101 et seq.) is amended by adding at the end 
the following new title:

    ``TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

``SEC. 901. AUTHORITY.

    ``(a) In General.--In addition to any other authority provided in 
this Act for the construction, development, maintenance, and operation 
of housing for Indian families, the Secretary shall provide the 
participating tribes having final plans approved pursuant to section 
905 with the authority to exercise the activities provided under this 
title and such plan for the acquisition and development of housing to 
meet the needs of tribal members.
    ``(b) Inapplicability of NAHASDA Provisions.--Except as 
specifically provided otherwise in this title, titles I through IV, VI, 
and VII shall not apply to a participating tribe's use of funds during 
any period that the tribe is participating in the demonstration program 
under this title.
    ``(c) Continued Applicability of Certain NAHASDA Provisions.--The 
following provisions of titles I through VIII shall apply to the 
demonstration program under this title and amounts made available under 
the demonstration program under this title:
            ``(1) Subsections (d) and (e) of section 101 (relating to 
        tax exemption).
            ``(2) Section 101(j) (relating to Federal supply sources).
            ``(3) Section 101(k) (relating to tribal preference in 
        employment and contracting).
            ``(4) Section 104 (relating to treatment of program income 
        and labor standards).
            ``(5) Section 105 (relating to environmental review).
            ``(6) Section 201(b) (relating to eligible families), 
        except as otherwise provided in this title.
            ``(7) Section 203(g) (relating to a de minimis exemption 
        for procurement of goods and services).
            ``(8) Section 702 (relating to 99-year leasehold interests 
        in trust or restricted lands for housing purposes).

``SEC. 902. PARTICIPATING TRIBES.

    ``(a) Request To Participate.--To be eligible to participate in the 
demonstration program under this title, an Indian tribe shall submit to 
the Secretary a notice of intention to participate during the 60-day 
period beginning on the date of the enactment of this title, in such 
form and such manner as the Secretary shall provide.
    ``(b) Cooperative Agreement.--Upon approval under section 905 of 
the final plan of an Indian tribe for participation in the 
demonstration program under this title, the Secretary shall enter into 
a cooperative agreement with the participating tribe that provides such 
tribe with the authority to carry out activities under the 
demonstration program.
    ``(c) Limitation.--The Secretary may not approve more than 20 
Indian tribes for participation in the demonstration program under this 
title.

``SEC. 903. REQUEST FOR QUOTES AND SELECTION OF INVESTOR PARTNER.

    ``(a) Request for Quotes.--Not later than the expiration of the 
180-day period beginning upon notification to the Secretary by an 
Indian tribe of intention to participate in the demonstration program 
under this title, the Indian tribe shall--
            ``(1) obtain assistance from a qualified entity in 
        assessing the housing needs, including the affordable housing 
        needs, of the tribe; and
            ``(2) release a request for quotations from entities 
        interested in partnering with the tribe in designing and 
        carrying out housing activities sufficient to meet the tribe's 
        housing needs as identified pursuant to paragraph (1).
    ``(b) Selection of Investor Partner.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        later than the expiration of the 18-month period beginning on 
        the date of the enactment of this title, an Indian tribe 
        requesting to participate in the demonstration program under 
        this title shall--
                    ``(A) select an investor partner from among the 
                entities that have responded to the tribe's request for 
                quotations; and
                    ``(B) together with such investor partner, 
                establish and submit to the Secretary a final plan that 
                meets the requirements under section 904.
            ``(2) Exceptions.--The Secretary may extend the period 
        under paragraph (1) for any tribe that--
                    ``(A) has not received any satisfactory quotation 
                in response to its request released pursuant to 
                subsection (a)(2); or
                    ``(B) has any other satisfactory reason, as 
                determined by the Secretary, for failure to select an 
                investor partner.

``SEC. 904. FINAL PLAN.

    ``A final plan under this section shall--
            ``(1) be developed by the participating tribe and the 
        investor partner for the tribe selected pursuant to section 
        903(b)(1)(A);
            ``(2) identify the qualified entity that assisted the tribe 
        in assessing the housing needs of the tribe;
            ``(3) set forth a detailed description of such projected 
        housing needs, including affordable housing needs, of the 
        tribe, which shall include--
                    ``(A) a description of such need over the ensuing 
                24 months and thereafter until the expiration of the 
                ensuing 5-year period or until the affordable housing 
                need is met, whichever occurs sooner; and
                    ``(B) the same information that would be required 
                under section 102 to be included in an Indian housing 
                plan for the tribe, as such requirements may be 
                modified by the Secretary to take consideration of the 
                requirements of the demonstration program under this 
                title;
            ``(4) provide for specific housing activities sufficient to 
        meet the tribe's housing needs, including affordable housing 
        needs, as identified pursuant to paragraph (3) within the 
        periods referred to such paragraph, which shall include--
                    ``(A) development of affordable housing (as such 
                term is defined in section 4 of this Act (25 U.S.C. 
                4103));
                    ``(B) development of conventional homes for rental, 
                lease-to-own, or sale, which may be combined with 
                affordable housing developed pursuant to subparagraph 
                (A);
                    ``(C) development of housing infrastructure, 
                including housing infrastructure sufficient to serve 
                affordable housing developed under the plan; and
                    ``(D) investments by the investor partner for the 
                tribe, the participating tribe, members of the 
                participating tribe, and financial institutions and 
                other outside investors necessary to provide financing 
                for the development of housing under the plan and for 
                mortgages for tribal members purchasing such housing;
            ``(5) provide that the participating tribe will agree to 
        provide long-term leases to tribal members sufficient for 
        lease-to-own arrangements for, and sale of, the housing 
        developed pursuant to paragraph (4);
            ``(6) provide that the participating tribe--
                    ``(A) will be liable for delinquencies under 
                mortgage agreements for housing developed under the 
                plan that are financed under the plan and entered into 
                by tribal members; and
                    ``(B) shall, upon foreclosure under such mortgages, 
                take possession of such housing and have the 
                responsibility for making such housing available to 
                other tribal members;
            ``(7) provide for sufficient protections, in the 
        determination of the Secretary, to ensure that the tribe and 
        the Federal Government are not liable for the acts of the 
        investor partner or of any contractors;
            ``(8) provide that the participating tribe shall have sole 
        final approval of design and location of housing developed 
        under the plan;
            ``(9) set forth specific deadlines and schedules for 
        activities to be undertaken under the plan and set forth the 
        responsibilities of the participating tribe and the investor 
        partner;
            ``(10) set forth specific terms and conditions of return on 
        investment by the investor partner and other investors under 
        the plan, and provide that the participating tribe shall pledge 
        grant amounts allocated for the tribe pursuant to title III for 
        such return on investment;
            ``(11) set forth the terms of a cooperative agreement on 
        the operation and management of the current assistance housing 
        stock and current housing stock for the tribe assisted under 
        the preceding titles of this Act;
            ``(12) set forth any plans for sale of affordable housing 
        of the participating tribe under section 907 and, if included, 
        plans sufficient to meet the requirements of section 907 
        regarding meeting future affordable housing needs of the tribe;
            ``(13) set forth terms for enforcement of the plan, 
        including an agreement regarding jurisdiction of any actions 
        under or to enforce the plan, including a waiver of immunity; 
        and
            ``(14) include such other information as the participating 
        tribe and investor partner consider appropriate.

``SEC. 905. HUD REVIEW AND APPROVAL OF PLAN.

    ``(a) In General.--Not later than the expiration of the 90-day 
period beginning upon a submission by an Indian tribe of a final plan 
under section 904 to the Secretary, the Secretary shall--
            ``(1) review the plan and the process by which the tribe 
        solicited requests for quotations from investors and selected 
        the investor partner; and
            ``(2)(A) approve the plan, unless the Secretary determines 
        that--
                    ``(i) the assessment of the tribe's housing needs 
                by the qualified entity, or as set forth in the plan 
                pursuant to section 904(3), is inaccurate or 
                insufficient;
                    ``(ii) the process established by the tribe to 
                solicit requests for quotations and select an investor 
                partner was insufficient or negligent; or
                    ``(iii) the plan is insufficient to meet the 
                housing needs of the tribe, as identified in the plan 
                pursuant to section 904(3);
            ``(B) approve the plan, on the condition that the 
        participating tribe and the investor make such revisions to the 
        plan as the Secretary may specify as appropriate to meet the 
        needs of the tribe for affordable housing; or
            ``(C) disapprove the plan, only if the Secretary determines 
        that the plan fails to meet the minimal housing standards and 
        requirements set forth in this Act and the Secretary notifies 
        the tribe of the elements requiring the disapproval.
    ``(b) Action Upon Disapproval.--
            ``(1) Re-submission of plan.--Subject to paragraph (2), in 
        the case of any disapproval of a final plan of an Indian tribe 
        pursuant to subsection (a)(3), the Secretary shall allow the 
        tribe a period of 180 days from notification to the tribe of 
        such disapproval to re-submit a revised plan for approval.
            ``(2) Limitation.--If the final plan for an Indian tribe is 
        disapproved twice and resubmitted twice pursuant to the 
        authority under paragraph (1) and, upon such second re-
        submission of the plan the Secretary disapproves the plan, the 
        tribe may not re-submit the plan again and shall be ineligible 
        to participate in the demonstration program under this title.
    ``(c) Tribe Authority of Housing Design and Location.--The 
Secretary may not disapprove a final plan under section 904, or 
condition approval of such a plan, based on the design or location of 
any housing to be developed or assisted under the plan.
    ``(d) Failure To Notify.--If the Secretary does not notify a 
participating tribe submitting a final plan of approval, conditional 
approval, or disapproval of the plan before the expiration of the 
period referred to in paragraph (1), the plan shall be considered as 
approved for all purposes of this title.

``SEC. 906. TREATMENT OF NAHASDA ALLOCATION.

    ``Amounts otherwise allocated for a participating tribe under title 
III of this Act (25 U.S.C. 4151 et seq.) shall not be made available to 
the tribe under titles I through VIII, but shall only be available for 
the tribe, upon request by the tribe and approval by the Secretary, for 
the following purposes:
            ``(1) Return on investment.--Such amounts as are pledged by 
        a participating tribe pursuant to section 904(10) for return on 
        the investment made by the investor partner or other investors 
        may be used by the Secretary to ensure such full return on 
        investment.
            ``(2) Administrative expenses.--The Secretary may provide 
        to a participating tribe, upon the request of a tribe, not more 
        than 10 percent of any annual allocation made under title III 
        for the tribe during such period for administrative costs of 
        the tribe in completing the processes to carry out sections 903 
        and 904.
            ``(3) Housing infrastructure costs.--A participating tribe 
        may use such amounts for housing infrastructure costs 
        associated with providing affordable housing for the tribe 
        under the final plan.
            ``(4) Maintenance; tenant services.--A participating tribe 
        may use such amounts for maintenance of affordable housing for 
        the tribe and for housing services, housing management 
        services, and crime prevention and safety activities described 
        in paragraphs (3), (4), and (5), respectively, of section 202.

``SEC. 907. RESALE OF AFFORDABLE HOUSING.

    ``Notwithstanding any other provision of this Act, a participating 
tribe may, in accordance with the provisions of the final plan of the 
tribe approved pursuant to section 905, resell any affordable housing 
developed with assistance made available under this Act for use other 
than as affordable housing, but only if the tribe provides such 
assurances as the Secretary determines are appropriate to ensure that--
            ``(1) the tribe is meeting its need for affordable housing;
            ``(2) will provide affordable housing in the future 
        sufficient to meet future affordable housing needs; and
            ``(3) will use any proceeds only to meet such future 
        affordable housing needs or as provided in section 906.

``SEC. 908. REPORTS, AUDITS, AND COMPLIANCE.

    ``(a) Annual Reports by Tribe.--Each participating tribe shall 
submit a report to the Secretary annually regarding the progress of the 
tribe in complying with, and meeting the deadlines and schedules set 
forth under the approved final plan for the tribe. Such reports shall 
contain such information as the Secretary shall require.
    ``(b) Reports to Congress.--The Secretary shall submit a report to 
the Congress annually describing the activities and progress of the 
demonstration program under this title, which shall--
            ``(1) summarize the information in the reports submitted by 
        participating tribes pursuant to subsection (a);
            ``(2) identify the number of tribes that have selected an 
        investor partner pursuant to a request for quotations;
            ``(3) include, for each tribe applying for participating in 
        the demonstration program whose final plan was disapproved 
        under section 905(a)(2)(C), a detailed description and 
        explanation of the reasons for disapproval and all actions 
        taken by the tribe to eliminate the reasons for disapproval, 
        and identify whether the tribe has re-submitted a final plan;
            ``(4) identify, by participating tribe, any amounts 
        requested and approved for use under section 906; and
            ``(5) identify any participating tribes that have 
        terminated participation in the demonstration program and the 
        circumstances of such terminations.
    ``(c) Audits.--The Secretary shall provide for audits among 
participating tribes to ensure that the final plans for such tribes are 
being implemented and complied with. Such audits shall include on-site 
visits with participating tribes and requests for documentation 
appropriate to ensure such compliance.

``SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.

    ``(a) Termination of Participation.--A participating tribe may 
terminate participation in the demonstration program under this title 
at any time, subject to this section.
    ``(b) Effect on Existing Obligations.--
            ``(1) No automatic termination.--Termination by a 
        participating tribe in the demonstration program under this 
        section shall not terminate any obligations of the tribe under 
        agreements entered into under the demonstration program with 
        the investor partner for the tribe or any other investors or 
        contractors.
            ``(2) Authority to mutually terminate agreements.--Nothing 
        in this title may be construed to prevent a tribe that 
        terminates participation in the demonstration program under 
        this section and any party with which the tribe has entered 
        into an agreement from mutually agreeing to terminate such 
        agreement.
    ``(c) Receipt of Remaining Grant Amounts.--The Secretary shall 
provide for grants to be made in accordance with, and subject to the 
requirements of, this Act for any amounts remaining after use pursuant 
to section 906 from the allocation under title III for a participating 
tribe that terminates participation in the demonstration program.
    ``(d) Costs and Obligations.--The Secretary shall not be liable for 
any obligations or costs incurred by an Indian tribe during its 
participation in the demonstration program under this title.

``SEC. 910. FINAL REPORT.

    ``Not later than the expiration of the 5-year period beginning on 
the date of the enactment of this title, the Secretary shall submit a 
final report to the Congress regarding the effectiveness of the 
demonstration program, which shall include--
            ``(1) an assessment of the success, under the demonstration 
        program, of participating tribes in meeting their housing 
        needs, including affordable housing needs, on tribal land;
            ``(2) recommendations for any improvements in the 
        demonstration program; and
            ``(3) a determination of whether the demonstration should 
        be expanded into a permanent program available for Indian 
        tribes to opt into at any time and, if so, recommendations for 
        such expansion, including any legislative actions necessary to 
        expand the program.

``SEC. 911. DEFINITIONS.

    ``For purposes of this title, the following definitions shall 
apply:
            ``(1) Affordable housing.--The term `affordable housing' 
        has the meaning given such term in section 4 (25 U.S.C. 4103).
            ``(2) Housing infrastructure.--The term `housing 
        infrastructure' means basic facilities, services, systems, and 
        installations necessary or appropriate for the functioning of a 
        housing community, including facilities, services, systems, and 
        installations for water, sewage, power, communications, and 
        transportation.
            ``(3) Long-term lease.--The term `long-term lease' means an 
        agreement between a participating tribe and a tribal member 
        that authorizes the tribal member to occupy a specific plot of 
        tribal lands for 50 or more years and to request renewal of the 
        agreement at least once.
            ``(4) Participating tribes.--The term `participating tribe' 
        means an Indian tribe for which a final plan under section 904 
        for participation in the demonstration program under this title 
        has been approved by the Secretary under section 905.

``SEC. 912. NOTICE.

    ``The Secretary shall establish any requirements and criteria as 
may be necessary to carry out the demonstration program under this 
title by notice published in the Federal Register.''.

SEC. 702. CLERICAL AMENDMENTS.

    The table of contents in section 1(b) is amended by inserting after 
the item relating to section 705 the following:

         ``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS

``Sec. 801. Definitions.
``Sec. 802. Block grants for affordable housing activities.
``Sec. 803. Housing plan.
``Sec. 804. Review of plans.
``Sec. 805. Treatment of program income and labor standards.
``Sec. 806. Environmental review.
``Sec. 807. Regulations.
``Sec. 808. Effective date.
``Sec. 809. Affordable housing activities.
``Sec. 810. Eligible affordable housing activities.
``Sec. 811. Program requirements.
``Sec. 812. Types of investments.
``Sec. 813. Low-income requirement and income targeting.
``Sec. 814. Lease requirements and tenant selection.
``Sec. 815. Repayment.
``Sec. 816. Annual allocation.
``Sec. 817. Allocation formula.
``Sec. 818. Remedies for noncompliance.
``Sec. 819. Monitoring of compliance.
``Sec. 820. Performance reports.
``Sec. 821. Review and audit by Secretary.
``Sec. 822. General Accounting Office audits.
``Sec. 823. Reports to Congress.
``Sec. 824. Authorization of appropriations.

    ``TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

``Sec. 901. Authority.
``Sec. 902. Participating tribes.
``Sec. 903. Request for quotes and selection of investor partner.
``Sec. 904. Final plan.
``Sec. 905. HUD review and approval of plan.
``Sec. 906. Treatment of NAHASDA allocation.
``Sec. 907. Resale of affordable housing.
``Sec. 908. Reports, audits, and compliance.
``Sec. 909. Termination of tribal participation.
``Sec. 910. Final report.
``Sec. 911. Definitions.
``Sec. 912. Notice.''.
                                                 Union Calendar No. 449

115th CONGRESS

  2d Session

                               H. R. 3864

                          [Report No. 115-591]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             March 8, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed