[Congressional Record Volume 160, Number 145 (Tuesday, December 2, 2014)]
[House]
[Pages H8246-H8254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2014
Mr. PEARCE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4329) to reauthorize the Native American Housing Assistance
and Self-Determination Act of 1996, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4329
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2014''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. 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. Limitation on use of funds for Cherokee Nation.
Sec. 603. Leasehold interest in trust or restricted lands for housing
purposes.
Sec. 604. Clerical amendment.
TITLE VII--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
Sec. 701. Demonstration program.
Sec. 702. Clerical amendments.
TITLE VIII--HOUSING FOR NATIVE HAWAIIANS
Sec. 801. Reauthorization of Native Hawaiian Homeownership Act.
Sec. 802. Reauthorization of loan guarantees for Native Hawaiian
housing.
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
[[Page H8247]]
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 2014 through 2018''.
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 of 2015 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.''.
[[Page H8248]]
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 subsection for fiscal year 2015 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.--Such funds shall be
administered by block grant recipients in accordance with
program requirements under Native American Housing Assistance
and Self-Determination Act of 1996 in lieu of program
requirements under this Act.
``(v) Waiver.--The Secretary may waive, or specify
alternative requirements for any provision of any statute or
regulation that the Secretary administers in connection with
the use of funds made available under this subparagraph, but
only upon a finding by the Secretary that such waiver or
alternative requirement is necessary to promote
administrative efficiency, eliminate delay, consolidate or
eliminate duplicative or ineffective requirements or
criteria, or otherwise provide for the effective delivery and
administration of such supportive housing assistance to
Native American veterans.
``(vi) Consultation.--The Secretary and the Secretary of
Veterans Affairs shall jointly consult with block grant
recipients and any other appropriate tribal organizations
to--
``(I) ensure that block grant recipients administering
funds made available under the program under this
subparagraph are able to effectively coordinate with
providers of supportive services provided in connection with
such program; and
``(II) ensure the effective delivery of supportive services
to Native American veterans that are homeless or at risk of
homelessness eligible to receive assistance under this
subparagraph.
Consultation pursuant to this clause shall be completed by a
date sufficient to provide for implementation of the program
under this subparagraph in accordance with clause (i).
``(vii) 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 2014 through 2018.''; and
(2) in subparagraph (C)--
(A) by striking ``2008 through 2012'' and inserting ``2014
through 2018''; 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 2014''.
SEC. 602. LIMITATION ON USE OF FUNDS FOR CHEROKEE NATION.
Section 801 of the Native American Housing Assistance and
Self-Determination Reauthorization Act of 2008 (Public Law
110-411) is amended by striking ``Temporary Order and
Temporary Injunction issued on May 14, 2007, by the District
Court of the Cherokee Nation'' and inserting ``Order issued
September 21, 2011, by the Federal District Court for the
District of Columbia''.
SEC. 603. 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. 604. 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.
Add at the end of the Act 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--
[[Page H8249]]
``(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
[[Page H8250]]
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.''.
TITLE VIII--HOUSING FOR NATIVE HAWAIIANS
SEC. 801. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP
ACT.
Section 824 (25 U.S.C. 4243) is amended by striking ``such
sums as may be necessary'' and all that follows through the
period at the end and inserting ``$13,000,000 for each of
fiscal years 2015 through 2019.''.
SEC. 802. REAUTHORIZATION OF LOAN GUARANTEES FOR NATIVE
HAWAIIAN HOUSING.
Section 184A(j)(5) of the Housing and Community Development
Act of 1992 (12 U.S.C. 1715z-13b(j)(5)) is amended--
(1) in subparagraph (B), by inserting after the period at
the end of the first sentence the following: ``There are
authorized to be appropriated for such costs $386,000 for
each of fiscal years 2015 through 2019.''; and
(2) in subparagraph (C), by striking ``for each of fiscal
years'' and all that follows through the period at the end
and inserting ``for each of fiscal years 2015 through 2019
with an aggregate outstanding principal amount not exceeding
$41,504,000 for each such fiscal year.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Mexico (Mr. Pearce) and the gentlewoman from Wisconsin (Ms. Moore) each
will control 20 minutes.
The Chair recognizes the gentleman from New Mexico.
General Leave
Mr. PEARCE. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and submit extraneous materials for the Record on H.R. 4329, as
amended, currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Mexico?
There was no objection.
Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Native American Housing Assistance and Self-
Determination Act was first signed into law in 1996. This 5-year
authorization bill was conceptualized not to simply be another Federal
subsidy for Native Americans but rather a bridge to assist millions in
creating a better living condition, create housing opportunities, and
find prosperity for tribal members.
My family's story is exactly this one: when I was born, Dad and Mom
had to move the chickens out of the shack that we moved into. That
building still has a dirt floor in it today and wires in the windows. I
have seen housing conditions similar to this still in New Mexico. I
understand that my family made its way up the prosperity ladder
starting, first, with owning our own home and, second, with then
finding other ways to achieve asset acquisitions, and the same thing
can happen for Native Americans.
In the last 10 years, NAHASDA, as it is known, has become a driving
force
[[Page H8251]]
for positive change and improvement on tribal lands. Through increased
access to safe and affordable housing and lease-to-own programs aimed
at providing rural tribes with a means for self-growth, the program has
provided flexibility and independence to tribal members nationwide.
This year we are not only reauthorizing this critical bill that
provides much-needed housing; we are also attempting to continue
NAHASDA's tradition of transforming housing programs. We are doing so
by capturing and enhancing market efficiencies and the effectiveness of
streamlined processes to continue building prosperity, something that
has been elusive on tribal lands for too long.
I would like to thank all of those who have assisted in the
development and promotion of this legislation, Congressman Don Young,
Congressman Tom Cole, Congresswoman Gwen Moore, Congressman Denny Heck,
and Congresswoman Maxine Waters, who made great suggestions during the
markup of this bill. Along with their staffs, they have worked
tirelessly to make the reauthorization of this act possible and a truly
bipartisan effort that achieves many of the reforms requested by Native
American tribes nationwide.
Working together, we were able to reduce the burden on tribes and
expand the opportunities in Native American housing. These reforms will
result in more efficient use of taxpayer money and provide approval of
projects with greater speed, allowing tribes to focus money and
resources on development and innovation instead of spending inordinate
amounts of time and money on administrative requirements. Ultimately,
this will provide more families with homes.
Mr. Speaker, I commend HUD for truly embracing the need for more
modernized programs with more accountability, transparency, and
increased self-determination among Native Americans. Their willingness
to engage with our offices, my counterparts working on this issue, and
the committee has allowed us to create a more united product. Some
Native Americans, upon reading the bill, have declared these changes
and ideas will become transformational if they are adopted into law.
Transformational is what we all came here to do.
H.R. 4329 includes a number of reforms, updates, and additions to the
originating legislation, which are widely supported across Native
American tribes. Since passage out of the Financial Services Committee,
our office has received countless letters of support for passage of the
bill.
In discussions with tribal housing councils and tribal leaders, there
was great frustration with HUD for continued delays, and in extreme
cases, failure to respond altogether. This legislation includes a
compromise way forward to address this shortcoming. It sets a
requirement that HUD shall respond to tribes within a 60-day period,
ensuring timely responsiveness, but it does this without jeopardizing
HUD's oversight responsibility.
This reauthorization has a special provision that provides tribal
businesses with greater opportunities for employment on tribal housing
projects. The bill provides tribes with the flexibility to create
independent maximum rent requirements dictated by the needs of their
communities and with the flexibility to commingle Indian Health Service
funds with NAHASDA money to construct sanitation facilities and greater
infrastructure around housing developments.
Working with the administration, my legislation includes language to
recoup unexpended funds within the program. The agreement that was
reached is more accommodating to tribal needs than the original
request, allowing more room for tribes to work through their balances
while meeting the need for efficiencies in the system.
Finally, we have included a new demonstration project in the bill
designed to attract greater private financing and more developers to
invest private money in housing projects on tribal lands. This program
envisions the same privatization projects that occurred on military
land and succeeded in providing great numbers of new houses for
military individuals in a very short period of time. The objective here
is to put more Native Americans in homes and work through the backlog
of housing needs in ways unseen before on Native lands.
NAHASDA was designed to promote development and increase flexibility
so that tribes may meet the unique challenges they face and provide the
self-determination tribes deserve. The legislation before you today
expands upon these principles and represents an opportunity for greater
prosperity for a cross-section of our society that in many parts of the
Nation is truly in need of assistance.
Finally, I would like to thank Chairman Hensarling and Majority
Leader McCarthy and their staff for their willingness to address this
issue and working with me to bring it up to date.
Mr. Speaker, I reserve the balance of my time.
Ms. MOORE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this day is a culmination of a lot of time, a lot of
work, and a lot of conversations back and forth, but, again, it is the
best work that we have been able to produce in a bipartisan manner. It
is not perfect, but I do want to thank all of our partners in this
process. Representatives Cole, Hanabusa, Heck, Kildee, Pearce, and
Young have really been just outstanding partners. I really want to
thank Ranking Member Waters. She has been supportive, constructive,
and, not to mention, exceedingly patient.
I also want to thank the Native American community. The National
Congress of American Indians, the National American Indian Housing
Council, and many individual tribes from across the country have
provided their expertise, their comments, their education, and their
energy every single step of the way. My very first meeting in the 112th
Congress was with one of my Wisconsin tribes, and I assured them that I
would keep fighting to get NAHASDA to the floor, this reauthorization
that honors the unique needs and sovereignty of the Nations of the
First People, and H.R. 4329 keeps that promise.
It is a model for how Congress can work. Of course, again, there is
not 100 percent agreement on every provision. I am waiting for the
perfect bill. But we cannot let the perfect stand in the way of the
possible. We must do what is the best for our tribal communities at
this time.
NAHASDA provides tribal governments the ability to provide safe and
affordable housing to tribal communities consistent with their status
as sovereign. And it is no small task. Some of the poorest and most
remote communities in this country are Native American. In fact, the
three poorest communities in the United States are Native American.
Improvements that this bill accomplishes include expediting certain
Federal approvals, providing rental assistance for Native American
veterans, and providing that all Native people are eligible for
NAHASDA. Expediting approval ends costly administrative duplication and
delays, which is important due to unique timing and building challenges
on reservations.
I am hopeful that when I yield time to another one of my colleagues,
Mr. Heck, that he will expand on the provisions that we are proud of in
this bill regarding Native American veterans. We are going to have
several speakers, Mr. Speaker, who are going to comment on how we,
after much back and forth, have included all Native people in this
bill.
With that, I reserve the balance of my time.
Mr. PEARCE. Mr. Speaker, at this time I yield 3 minutes to the
gentleman from Alaska (Mr. Young), who has devoted not just time this
year but decades of helping Native Americans.
Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today to support H.R. 4329, the NAHASDA
reauthorization act of 2014. Over the last 2 years, I have had the
privilege of working with a bipartisan group of my colleagues on this
crucial legislation. I would like to first start by thanking and
commending Mr. Pearce for his leadership in sponsoring this bill. This
bill wouldn't have been possible without the efforts of Mr. Cole, Ms.
Moore, Mr. Denny Heck, Ms. Hanabusa, Mr. Kildee, and all the others. I
also would like to thank Chairman Hensarling for his dedication in
moving this bill through the committee and for his statesmanship in
resolving the difficult issues.
[[Page H8252]]
I would be remiss without thanking Alex on my staff, who has done
great work on this legislation for the good of the First Americans.
Finally, it is important to acknowledge the many tribes and
organizations that contributed to this legislation. These include the
National American Indian Housing Council, which has developed a
foundation for the legislation, and the Cook Inlet Housing Authority,
which has been a tireless advocate in my State.
As my colleagues note, NAHASDA continues to be a successful and well-
liked program throughout Indian Country. NAHASDA exemplifies the spirit
of self-determination by allowing Native communities to create their
own innovative housing assistance programs in ways that best serve
their members. This bill upholds the success of NAHASDA and includes
improvements to the programs that empower Native communities to better
confront their housing challenges.
{time} 1430
Furthermore, the bill responsibly streamlines administration of the
programs so that both tribes and HUD will spend less time navigating
red tape and more time advancing housing that makes a difference for
native people.
As we pass this bill, the Senate must act quickly to take up the
legislation before the end of this Congress. I call on our colleagues
in the Senate to recognize the bipartisan nature of the bill and listen
to the voices on this side of the aisle in support of Indian Country.
It is my hope that the legislation will be signed into law before the
end of the year.
As I said, I urge and I thank those for passage of this bill, H.R.
4329.
Ms. MOORE. Mr. Speaker, it is my pleasure to yield 2 minutes to the
gentleman from Florida (Mr. Murphy), a member on the Financial Services
Committee.
Mr. MURPHY of Florida. Mr. Speaker, I thank the gentlelady for
yielding and for her hard work on the legislation.
I rise in support of reauthorizing the Native American Housing
Assistance and Self-Determination Act. Communities are built upon
access to safe, quality, affordable housing, but for many of America's
great tribal nations, bureaucratic red tape has restricted tribes'
abilities to make the most of scarce Federal housing dollars.
While Native Americans face some of the worst housing and economic
conditions in the country, this is simply unacceptable. Giving control
of housing grants to tribal nations just makes sense.
In addition to providing housing, the Miccosukee Indian Tribe of
Florida preserves tradition, fights to protect the Florida Everglades,
and works to develop the Tamiami Trail Reservation, using the
flexibility NAHASDA provides to grow native-owned construction and
building material businesses.
I thank the gentleman from New Mexico (Mr. Pearce), chairman and
ranking member of the committee, and the tribal leaders for their work
on this important bipartisan legislation that provides much-needed
reform to keep our Nation's promise to tribal nations and strengthen
their communities. I urge my colleagues to support this bipartisan
legislation.
Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
There are many different Native American groups across the country who
have sent letters of support, including the National American Indian
Housing Council, the U.S. Chamber of Commerce, Southwest Tribal Housing
Alliance, Nevada and California Indian housing authorities, and the
Northwest Indian Housing Association.
In New Mexico, the Acoma Pueblo, Laguna Pueblo, Mescalero Apache,
Jicarilla Apache, Santa Clara Pueblo, the Northern Pueblo, Santo
Domingo Pueblo, and the Navajo Nation offers its support. Indian tribes
all across the country are lending their support.
I did note that I had overlooked the gentleman from Michigan (Mr.
Kildee) on the other side of the aisle. His office was also greatly
involved and instrumental in this bill, and I would like to recognize
those efforts.
I reserve the balance of my time.
Ms. MOORE. Mr. Speaker, I am so happy to yield 2 minutes to the
gentleman from Michigan (Mr. Kildee), who came here in his running
shoes and really came here because of his relationship to his uncle who
is one of our former retired colleagues, Mr. Kildee of Michigan, and
the younger Mr. Kildee has been a tremendous asset in terms of putting
this bill together.
Mr. KILDEE. Mr. Speaker, I thank the gentlewoman from Wisconsin (Ms.
Moore) for her great work on this legislation and her kind words, as
well as Ranking Member Waters, and to Mr. Pearce who has pursued this
legislation relentlessly, Mr. Young, and others, I think this is a fine
moment for us. It is an exercise in bipartisanship which we don't see
enough of around here.
This is important legislation that has taken too long for Congress to
bring to the floor. I think we all agree that it is long overdue. Our
responsibilities, our trust relationships to the tribes has to be
adhered to.
I will say no bill is perfect, and I do support this legislation with
some concerns primarily around, as I voiced in committee, the
demonstration project that is included in this bill which is, by some,
viewed as a step toward privatization of the NAHASDA program.
I know most don't feel that way, but some feel it might lead to that.
Tribes already have the ability to contract with nonprofit or for-
profit private developers in building and rehabilitating tribal
housing.
This particular program, the demonstration program, is not included
in the National American Indian Housing Council's NAHASDA
recommendations, and I think it is important that we listen to Indian
Country and those in the tribal communities because the very name of
this bill has to do with self-determination, and I think it is
important that we adhere to the interests of those sovereign tribes
that will be administering this program.
There are other provisions that will be exempt from the NAHASDA
requirements if in fact the privatization effort goes forward, so I
would just be cautioning those tribal organizations and housing
authorities that will be implementing under this law to take care to
examine those relationships that they might enter into before pursuing
the pilot program.
I will finish by saying that it is important that this legislation
move forward. No bill is perfect. This is a very good step forward. I
commend leaders on both sides of the aisle for bringing this to the
floor, and I look forward to it becoming law very soon.
Mr. PEARCE. Mr. Speaker, again, I appreciate the observations by the
gentleman. We had time to discuss after the hearing and after the
markup, and at that time, it was pointed out that the pilot project is
completely voluntary, easy to opt into and easy to opt out of.
It is not our intent to trap or entrap anyone, but instead open a
door if they desire to go through it. I think there will be tribes that
can go in and build all of houses that they need in a very short period
of time. That is what we are looking for, but again, I take his
observations very seriously, and we have looked for flaws in the
program that might be hooks or have unintended consequences.
I reserve the balance of my time.
Ms. MOORE. Mr. Speaker, I am absolutely delighted to yield 2 minutes
to the gentlewoman from Hawaii (Ms. Hanabusa), who is not a member of
the committee but weighed in heavily on the final draft that is before
us today.
Ms. HANABUSA. Mr. Speaker, I thank the gentlewoman from Wisconsin not
only for yielding, but for her hard work and advocacy for native
people.
I rise in support of this important piece of legislation for all of
our native people, and I want to thank the chair and the ranking member
of the Financial Services Committee for moving the bill forward.
Our native people, all native people, the Native Hawaiians included,
have a very strong tie to the land. In Hawaii, it is called the aina.
The need to have homeownership and to be tied to the land equates to
the preservation of the culture and of the people.
In Hawaii, we continue to have beneficiaries of a Federal law called
the Hawaiian Homes Commission Act of 1920, which Congress did pass, who
are still waiting to get on the land--still waiting. This
reauthorization will bring us closer to fulfilling the intent and the
purpose of that act.
[[Page H8253]]
I appreciate the bipartisan efforts which have gone into this bill,
and I would like to point out that title VIII, the portion that is
relevant to the Native Hawaiians, expired in 2005.
It is almost 10 years later, and it is only through the bipartisan
efforts of this committee and those like my good friend from Alaska
(Mr. Young) and Mr. Cole from Oklahoma, who have managed to push this
forward with all of our strong advocates on the committee as well.
I ask that all Members of this body join me in supporting H.R. 4329
for all the native people because it is how we define and how we treat
our native people that makes us a better Nation and a great Nation.
Mr. PEARCE. Mr. Speaker, again, recognizing the gentlelady from
Hawaii, we had an opportunity to visit on the floor multiple times, and
I recognize her inputs and just again would salute her for her support
of the bill.
I reserve the balance of my time.
Ms. MOORE. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Hawaii (Ms. Gabbard), who is one of many people who participated in
getting this bill to where it is today.
Ms. GABBARD. Mr. Speaker, today, I rise proudly in support of H.R.
4329, the Native American Housing Assistance and Self-Determination
Reauthorization of 2014. In the 18 years since its enactment, this
legislation has strengthened indigenous self-determination by
empowering native nations to empower their low-income families and
households by assisting with their affordable housing needs.
The State of Hawaii's Department of Hawaiian Home Lands uses these
funds to manage a trust that Congress established for the
rehabilitation of the Native Hawaiian people. Over 1,400 low-income
families in Hawaii have benefited from these services, and in many
cases, homeownership would not have been possible given the $640,000
median price of a single-family home on the island of Oahu.
I would like to give one quick example of the Nakihei family on the
island of Molokai. Brent and Amber Nakihei could not have afforded to
remain in the neighborhood where Brent grew up, but they partnered with
the Molokai Habitat for Humanity and Hawaiian Homes to build a new
three-bedroom, one-bath house in 2007.
They invested 700 hours of work towards construction of that house,
and their four children will now learn the responsibility of
homeownership from a young age and have a safe home to grow up in.
Passage of this legislation will continue to have a tremendous impact
by enabling other families like the Nakihei family.
Nationwide passage of this legislation also would represent an
important step to removing roadblocks to economic success in native
communities and would reaffirm the House's longstanding commitment to
tribal sovereignty and self-determination.
I thank my colleagues, Chairman Hensarling, Ranking Member Waters,
and Representative Moore for their outstanding leadership in allowing
this legislation to move forward, as well as longtime advocate
Representative Young, Congresswoman Hanabusa, and Dan Kildee who worked
very hard on this legislation. I urge my colleagues to join me in
supporting H.R. 4329.
Mr. PEARCE. Mr. Speaker, I reserve the balance of my time.
Ms. MOORE. Mr. Speaker, I am delighted to yield such time as she may
consume to the gentlewoman from California (Ms. Waters), the ranking
member of the Financial Services Committee, who has really put a lot of
time into this bill.
As the ranking member, she serves on all of the subcommittees, but
she has been particularly passionate about her stewardship over this
bill.
Ms. WATERS. Mr. Speaker, this bill will provide an important and long
overdue reauthorization of the Native American Housing Assistance and
Self-Determination Act, or NAHASDA.
Through NAHASDA, the Federal Government provides housing assistance
to Native Americans and Native Hawaiians, two groups that not only
experience some of the poorest housing conditions in the Nation, but
also face unique barriers to housing due to the legal status of tribal
lands.
Through block grants and loan guarantees, NAHASDA ensures Federal
assistance is tailored to address their needs while respecting their
right to self-determination. I am encouraged that my Republican
colleagues have finally agreed to include a provision to reauthorize
Native Hawaiian programs.
As a supporter of the reauthorization of NAHASDA, I did not object to
the bill before us today moving forward under suspension; however, this
is one of those times, while you understand very well why
reauthorization is necessary, I must go on record to continue to
support a fight and a struggle that I have been involved in with some
of my colleagues for many years.
The bill will do nothing to protect the Cherokee Freedmen--
descendants of former African American slaves of the Cherokee--who are
facing possible expulsion by the Cherokee Nation.
The ancestors of the Freedmen marched with the Cherokee on the Trail
of Tears; yet, today, their tragic history continues as the Freedmen
face ongoing discrimination from the tribe that they call their own.
{time} 1445
For the past several years, under the leadership of former Members,
including former Congresswoman Carolyn Kilpatrick and former
Congressman Mel Watt, the Congressional Black Caucus has stood up for
the rights of the Cherokee Freedmen.
I attempted to deal with this issue by way of an amendment, but the
Republicans again refused to offer protections for the Cherokee
Freedmen in this legislation. During the committee markup, my amendment
was rejected, which would have made NAHASDA funding to the Cherokee
contingent on full recognition of the Freedmen as citizens of the
Cherokee Nation. It causes me great pain to not be able to support the
continued silence on this issue.
Furthermore, there is one other issue that I have to be concerned
about. This bill would seriously undercut the central goal of providing
affordable housing for low-income Native Americans. It would waive a
low-standing tenet of affordable housing known as the ``Brooke rule,''
which states that the maximum rent paid by assisted households must be
no more than 30 percent of their income. I have to be concerned about
this because this is a rule that is throughout HUD. I do not wish to be
part of opening up that door and then having to face that later on as
we deal with public housing and assisted housing. This bill strips away
this basic safeguard, making low-income Native Americans vulnerable to
unlimited increases in rent without any kind of hardship exemptions in
place.
Lastly, this bill includes a new demonstration program that moves
toward increased privatization and deregulation of tribal housing
activities. I remain very concerned that this program could have
negative impacts on low-income Native American households in
participating tribes.
I would like to sincerely thank Ms. Moore, Mr. Heck, and Mr. Kildee
for their efforts to reach a bipartisan agreement on this bill. I would
like to thank Ms. Hanabusa and Ms. Gabbard for the work that they are
doing. I won't support the reauthorization in its current form for all
the reasons I have stated, but I thank all of those who have worked so
hard to try and deal with the need for assistance for both the
Hawaiians and the Native Americans in housing.
Mr. PEARCE. Mr. Speaker, I reserve the balance of my time.
Ms. MOORE. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentlewoman from Wisconsin has 5\1/2\
minutes remaining. The gentleman from New Mexico has 10 minutes
remaining.
Ms. MOORE. Mr. Speaker, I yield myself such time as I may consume.
Let me thank again all of the partners in getting this legislation to
the floor.
I do want to make mention of someone who is not a part of this
debate, the gentlewoman from Minnesota, Representative Betty McCollum,
who is the cochair of the Native American Caucus. She wanted to make
sure that she weighed in during this discussion about the extraordinary
need to deal with Native American housing.
So many of us believe that Native Americans often are involved in
gaming and that they are wealthy and rich, but as the ranking member
mentioned, they are subjected to some of the poorest housing conditions
in our country.
[[Page H8254]]
Although we are reauthorizing NAHASDA, none of us should be fooled at
all that this will in any way deal with the tremendous need for
affordable housing within Native American communities.
I, again, am very, very empathetic with the issues, particularly that
the ranking member has raised, and I am really hopeful that many of
these issues, particularly the issue of the Cherokee Freedmen, will be
dealt with. It seems promising to me because of some of the decisions
that have been made in courts so far.
We do seem to have a Cherokee chairman who is more open, it would
seem, to providing membership and retaining membership of the Cherokee
Freedmen.
I, again, am happy that the Native Hawaiians are in this bill. I
think that as we move forward, we should be ever mindful to make sure
that nothing that we have done here will preempt the Native Americans'
sovereignty or sovereignty status.
Again, I want to thank all of my partners.
I yield back the balance of my time.
Mr. PEARCE. Mr. Speaker, I yield 3 minutes to the gentleman from
Oklahoma (Mr. Cole), who is a tireless advocate for Native Americans
and Native American housing.
Mr. COLE. Mr. Speaker, I thank my friend for yielding.
I rise to support the Native American Housing Assistance and Self-
Determined Reauthorization Act of 2014.
I want to begin by thanking my friend Mr. Pearce. Nobody has worked
harder on this legislation and, frankly, cared more and done more to
make sure that a part of our population that historically has not done
well, to say the least, has the opportunity to not only receive some
benefits that are appropriately and rightfully theirs, but to take more
control over their own destiny and their own housing. I think this
legislation does just that.
I want to thank Members on both sides of the aisle. I see my good
friend from Wisconsin over there who, we worked together on VAWA. I
know what her commitment is on Native American issues, and I appreciate
that very, very much.
This legislation provides Native American tribes with much greater
efficiencies when deploying NAHASDA funding. We all know government,
however well intentioned, quite often is a pretty clumsy and pretty
bureaucratic instrument. Consolidating the environmental review
requirements, requiring the HUD Secretary to study and recommend to
Congress standards to streamline the construction of Indian housing,
recommendations for HUD to establish alternative reporting requirements
for tribes, these are all good things that will speed the development
of housing and allow tribes to deploy their funds more efficiently.
There is also legislation in here to deal with taxpayer protections
and tribal accountability to make sure the HUD Secretary has the
authority to recoup unexpended funds that are held for too long; it
strengthens tribal flexibility and sovereignty; and, finally, it allows
tribes to pursue alternative funding sources by encouraging private
investment, something that is desperately needed.
I know, and happened to come in the last part of the debate, there
was some discussion about the Cherokee Freedmen issue. That is an issue
I know a fair amount about since the tribe is located in my home State
of Oklahoma. I want to agree with Ms. Moore that we do have a chief,
Chief Baker, who is extremely concerned about this issue and is trying
to work it through.
The bill itself, the language, is really just an update from what we
did in 2008. We are trying to allow the courts and the tribe to solve
the issue. I think they genuinely have made progress that the people
here that have had legitimate concerns about this issue can be proud
of. I think they will continue to do that. But there is no substantive
change in what my friend Mr. Pearce has brought forward and what
existing law was in this area.
I just want to end once more by thanking my friend Mr. Pearce.
Frankly, this bill would not have been on this floor without his
diligent work. I certainly want to thank Mr. Hensarling for working
with my friend Mr. Pearce, and I want to thank my friends on the other
side of the aisle who also have focused a great deal of attention and
concern on this issue to try and make sure that the first Americans
aren't the last Americans in almost every category. So, again, I thank
my friends, and I look forward to the passage of this legislation.
Mr. PEARCE. Mr. Speaker, I yield myself the remainder of my time.
I thank the gentleman from Oklahoma and, again, appreciate his
leadership.
As you have heard, there is no shortage of debate on the bill, but
there is also no shortage of people coming together and saying let's
pass this bill.
I listened with interest to the ranking member. The points that she
made today were made during the markup, and, again, I appreciate and
respect that and have not set those concerns off on the side. It was
absolutely essential that we move the bill forward in order to get this
passed in this session, so I appreciate all of the support from our
partners across the aisle.
This support that you are hearing from Native Americans across the
country from people in this Chamber is no coincidence. It comes from
hard work, and that hard work has come from both sides of the aisle,
but especially from Ms. Moore, Mr. Heck, Mr. Kildee, and, again, Ms.
Waters. So thank you all for that dedicated effort. On our side, Mr.
Young, Mr. Cole, and Mr. Hensarling have been just vital in getting
this kind of pulled together in a fashion that we could bring it here
today on suspension.
For the past 2 years, my office and I have worked with countless
tribal leaders and housing associations nationwide; we have worked with
other Members of Congress from both sides of the aisle; we have worked
with HUD and the administration--all for one end result, and that is to
create greater prosperity for Native Americans. It is that simple.
I am proud to cosponsor H.R. 4329 because it does so much to
accomplish this goal. For generations, prosperity and growth has evaded
many Native American communities. NAHASDA is not designed as an
entitlement but, rather, as a tool of empowerment and growth. To date,
each reauthorization has built upon the past to make alternations and
updates designed to provide greater autonomy and prosperity on tribal
lands. H.R. 4329 is no exception.
I ask that you join me today in reauthorizing this commonsense yet
transformative legislation, which will help millions realize the dream
of prosperity. Vote ``yes'' and help break a perpetual cycle of poverty
through self-determination and independence.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Mexico (Mr. Pearce) that the House suspend the rules
and pass the bill, H.R. 4329, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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