[Congressional Record Volume 154, Number 89 (Monday, June 2, 2008)]
[Senate]
[Pages S4895-S4899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                          REAUTHORIZATION ACT

  On Thursday, May 22, 2008, the Senate passed S. 2062, as amended, as 
follows:

                                S. 2062

       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 2007''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Definitions.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Regulations.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Availability of records.
Sec. 206. Self-determined housing activities for tribal communities 
              program.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Allocation formula.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

Sec. 401. Remedies for noncompliance.
Sec. 402. Monitoring of compliance.
Sec. 403. Performance reports.

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

Sec. 501. Effect on Home Investment Partnerships Act.

  TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                         DEVELOPMENT ACTIVITIES

Sec. 601. Demonstration program for guaranteed loans to finance tribal 
              community and economic development activities.

                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.

     SEC. 2. CONGRESSIONAL FINDINGS.

       Section 2 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4101) is amended in 
     paragraphs (6) and (7) by striking ``should'' each place it 
     appears and inserting ``shall''.

     SEC. 3. DEFINITIONS.

       Section 4 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4103) is amended--
       (1) by striking paragraph (22);
       (2) by redesignating paragraphs (8) through (21) as 
     paragraphs (9) through (22), respectively; and
       (3) by inserting after paragraph (7) the following:
       ``(8) Housing related community development.--
       ``(A) In general.--The term `housing related community 
     development' means any facility, community building, 
     business, activity, or infrastructure that--
       ``(i) is owned by an Indian tribe or a tribally designated 
     housing entity;
       ``(ii) is necessary to the provision of housing in an 
     Indian area; and
       ``(iii)(I) would help an Indian tribe or tribally 
     designated housing entity to reduce the cost of construction 
     of Indian housing;
       ``(II) would make housing more affordable, accessible, or 
     practicable in an Indian area; or
       ``(III) would otherwise advance the purposes of this Act.
       ``(B) Exclusion.--The term `housing and community 
     development' does not include any activity conducted by any 
     Indian tribe under the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.).''.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

     SEC. 101. BLOCK GRANTS.

       Section 101 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4111) is amended--
       (1) in subsection (a)--
       (A) in the first sentence--
       (i) by striking ``For each'' and inserting the following:
       ``(1) In general.--For each'';
       (ii) by striking ``tribes to carry out affordable housing 
     activities.'' and inserting the following: ``tribes--
       ``(A) to carry out affordable housing activities under 
     subtitle A of title II; and''; and
       (iii) by adding at the end the following:
       ``(B) to carry out self-determined housing activities for 
     tribal communities programs under subtitle B of that 
     title.''; and
       (B) in the second sentence, by striking ``Under'' and 
     inserting the following:
       ``(2) Provision of amounts.--Under'';
       (2) in subsection (g), by inserting ``of this section and 
     subtitle B of title II'' after ``subsection (h)''; and
       (3) by adding at the end the following:
       ``(j) Federal Supply Sources.--For purposes of section 501 
     of title 40, United States Code, on election by the 
     applicable Indian tribe--
       ``(1) each Indian tribe or tribally designated housing 
     entity shall be considered to be an Executive agency in 
     carrying out any program, service, or other activity under 
     this Act; and
       ``(2) each Indian tribe or tribally designated housing 
     entity and each employee of the Indian tribe or tribally 
     designated housing entity shall have access to sources of 
     supply on the same basis as employees of an Executive agency.
       ``(k) Tribal Preference in Employment and Contracting.--
     Notwithstanding any other provision of law, with respect to 
     any grant (or portion of a grant) made on behalf of an Indian 
     tribe under this Act that is intended to benefit 1 Indian 
     tribe, the tribal employment and contract preference laws 
     (including regulations and tribal ordinances) adopted by the 
     Indian tribe that receives the benefit shall apply with 
     respect to the administration of the grant (or portion of a 
     grant).''.

     SEC. 102. INDIAN HOUSING PLANS.

       Section 102 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4112) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``(1)(A) for'' and all that follows through 
     the end of subparagraph (A) and inserting the following:
       ``(1)(A) for an Indian tribe to submit to the Secretary, by 
     not later than 75 days before the beginning of each tribal 
     program year, a 1-year housing plan for the Indian tribe; 
     or''; and

[[Page S4896]]

       (B) in subparagraph (B), by striking ``subsection (d)'' and 
     inserting ``subsection (c)'';
       (2) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) 1-Year Plan Requirement.--
       ``(1) In general.--A housing plan of an Indian tribe under 
     this section shall--
       ``(A) be in such form as the Secretary may prescribe; and
       ``(B) contain the information described in paragraph (2).
       ``(2) Required information.--A housing plan shall include 
     the following information with respect to the tribal program 
     year for which assistance under this Act is made available:
       ``(A) Description of planned activities.--A statement of 
     planned activities, including--
       ``(i) the types of household to receive assistance;
       ``(ii) the types and levels of assistance to be provided;
       ``(iii) the number of units planned to be produced;
       ``(iv)(I) a description of any housing to be demolished or 
     disposed of;
       ``(II) a timetable for the demolition or disposition; and
       ``(III) any other information required by the Secretary 
     with respect to the demolition or disposition;
       ``(v) a description of the manner in which the recipient 
     will protect and maintain the viability of housing owned and 
     operated by the recipient that was developed under a contract 
     between the Secretary and an Indian housing authority 
     pursuant to the United States Housing Act of 1937 (42 U.S.C. 
     1437 et seq.); and
       ``(vi) outcomes anticipated to be achieved by the 
     recipient.
       ``(B) Statement of needs.--A statement of the housing needs 
     of the low-income Indian families residing in the 
     jurisdiction of the Indian tribe, and the means by which 
     those needs will be addressed during the applicable period, 
     including--
       ``(i) a description of the estimated housing needs and the 
     need for assistance for the low-income Indian families in the 
     jurisdiction, including a description of the manner in which 
     the geographical distribution of assistance is consistent 
     with the geographical needs and needs for various categories 
     of housing assistance; and
       ``(ii) a description of the estimated housing needs for all 
     Indian families in the jurisdiction.
       ``(C) Financial resources.--An operating budget for the 
     recipient, in such form as the Secretary may prescribe, that 
     includes--
       ``(i) an identification and description of the financial 
     resources reasonably available to the recipient to carry out 
     the purposes of this Act, including an explanation of the 
     manner in which amounts made available will leverage 
     additional resources; and
       ``(ii) the uses to which those resources will be committed, 
     including eligible and required affordable housing activities 
     under title II and administrative expenses.
       ``(D) Certification of compliance.--Evidence of compliance 
     with the requirements of this Act, including, as 
     appropriate--
       ``(i) a certification that, in carrying out this Act, the 
     recipient will comply with the applicable provisions of title 
     II of the Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) 
     and other applicable Federal laws and regulations;
       ``(ii) a certification that the recipient will maintain 
     adequate insurance coverage for housing units that are owned 
     and operated or assisted with grant amounts provided under 
     this Act, in compliance with such requirements as the 
     Secretary may establish;
       ``(iii) a certification that policies are in effect and are 
     available for review by the Secretary and the public 
     governing the eligibility, admission, and occupancy of 
     families for housing assisted with grant amounts provided 
     under this Act;
       ``(iv) a certification that policies are in effect and are 
     available for review by the Secretary and the public 
     governing rents and homebuyer payments charged, including the 
     methods by which the rents or homebuyer payments are 
     determined, for housing assisted with grant amounts provided 
     under this Act;
       ``(v) a certification that policies are in effect and are 
     available for review by the Secretary and the public 
     governing the management and maintenance of housing assisted 
     with grant amounts provided under this Act; and
       ``(vi) a certification that the recipient will comply with 
     section 104(b).'';
       (3) by redesignating subsections (d) through (f) as 
     subsections (c) through (e), respectively; and
       (4) in subsection (d) (as redesignated by paragraph (3)), 
     by striking ``subsection (d)'' and inserting ``subsection 
     (c)''.

     SEC. 103. REVIEW OF PLANS.

       Section 103 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4113) is amended--
       (1) in subsection (d)--
       (A) in the first sentence--
       (i) by striking ``fiscal'' each place it appears and 
     inserting ``tribal program''; and
       (ii) by striking ``(with respect to'' and all that follows 
     through ``section 102(c))''; and
       (B) by striking the second sentence; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Self-Determined Activities Program.--Notwithstanding 
     any other provision of this section, the Secretary--
       ``(1) shall review the information included in an Indian 
     housing plan pursuant to subsections (b)(4) and (c)(7) only 
     to determine whether the information is included for purposes 
     of compliance with the requirement under section 232(b)(2); 
     and
       ``(2) may not approve or disapprove an Indian housing plan 
     based on the content of the particular benefits, activities, 
     or results included pursuant to subsections (b)(4) and 
     (c)(7).''.

     SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

       Section 104(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4114(a)) is 
     amended by adding at the end the following:
       ``(4) Exclusion from program income of regular developer's 
     fees for low-income housing tax credit projects.--
     Notwithstanding any other provision of this Act, any income 
     derived from a regular and customary developer's fee for any 
     project that receives a low-income housing tax credit under 
     section 42 of the Internal Revenue Code of 1986, and that is 
     initially funded using a grant provided under this Act, shall 
     not be considered to be program income if the developer's fee 
     is approved by the State housing credit agency.''.

     SEC. 105. REGULATIONS.

       Section 106(b)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is 
     amended--
       (1) in subparagraph (B)(i), by striking ``The Secretary'' 
     and inserting ``Not later than 180 days after the date of 
     enactment of the Native American Housing Assistance and Self-
     Determination Reauthorization Act of 2007 and any other Act 
     to reauthorize this Act, the Secretary''; and
       (2) by adding at the end the following:
       ``(C) Subsequent negotiated rulemaking.--The Secretary 
     shall--
       ``(i) initiate a negotiated rulemaking in accordance with 
     this section by not later than 90 days after the date of 
     enactment of the Native American Housing Assistance and Self-
     Determination Reauthorization Act of 2007 and any other Act 
     to reauthorize this Act; and
       ``(ii) promulgate regulations pursuant to this section by 
     not later than 2 years after the date of enactment of the 
     Native American Housing Assistance and Self-Determination 
     Reauthorization Act of 2007 and any other Act to reauthorize 
     this Act.
       ``(D) Review.--Not less frequently than once every 7 years, 
     the Secretary, in consultation with Indian tribes, shall 
     review the regulations promulgated pursuant to this section 
     in effect on the date on which the review is conducted.''.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

     SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

       Section 201(b) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4131(b)) is 
     amended--
       (1) in paragraph (1), by inserting ``and except with 
     respect to loan guarantees under the demonstration program 
     under title VI,'' after ``paragraphs (2) and (4),'';
       (2) in paragraph (2)--
       (A) by striking the first sentence and inserting the 
     following:
       ``(A) Exception to requirement.--Notwithstanding paragraph 
     (1), a recipient may provide housing or housing assistance 
     through affordable housing activities for which a grant is 
     provided under this Act to any family that is not a low-
     income family, to the extent that the Secretary approves the 
     activities due to a need for housing for those families that 
     cannot reasonably be met without that assistance.''; and
       (B) in the second sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(B) Limits.--The Secretary'';
       (3) in paragraph (3)--
       (A) in the paragraph heading, by striking ``Non-indian'' 
     and inserting ``Essential''; and
       (B) by striking ``non-Indian family'' and inserting 
     ``family''; and
       (4) in paragraph (4)(A)(i), by inserting ``or other unit of 
     local government,'' after ``county,''.

     SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

       Section 202 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4132) is amended--
       (1) in the matter preceding paragraph (1), by striking ``to 
     develop or to support'' and inserting ``to develop, operate, 
     maintain, or support'';
       (2) in paragraph (2)--
       (A) by striking ``development of utilities'' and inserting 
     ``development and rehabilitation of utilities, necessary 
     infrastructure,''; and
       (B) by inserting ``mold remediation,'' after ``energy 
     efficiency,'';
       (3) in paragraph (4), by inserting ``the costs of operation 
     and maintenance of units developed with funds provided under 
     this Act,'' after ``rental assistance,''; and
       (4) by adding at the end the following:
       ``(9) Reserve accounts.--
       ``(A) In general.--Subject to subparagraph (B), the deposit 
     of amounts, including grant amounts under section 101, in a 
     reserve account established for an Indian tribe only for the 
     purpose of accumulating amounts for administration and 
     planning relating to affordable housing activities under this 
     section, in accordance with the Indian housing plan of the 
     Indian tribe.
       ``(B) Maximum amount.--A reserve account established under 
     subparagraph (A) shall

[[Page S4897]]

     consist of not more than an amount equal to \1/4\ of the 5-
     year average of the annual amount used by a recipient for 
     administration and planning under paragraph (2).''.

     SEC. 203. PROGRAM REQUIREMENTS.

       Section 203 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by 
     adding at the end the following:
       ``(f) Use of Grant Amounts Over Extended Periods.--
       ``(1) In general.--To the extent that the Indian housing 
     plan for an Indian tribe provides for the use of amounts of a 
     grant under section 101 for a period of more than 1 fiscal 
     year, or for affordable housing activities for which the 
     amounts will be committed for use or expended during a 
     subsequent fiscal year, the Secretary shall not require those 
     amounts to be used or committed for use at any time earlier 
     than otherwise provided for in the Indian housing plan.
       ``(2) Carryover.--Any amount of a grant provided to an 
     Indian tribe under section 101 for a fiscal year that is not 
     used by the Indian tribe during that fiscal year may be used 
     by the Indian tribe during any subsequent fiscal year.
       ``(g) De Minimis Exemption for Procurement of Goods and 
     Services.--Notwithstanding any other provision of law, a 
     recipient shall not be required to act in accordance with any 
     otherwise applicable competitive procurement rule or 
     procedure with respect to the procurement, using a grant 
     provided under this Act, of goods and services the value of 
     which is less than $5,000.''.

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

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended by 
     adding at the end the following:
       ``(c) Applicability.--The provisions of paragraph (2) of 
     subsection (a) regarding binding commitments for the 
     remaining useful life of property shall not apply to a family 
     or household member who subsequently takes ownership of a 
     homeownership unit.''.

     SEC. 205. AVAILABILITY OF RECORDS.

       Section 208(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4138(a)) is 
     amended by inserting ``applicants for employment, and of'' 
     after ``records of''.

     SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL 
                   COMMUNITIES PROGRAM.

       (a) Establishment of Program.--Title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended--
       (1) by inserting after the title designation and heading 
     the following:

              ``Subtitle A--General Block Grant Program'';

     and
       (2) by adding at the end the following:

``Subtitle B--Self-Determined Housing Activities for Tribal Communities

     ``SEC. 231. PURPOSE.

       ``The purpose of this subtitle is to establish a program 
     for self-determined housing activities for the tribal 
     communities to provide Indian tribes with the flexibility to 
     use a portion of the grant amounts under section 101 for the 
     Indian tribe in manners that are wholly self-determined by 
     the Indian tribe for housing activities involving 
     construction, acquisition, rehabilitation, or infrastructure 
     relating to housing activities or housing that will benefit 
     the community served by the Indian tribe.

     ``SEC. 232. PROGRAM AUTHORITY.

       ``(a) Definition of Qualifying Indian Tribe.--In this 
     section, the term `qualifying Indian tribe' means, with 
     respect to a fiscal year, an Indian tribe or tribally 
     designated housing entity--
       ``(1) to or on behalf of which a grant is made under 
     section 101;
       ``(2) that has complied with the requirements of section 
     102(b)(6); and
       ``(3) that, during the preceding 3-fiscal-year period, has 
     no unresolved significant and material audit findings or 
     exceptions, as demonstrated in--
       ``(A) the annual audits of that period completed under 
     chapter 75 of title 31, United States Code (commonly known as 
     the `Single Audit Act'); or
       ``(B) an independent financial audit prepared in accordance 
     with generally accepted auditing principles.
       ``(b) Authority.--Under the program under this subtitle, 
     for each of fiscal years 2008 through 2012, the recipient for 
     each qualifying Indian tribe may use the amounts specified in 
     subsection (c) in accordance with this subtitle.
       ``(c) Amounts.--With respect to a fiscal year and a 
     recipient, the amounts referred to in subsection (b) are 
     amounts from any grant provided under section 101 to the 
     recipient for the fiscal year, as determined by the 
     recipient, but in no case exceeding the lesser of--
       ``(1) an amount equal to 20 percent of the total grant 
     amount for the recipient for that fiscal year; and
       ``(2) $2,000,000.

     ``SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.

       ``(a) Eligible Housing Activities.--Any amounts made 
     available for use under this subtitle by a recipient for an 
     Indian tribe shall be used only for housing activities, as 
     selected at the discretion of the recipient and described in 
     the Indian housing plan for the Indian tribe pursuant to 
     section 102(b)(6), for the construction, acquisition, or 
     rehabilitation of housing or infrastructure in accordance 
     with section 202 to provide a benefit to families described 
     in section 201(b)(1).
       ``(b) Prohibition on Certain Activities.--Amounts made 
     available for use under this subtitle may not be used for 
     commercial or economic development.

     ``SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.

       ``(a) In General.--Except as otherwise specifically 
     provided in this Act, title I, subtitle A of title II, and 
     titles III through VIII shall not apply to--
       ``(1) the program under this subtitle; or
       ``(2) amounts made available in accordance with this 
     subtitle.
       ``(b) Applicable Provisions.--The following provisions of 
     titles I through VIII shall apply to the program under this 
     subtitle and amounts made available in accordance with this 
     subtitle:
       ``(1) Section 101(c) (relating to local cooperation 
     agreements).
       ``(2) Subsections (d) and (e) of section 101 (relating to 
     tax exemption).
       ``(3) Section 101(j) (relating to Federal supply sources).
       ``(4) Section 101(k) (relating to tribal preference in 
     employment and contracting).
       ``(5) Section 102(b)(4) (relating to certification of 
     compliance).
       ``(6) Section 104 (relating to treatment of program income 
     and labor standards).
       ``(7) Section 105 (relating to environmental review).
       ``(8) Section 201(b) (relating to eligible families).
       ``(9) Section 203(c) (relating to insurance coverage).
       ``(10) Section 203(g) (relating to a de minimis exemption 
     for procurement of goods and services).
       ``(11) Section 206 (relating to treatment of funds).
       ``(12) Section 209 (relating to noncompliance with 
     affordable housing requirement).
       ``(13) Section 401 (relating to remedies for 
     noncompliance).
       ``(14) Section 408 (relating to public availability of 
     information).
       ``(15) Section 702 (relating to 50-year leasehold interests 
     in trust or restricted lands for housing purposes).

     ``SEC. 235. REVIEW AND REPORT.

       ``(a) Review.--During calendar year 2011, the Secretary 
     shall conduct a review of the results achieved by the program 
     under this subtitle to determine--
       ``(1) the housing constructed, acquired, or rehabilitated 
     under the program;
       ``(2) the effects of the housing described in paragraph (1) 
     on costs to low-income families of affordable housing;
       ``(3) the effectiveness of each recipient in achieving the 
     results intended to be achieved, as described in the Indian 
     housing plan for the Indian tribe; and
       ``(4) the need for, and effectiveness of, extending the 
     duration of the program and increasing the amount of grants 
     under section 101 that may be used under the program.
       ``(b) Report.--Not later than December 31, 2011, the 
     Secretary shall submit to Congress a report describing the 
     information obtained pursuant to the review under subsection 
     (a) (including any conclusions and recommendations of the 
     Secretary with respect to the program under this subtitle), 
     including--
       ``(1) recommendations regarding extension of the program 
     for subsequent fiscal years and increasing the amounts under 
     section 232(c) that may be used under the program; and
       ``(2) recommendations for--
       ``(A)(i) specific Indian tribes or recipients that should 
     be prohibited from participating in the program for failure 
     to achieve results; and
       ``(ii) the period for which such a prohibition should 
     remain in effect; or
       ``(B) standards and procedures by which Indian tribes or 
     recipients may be prohibited from participating in the 
     program for failure to achieve results.
       ``(c) Provision of Information to Secretary.--
     Notwithstanding any other provision of this Act, recipients 
     participating in the program under this subtitle shall 
     provide such information to the Secretary as the Secretary 
     may request, in sufficient detail and in a timely manner 
     sufficient to ensure that the review and report required by 
     this section is accomplished in a timely manner.''.
       (b) Technical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 note) is amended--
       (1) by inserting after the item for title II the following:

              ``Subtitle A--General Block Grant Program'';

       (2) by inserting after the item for section 205 the 
     following:

``Sec. 206. Treatment of funds.'';

     and
       (3) by inserting before the item for title III the 
     following:

``Subtitle B--Self-Determined Housing Activities for Tribal Communities

``Sec. 231. Purposes.
``Sec. 232. Program authority.
``Sec. 233. Use of amounts for housing activities.
``Sec. 234. Inapplicability of other provisions.
``Sec. 235. Review and report.''.

[[Page S4898]]

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

     SEC. 301. ALLOCATION FORMULA.

       Section 302 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4152) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Study of need data.--
       ``(A) In general.--The Secretary shall enter into a 
     contract with an organization with expertise in housing and 
     other demographic data collection methodologies under which 
     the organization, in consultation with Indian tribes and 
     Indian organizations, shall--
       ``(i) assess existing data sources, including alternatives 
     to the decennial census, for use in evaluating the factors 
     for determination of need described in subsection (b); and
       ``(ii) develop and recommend methodologies for collecting 
     data on any of those factors, including formula area, in any 
     case in which existing data is determined to be insufficient 
     or inadequate, or fails to satisfy the requirements of this 
     Act.
       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section, to remain available until 
     expended.''; and
       (2) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1)(A) The number of low-income housing dwelling units 
     developed under the United States Housing Act of 1937 (42 
     U.S.C. 1437 et seq.), pursuant to a contract between an 
     Indian housing authority for the tribe and the Secretary, 
     that are owned or operated by a recipient on the October 1 of 
     the calendar year immediately preceding the year for which 
     funds are provided, subject to the condition that such a unit 
     shall not be considered to be a low-income housing dwelling 
     unit for purposes of this section if--
       ``(i) the recipient ceases to possess the legal right to 
     own, operate, or maintain the unit; or
       ``(ii) the unit is lost to the recipient by conveyance, 
     demolition, or other means.
       ``(B) If the unit is a homeownership unit not conveyed 
     within 25 years from the date of full availability, the 
     recipient shall not be considered to have lost the legal 
     right to own, operate, or maintain the unit if the unit has 
     not been conveyed to the homebuyer for reasons beyond the 
     control of the recipient.
       ``(C) If the unit is demolished and the recipient rebuilds 
     the unit within 1 year of demolition of the unit, the unit 
     may continue to be considered a low-income housing dwelling 
     unit for the purpose of this paragraph.
       ``(D) In this paragraph, the term `reasons beyond the 
     control of the recipient' means, after making reasonable 
     efforts, there remain--
       ``(i) delays in obtaining or the absence of title status 
     reports;
       ``(ii) incorrect or inadequate legal descriptions or other 
     legal documentation necessary for conveyance;
       ``(iii) clouds on title due to probate or intestacy or 
     other court proceedings; or
       ``(iv) any other legal impediment.
       ``(E) Subparagraphs (A) through (D) shall not apply to any 
     claim arising from a formula current assisted stock 
     calculation or count involving an Indian housing block grant 
     allocation for any fiscal year through fiscal year 2008, if a 
     civil action relating to the claim is filed by not later than 
     45 days after the date of enactment of this subparagraph.''.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

     SEC. 401. REMEDIES FOR NONCOMPLIANCE.

       Section 401(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Substantial noncompliance.--The failure of a 
     recipient to comply with the requirements of section 
     302(b)(1) regarding the reporting of low-income dwelling 
     units shall not, in itself, be considered to be substantial 
     noncompliance for purposes of this title.''.

     SEC. 402. MONITORING OF COMPLIANCE.

       Section 403(b) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4163(b)) is 
     amended in the second sentence by inserting ``an appropriate 
     level of'' after ``shall include''.

     SEC. 403. PERFORMANCE REPORTS.

       Section 404(b) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4164(b)) is 
     amended--
       (1) in paragraph (2)--
       (A) by striking ``goals'' and inserting ``planned 
     activities''; and
       (B) by adding ``and'' after the semicolon at the end;
       (2) in paragraph (3), by striking ``; and'' at the end and 
     inserting a period; and
       (3) by striking paragraph (4).

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

     SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.

       (a) In General.--Title V of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181 
     et seq.) is amended by adding at the end the following:

     ``SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.

       ``Nothing in this Act or an amendment made by this Act 
     prohibits or prevents any participating jurisdiction (within 
     the meaning of the HOME Investment Partnerships Act (42 
     U.S.C. 12721 et seq.)) from providing any amounts made 
     available to the participating jurisdiction under that Act 
     (42 U.S.C. 12721 et seq.) to an Indian tribe or a tribally 
     designated housing entity for use in accordance with that Act 
     (42 U.S.C. 12721 et seq.).''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 note) is amended by 
     inserting after the item relating to section 508 the 
     following:

``Sec. 509. Effect on HOME Investment Partnerships Act.''.

  TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                         DEVELOPMENT ACTIVITIES

     SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 
                   FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                   DEVELOPMENT ACTIVITIES.

       (a) In General.--Title VI of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4191 
     et seq.) is amended by adding at the end the following:

     ``SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 
                   FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                   DEVELOPMENT ACTIVITIES.

       ``(a) Authority.--
       ``(1) In general.--Subject to paragraph (2), to the extent 
     and in such amounts as are provided in appropriation Acts, 
     subject to the requirements of this section, and in 
     accordance with such terms and conditions as the Secretary 
     may prescribe, the Secretary may guarantee and make 
     commitments to guarantee the notes and obligations issued by 
     Indian tribes or tribally designated housing entities with 
     tribal approval, for the purposes of financing activities 
     carried out on Indian reservations and in other Indian areas 
     that, under the first sentence of section 108(a) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5308), are eligible for financing with notes and other 
     obligations guaranteed pursuant to that section.
       ``(2) Limitation.--The Secretary may guarantee, or make 
     commitments to guarantee, under paragraph (1) the notes or 
     obligations of not more than 4 Indian tribes or tribally 
     designated housing entities located in each Department of 
     Housing and Urban Development Office of Native American 
     Programs region.
       ``(b) Low-Income Benefit Requirement.--Not less than 70 
     percent of the aggregate amount received by an Indian tribe 
     or tribally designated housing entity as a result of a 
     guarantee under this section shall be used for the support of 
     activities that benefit low-income families on Indian 
     reservations and other Indian areas.
       ``(c) Financial Soundness.--
       ``(1) In general.--The Secretary shall establish 
     underwriting criteria for guarantees under this section, 
     including fees for the guarantees, as the Secretary 
     determines to be necessary to ensure that the program under 
     this section is financially sound.
       ``(2) Amounts of fees.--Fees for guarantees established 
     under paragraph (1) shall be established in amounts that are 
     sufficient, but do not exceed the minimum amounts necessary, 
     to maintain a negative credit subsidy for the program under 
     this section, as determined based on the risk to the Federal 
     Government under the underwriting requirements established 
     under paragraph (1).
       ``(d) Terms of Obligations.--
       ``(1) In general.--Each note or other obligation guaranteed 
     pursuant to this section shall be in such form and 
     denomination, have such maturity, and be subject to such 
     conditions as the Secretary may prescribe, by regulation.
       ``(2) Limitation.--The Secretary may not deny a guarantee 
     under this section on the basis of the proposed repayment 
     period for the note or other obligation, unless--
       ``(A) the period is more than 20 years; or
       ``(B) the Secretary determines that the period would cause 
     the guarantee to constitute an unacceptable financial risk.
       ``(e) Limitation on Percentage.--A guarantee made under 
     this section shall guarantee repayment of 95 percent of the 
     unpaid principal and interest due on the note or other 
     obligation guaranteed.
       ``(f) Security and Repayment.--
       ``(1) Requirements on issuer.--To ensure the repayment of 
     notes and other obligations and charges incurred under this 
     section and as a condition for receiving the guarantees, the 
     Secretary shall require the Indian tribe or housing entity 
     issuing the notes or obligations--
       ``(A) to enter into a contract, in a form acceptable to the 
     Secretary, for repayment of notes or other obligations 
     guaranteed under this section;
       ``(B) to demonstrate that the extent of each issuance and 
     guarantee under this section is within the financial capacity 
     of the Indian tribe; and
       ``(C) to furnish, at the discretion of the Secretary, such 
     security as the Secretary determines to be appropriate in 
     making the guarantees, including increments in local tax 
     receipts generated by the activities assisted by a guarantee 
     under this section or disposition proceeds from the sale of 
     land or

[[Page S4899]]

     rehabilitated property, except that the security may not 
     include any grant amounts received or for which the issuer 
     may be eligible under title I.
       ``(2) Full faith and credit.--
       ``(A) In general.--The full faith and credit of the United 
     States is pledged to the payment of all guarantees made under 
     this section.
       ``(B) Treatment of guarantees.--
       ``(i) In general.--Any guarantee made by the Secretary 
     under this section shall be conclusive evidence of the 
     eligibility of the obligations for the guarantee with respect 
     to principal and interest.
       ``(ii) Incontestable nature.--The validity of any such a 
     guarantee shall be incontestable in the hands of a holder of 
     the guaranteed obligations.
       ``(g) Training and Information.--The Secretary, in 
     cooperation with Indian tribes and tribally designated 
     housing entities, may carry out training and information 
     activities with respect to the guarantee program under this 
     section.
       ``(h) Limitations on Amount of Guarantees.--
       ``(1) Aggregate fiscal year limitation.--Notwithstanding 
     any other provision of law, subject only to the absence of 
     qualified applicants or proposed activities and to the 
     authority provided in this section, and to the extent 
     approved or provided for in appropriations Acts, the 
     Secretary may enter into commitments to guarantee notes and 
     obligations under this section with an aggregate principal 
     amount not to exceed $200,000,000 for each of fiscal years 
     2008 through 2012.
       ``(2) Authorization of appropriations for credit subsidy.--
     There are authorized to be appropriated to cover the costs 
     (as defined in section 502 of the Congressional Budget Act of 
     1974 (2 U.S.C. 661a)) of guarantees under this section 
     $1,000,000 for each of fiscal years 2008 through 2012.
       ``(3) Aggregate outstanding limitation.--The total amount 
     of outstanding obligations guaranteed on a cumulative basis 
     by the Secretary pursuant to this section shall not at any 
     time exceed $1,000,000,000 or such higher amount as may be 
     authorized to be appropriated for this section for any fiscal 
     year.
       ``(4) Fiscal year limitations on indian tribes.--
       ``(A) In general.--The Secretary shall monitor the use of 
     guarantees under this section by Indian tribes.
       ``(B) Modifications.--If the Secretary determines that 50 
     percent of the aggregate guarantee authority under paragraph 
     (3) has been committed, the Secretary may--
       ``(i) impose limitations on the amount of guarantees 
     pursuant to this section that any single Indian tribe may 
     receive in any fiscal year of $25,000,000; or
       ``(ii) request the enactment of legislation increasing the 
     aggregate outstanding limitation on guarantees under this 
     section.
       ``(i) Report.--Not later than 4 years after the date of 
     enactment of this section, the Secretary shall submit to 
     Congress a report describing the use of the authority under 
     this section by Indian tribes and tribally designated housing 
     entities, including--
       ``(1) an identification of the extent of the use and the 
     types of projects and activities financed using that 
     authority; and
       ``(2) an analysis of the effectiveness of the use in 
     carrying out the purposes of this section.
       ``(j) Termination.--The authority of the Secretary under 
     this section to make new guarantees for notes and obligations 
     shall terminate on October 1, 2012.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 note) is amended by 
     inserting after the item relating to section 605 the 
     following:

``Sec. 606. Demonstration program for guaranteed loans to finance 
              tribal community and economic development activities.''.

                           TITLE VII--FUNDING

     SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

       (a) Block Grants and Grant Requirements.--Section 108 of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4117) is amended in the first sentence 
     by striking ``1998 through 2007'' and inserting ``2008 
     through 2012''.
       (b) Federal Guarantees for Financing for Tribal Housing 
     Activities.--Section 605 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4195) is amended in subsections (a) and (b) by striking 
     ``1997 through 2007'' each place it appears and inserting 
     ``2008 through 2012''.
       (c) Training and Technical Assistance.--Section 703 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4212) is amended by striking ``1997 
     through 2007'' and inserting ``2008 through 2012''.

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