[Congressional Record Volume 161, Number 48 (Monday, March 23, 2015)]
[House]
[Pages H1814-H1822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2015
Mr. PEARCE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 360) 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. 360
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 2015''.
(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.
[[Page H1815]]
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 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 2015 through 2019''.
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 2016 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
[[Page H1816]]
and any tribally designated housing entity for the tribe of
the undisbursed funds; and
``(2) require the recipient for the tribe to, not later
than 30 days after the Secretary provides notification
pursuant to paragraph (1)--
``(A) notify the Secretary in writing of the reasons why
the recipient has not requested the disbursement of such
amounts; and
``(B) demonstrate to the satisfaction of the Secretary that
the recipient has the capacity to spend Federal funds in an
effective manner, which demonstration may include evidence of
the timely expenditure of amounts previously distributed
under this Act to the recipient.
``(b) Allocation Amount.--Notwithstanding sections 301 and
302, the allocation for such fiscal year for a recipient
described in subsection (a) shall be the amount initially
calculated according to the formula minus the difference
between the recipient's total amount of undisbursed block
grants in the Department's line of credit control system on
such January 1 and three times the initial formula amount for
such fiscal year.
``(c) Reallocation.--Notwithstanding any other provision of
law, any grant amounts not allocated to a recipient pursuant
to subsection (b) shall be allocated under the need component
of the formula proportionately amount all other Indian tribes
not subject to such an adjustment.
``(d) Inapplicability.--Subsections (a) and (b) shall not
apply to an Indian tribe with respect to any fiscal year for
which the amount allocated for the tribe for block grants
under this Act is less than $5,000,000.
``(e) Effectiveness.--This section shall not require the
issuance of any regulation to take effect and shall not be
construed to confer hearing rights under this or any other
section of this Act.''.
(b) Clerical Amendment.--The table of contents in section
1(b) is amended by inserting after the item relating to
section 302 the following new item:
``Sec. 303. Effect of undisbursed grant amounts on annual
allocations.''.
TITLE IV--AUDITS AND REPORTS
SEC. 401. REVIEW AND AUDIT BY SECRETARY.
Section 405(c) (25 U.S.C. 4165(c)) is amended, by adding at
the end the following new paragraph:
``(3) Issuance of final report.--The Secretary shall issue
a final report within 60 days after receiving comments under
paragraph (1) from a recipient.''.
SEC. 402. REPORTS TO CONGRESS.
Section 407 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Financial Services and the Committee
on Natural Resources of the House of Representatives, to the
Committee on Indian Affairs and the Committee on Banking,
Housing, and Urban Affairs of the Senate, and to any
subcommittees of such committees having jurisdiction with
respect to Native American and Alaska Native affairs,''; and
(2) by adding at the end the following new subsection:
``(c) Public Availability to Recipients.--Each report
submitted pursuant to subsection (a) shall be made publicly
available to recipients.''.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR
NATIVE AMERICAN VETERANS.
Paragraph (19) of section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at
the end the following new subparagraph:
``(D) Native american veterans.--
``(i) Authority.--Of the funds made available for rental
assistance under this 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 2015 through 2019.''; and
(2) in subparagraph (C)--
(A) by striking ``2008 through 2012'' and inserting ``2015
through 2019''; and
(B) by striking ``such amount as may be provided in
appropriation Acts for'' and inserting ``$976,000,000 for
each''.
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 2015''.
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).
[[Page H1817]]
``(4) Section 104 (relating to treatment of program income
and labor standards).
``(5) Section 105 (relating to environmental review).
``(6) Section 201(b) (relating to eligible families),
except as otherwise provided in this title.
``(7) Section 203(g) (relating to a de minimis exemption
for procurement of goods and services).
``(8) Section 702 (relating to 99-year leasehold interests
in trust or restricted lands for housing purposes).
``SEC. 902. PARTICIPATING TRIBES.
``(a) Request To Participate.--To be eligible to
participate in the demonstration program under this title, an
Indian tribe shall submit to the Secretary a notice of
intention to participate during the 60-day period beginning
on the date of the enactment of this title, in such form and
such manner as the Secretary shall provide.
``(b) Cooperative Agreement.--Upon approval under section
905 of the final plan of an Indian tribe for participation in
the demonstration program under this title, the Secretary
shall enter into a cooperative agreement with the
participating tribe that provides such tribe with the
authority to carry out activities under the demonstration
program.
``(c) Limitation.--The Secretary may not approve more than
20 Indian tribes for participation in the demonstration
program under this title.
``SEC. 903. REQUEST FOR QUOTES AND SELECTION OF INVESTOR
PARTNER.
``(a) Request for Quotes.--Not later than the expiration of
the 180-day period beginning upon notification to the
Secretary by an Indian tribe of intention to participate in
the demonstration program under this title, the Indian tribe
shall--
``(1) obtain assistance from a qualified entity in
assessing the housing needs, including the affordable housing
needs, of the tribe; and
``(2) release a request for quotations from entities
interested in partnering with the tribe in designing and
carrying out housing activities sufficient to meet the
tribe's housing needs as identified pursuant to paragraph
(1).
``(b) Selection of Investor Partner.--
``(1) In general.--Except as provided in paragraph (2), not
later than the expiration of the 18-month period beginning on
the date of the enactment of this title, an Indian tribe
requesting to participate in the demonstration program under
this title shall--
``(A) select an investor partner from among the entities
that have responded to the tribe's request for quotations;
and
``(B) together with such investor partner, establish and
submit to the Secretary a final plan that meets the
requirements under section 904.
``(2) Exceptions.--The Secretary may extend the period
under paragraph (1) for any tribe that--
``(A) has not received any satisfactory quotation in
response to its request released pursuant to subsection
(a)(2); or
``(B) has any other satisfactory reason, as determined by
the Secretary, for failure to select an investor partner.
``SEC. 904. FINAL PLAN.
``A final plan under this section shall--
``(1) be developed by the participating tribe and the
investor partner for the tribe selected pursuant to section
903(b)(1)(A);
``(2) identify the qualified entity that assisted the tribe
in assessing the housing needs of the tribe;
``(3) set forth a detailed description of such projected
housing needs, including affordable housing needs, of the
tribe, which shall include--
``(A) a description of such need over the ensuing 24 months
and thereafter until the expiration of the ensuing 5-year
period or until the affordable housing need is met, whichever
occurs sooner; and
``(B) the same information that would be required under
section 102 to be included in an Indian housing plan for the
tribe, as such requirements may be modified by the Secretary
to take consideration of the requirements of the
demonstration program under this title;
``(4) provide for specific housing activities sufficient to
meet the tribe's housing needs, including affordable housing
needs, as identified pursuant to paragraph (3) within the
periods referred to such paragraph, which shall include--
``(A) development of affordable housing (as such term is
defined in section 4 of this Act (25 U.S.C. 4103));
``(B) development of conventional homes for rental, lease-
to-own, or sale, which may be combined with affordable
housing developed pursuant to subparagraph (A);
``(C) development of housing infrastructure, including
housing infrastructure sufficient to serve affordable housing
developed under the plan; and
``(D) investments by the investor partner for the tribe,
the participating tribe, members of the participating tribe,
and financial institutions and other outside investors
necessary to provide financing for the development of housing
under the plan and for mortgages for tribal members
purchasing such housing;
``(5) provide that the participating tribe will agree to
provide long-term leases to tribal members sufficient for
lease-to-own arrangements for, and sale of, the housing
developed pursuant to paragraph (4);
``(6) provide that the participating tribe--
``(A) will be liable for delinquencies under mortgage
agreements for housing developed under the plan that are
financed under the plan and entered into by tribal members;
and
``(B) shall, upon foreclosure under such mortgages, take
possession of such housing and have the responsibility for
making such housing available to other tribal members;
``(7) provide for sufficient protections, in the
determination of the Secretary, to ensure that the tribe and
the Federal Government are not liable for the acts of the
investor partner or of any contractors;
``(8) provide that the participating tribe shall have sole
final approval of design and location of housing developed
under the plan;
``(9) set forth specific deadlines and schedules for
activities to be undertaken under the plan and set forth the
responsibilities of the participating tribe and the investor
partner;
``(10) set forth specific terms and conditions of return on
investment by the investor partner and other investors under
the plan, and provide that the participating tribe shall
pledge grant amounts allocated for the tribe pursuant to
title III for such return on investment;
``(11) set forth the terms of a cooperative agreement on
the operation and management of the current assistance
housing stock and current housing stock for the tribe
assisted under the preceding titles of this Act;
``(12) set forth any plans for sale of affordable housing
of the participating tribe under section 907 and, if
included, plans sufficient to meet the requirements of
section 907 regarding meeting future affordable housing needs
of the tribe;
``(13) set forth terms for enforcement of the plan,
including an agreement regarding jurisdiction of any actions
under or to enforce the plan, including a waiver of immunity;
and
``(14) include such other information as the participating
tribe and investor partner consider appropriate.
``SEC. 905. HUD REVIEW AND APPROVAL OF PLAN.
``(a) In General.--Not later than the expiration of the 90-
day period beginning upon a submission by an Indian tribe of
a final plan under section 904 to the Secretary, the
Secretary shall--
``(1) review the plan and the process by which the tribe
solicited requests for quotations from investors and selected
the investor partner; and
``(2)(A) approve the plan, unless the Secretary determines
that--
``(i) the assessment of the tribe's housing needs by the
qualified entity, or as set forth in the plan pursuant to
section 904(3), is inaccurate or insufficient;
``(ii) the process established by the tribe to solicit
requests for quotations and select an investor partner was
insufficient or negligent; or
``(iii) the plan is insufficient to meet the housing needs
of the tribe, as identified in the plan pursuant to section
904(3);
``(B) approve the plan, on the condition that the
participating tribe and the investor make such revisions to
the plan as the Secretary may specify as appropriate to meet
the needs of the tribe for affordable housing; or
``(C) disapprove the plan, only if the Secretary determines
that the plan fails to meet the minimal housing standards and
requirements set forth in this Act and the Secretary notifies
the tribe of the elements requiring the disapproval.
``(b) Action Upon Disapproval.--
``(1) Re-submission of plan.--Subject to paragraph (2), in
the case of any disapproval of a final plan of an Indian
tribe pursuant to subsection (a)(3), the Secretary shall
allow the tribe a period of 180 days from notification to the
tribe of such disapproval to re-submit a revised plan for
approval.
``(2) Limitation.--If the final plan for an Indian tribe is
disapproved twice and resubmitted twice pursuant to the
authority under paragraph (1) and, upon such second re-
submission of the plan the Secretary disapproves the plan,
the tribe may not re-submit the plan again and shall be
ineligible to participate in the demonstration program under
this title.
``(c) Tribe Authority of Housing Design and Location.--The
Secretary may not disapprove a final plan under section 904,
or condition approval of such a plan, based on the design or
location of any housing to be developed or assisted under the
plan.
``(d) Failure To Notify.--If the Secretary does not notify
a participating tribe submitting a final plan of approval,
conditional approval, or disapproval of the plan before the
expiration of the period referred to in paragraph (1), the
plan shall be considered as approved for all purposes of this
title.
``SEC. 906. TREATMENT OF NAHASDA ALLOCATION.
``Amounts otherwise allocated for a participating tribe
under title III of this Act (25 U.S.C. 4151 et seq.) shall
not be made available to the tribe under titles I through
VIII, but shall only be available for the tribe, upon request
by the tribe and approval by the Secretary, for the following
purposes:
``(1) Return on investment.--Such amounts as are pledged by
a participating tribe pursuant to section 904(10) for return
on the investment made by the investor partner or other
investors may be used by the Secretary to ensure such full
return on investment.
``(2) Administrative expenses.--The Secretary may provide
to a participating tribe, upon the request of a tribe, not
more than 10
[[Page H1818]]
percent of any annual allocation made under title III for the
tribe during such period for administrative costs of the
tribe in completing the processes to carry out sections 903
and 904.
``(3) Housing infrastructure costs.--A participating tribe
may use such amounts for housing infrastructure costs
associated with providing affordable housing for the tribe
under the final plan.
``(4) Maintenance; tenant services.--A participating tribe
may use such amounts for maintenance of affordable housing
for the tribe and for housing services, housing management
services, and crime prevention and safety activities
described in paragraphs (3), (4), and (5), respectively, of
section 202.
``SEC. 907. RESALE OF AFFORDABLE HOUSING.
``Notwithstanding any other provision of this Act, a
participating tribe may, in accordance with the provisions of
the final plan of the tribe approved pursuant to section 905,
resell any affordable housing developed with assistance made
available under this Act for use other than as affordable
housing, but only if the tribe provides such assurances as
the Secretary determines are appropriate to ensure that--
``(1) the tribe is meeting its need for affordable housing;
``(2) will provide affordable housing in the future
sufficient to meet future affordable housing needs; and
``(3) will use any proceeds only to meet such future
affordable housing needs or as provided in section 906.
``SEC. 908. REPORTS, AUDITS, AND COMPLIANCE.
``(a) Annual Reports by Tribe.--Each participating tribe
shall submit a report to the Secretary annually regarding the
progress of the tribe in complying with, and meeting the
deadlines and schedules set forth under the approved final
plan for the tribe. Such reports shall contain such
information as the Secretary shall require.
``(b) Reports to Congress.--The Secretary shall submit a
report to the Congress annually describing the activities and
progress of the demonstration program under this title, which
shall--
``(1) summarize the information in the reports submitted by
participating tribes pursuant to subsection (a);
``(2) identify the number of tribes that have selected an
investor partner pursuant to a request for quotations;
``(3) include, for each tribe applying for participating in
the demonstration program whose final plan was disapproved
under section 905(a)(2)(C), a detailed description and
explanation of the reasons for disapproval and all actions
taken by the tribe to eliminate the reasons for disapproval,
and identify whether the tribe has re-submitted a final plan;
``(4) identify, by participating tribe, any amounts
requested and approved for use under section 906; and
``(5) identify any participating tribes that have
terminated participation in the demonstration program and the
circumstances of such terminations.
``(c) Audits.--The Secretary shall provide for audits among
participating tribes to ensure that the final plans for such
tribes are being implemented and complied with. Such audits
shall include on-site visits with participating tribes and
requests for documentation appropriate to ensure such
compliance.
``SEC. 909. TERMINATION OF TRIBAL PARTICIPATION.
``(a) Termination of Participation.--A participating tribe
may terminate participation in the demonstration program
under this title at any time, subject to this section.
``(b) Effect on Existing Obligations.--
``(1) No automatic termination.--Termination by a
participating tribe in the demonstration program under this
section shall not terminate any obligations of the tribe
under agreements entered into under the demonstration program
with the investor partner for the tribe or any other
investors or contractors.
``(2) Authority to mutually terminate agreements.--Nothing
in this title may be construed to prevent a tribe that
terminates participation in the demonstration program under
this section and any party with which the tribe has entered
into an agreement from mutually agreeing to terminate such
agreement.
``(c) Receipt of Remaining Grant Amounts.--The Secretary
shall provide for grants to be made in accordance with, and
subject to the requirements of, this Act for any amounts
remaining after use pursuant to section 906 from the
allocation under title III for a participating tribe that
terminates participation in the demonstration program.
``(d) Costs and Obligations.--The Secretary shall not be
liable for any obligations or costs incurred by an Indian
tribe during its participation in the demonstration program
under this title.
``SEC. 910. FINAL REPORT.
``Not later than the expiration of the 5-year period
beginning on the date of the enactment of this title, the
Secretary shall submit a final report to the Congress
regarding the effectiveness of the demonstration program,
which shall include--
``(1) an assessment of the success, under the demonstration
program, of participating tribes in meeting their housing
needs, including affordable housing needs, on tribal land;
``(2) recommendations for any improvements in the
demonstration program; and
``(3) a determination of whether the demonstration should
be expanded into a permanent program available for Indian
tribes to opt into at any time and, if so, recommendations
for such expansion, including any legislative actions
necessary to expand the program.
``SEC. 911. DEFINITIONS.
``For purposes of this title, the following definitions
shall apply:
``(1) Affordable housing.--The term `affordable housing'
has the meaning given such term in section 4 (25 U.S.C.
4103).
``(2) Housing infrastructure.--The term `housing
infrastructure' means basic facilities, services, systems,
and installations necessary or appropriate for the
functioning of a housing community, including facilities,
services, systems, and installations for water, sewage,
power, communications, and transportation.
``(3) Long-term lease.--The term `long-term lease' means an
agreement between a participating tribe and a tribal member
that authorizes the tribal member to occupy a specific plot
of tribal lands for 50 or more years and to request renewal
of the agreement at least once.
``(4) Participating tribes.--The term `participating tribe'
means an Indian tribe for which a final plan under section
904 for participation in the demonstration program under this
title has been approved by the Secretary under section 905.
``SEC. 912. NOTICE.
``The Secretary shall establish any requirements and
criteria as may be necessary to carry out the demonstration
program under this title by notice published in the Federal
Register.''.
SEC. 702. CLERICAL AMENDMENTS.
The table of contents in section 1(b) is amended by
inserting after the item relating to section 705 the
following:
``TITLE VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
``Sec. 801. Definitions.
``Sec. 802. Block grants for affordable housing activities.
``Sec. 803. Housing plan.
``Sec. 804. Review of plans.
``Sec. 805. Treatment of program income and labor standards.
``Sec. 806. Environmental review.
``Sec. 807. Regulations.
``Sec. 808. Effective date.
``Sec. 809. Affordable housing activities.
``Sec. 810. Eligible affordable housing activities.
``Sec. 811. Program requirements.
``Sec. 812. Types of investments.
``Sec. 813. Low-income requirement and income targeting.
``Sec. 814. Lease requirements and tenant selection.
``Sec. 815. Repayment.
``Sec. 816. Annual allocation.
``Sec. 817. Allocation formula.
``Sec. 818. Remedies for noncompliance.
``Sec. 819. Monitoring of compliance.
``Sec. 820. Performance reports.
``Sec. 821. Review and audit by Secretary.
``Sec. 822. General Accounting Office audits.
``Sec. 823. Reports to Congress.
``Sec. 824. Authorization of appropriations.
``TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION
AUTHORITY FOR NATIVE AMERICAN HOUSING
``Sec. 901. Authority.
``Sec. 902. Participating tribes.
``Sec. 903. Request for quotes and selection of investor partner.
``Sec. 904. Final plan.
``Sec. 905. HUD review and approval of plan.
``Sec. 906. Treatment of NAHASDA allocation.
``Sec. 907. Resale of affordable housing.
``Sec. 908. Reports, audits, and compliance.
``Sec. 909. Termination of tribal participation.
``Sec. 910. Final report.
``Sec. 911. Definitions.
``Sec. 912. Notice.''.
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
[[Page H1819]]
may have 5 legislative days in which to revise and extend their remarks
and to add extraneous material on this bill.
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.
We are here today to support H.R. 360, the Native American Housing
Assistance and Self-Determination Reauthorization Act.
This is truly a bipartisan bill. It has been over 2 years in the
making. Beginning in early 2013, Don Young and Tom Cole, who are both
Republicans, joined with me and Democrats Gwen Moore, Denny Heck, Dan
Kildee, Tulsi Gabbard, and a host of others from the Democrat side to
make a bill that truly works across both aisles and that is widely
supported by tribes.
Transformational in its opportunities for Native Americans, it has
been widely recognized by those tribes. Most importantly, it is a bill
for which we can come together and all be proud of cosponsoring. The
legislation before us is just that; it shows that colleagues,
regardless of political affiliation, can come together and get the job
done.
Mr. Speaker, I reserve the balance of my time.
Ms. MOORE. Mr. Speaker, I yield myself such time as I may consume.
I have said so many times that this has taken a tremendous amount of
work and team effort and good will to get us to the place at which we
are today. I want to thank all of our cosponsors. It really has been a
heavy lift, and I can tell you how appreciative I am.
It has been so wonderful working with Mr. Pearce. He has just been
levelheaded and calm all the way. Of course, with regard to Mr. Cole,
Mr. Heck, Mr. Kildee, Mr. Pearce, and Mr. Young, we have all worked so
closely together for 2 years to craft this bipartisan legislation.
I need to also recognize the leadership role of our ranking member,
Ms. Waters. She has had a few concerns, but she has been engaging and
constructive.
The National Congress of American Indians, the National American
Indian Housing Council, and many individual tribes from all across the
country have provided comments, education, and energy every step of the
way.
I think that this legislation, Mr. Speaker, honors the trust
relationship of the United States Government, and it respects tribal
sovereignty of the nations of the First People, but I don't want to
make short shrift of the concerns that have been raised.
For example, I wish we could have provided more funding, given the
dire need. However, this legislation is the product of a truly
bipartisan process. It is not that all of us agree 100 percent on every
provision, but we keep talking, and we keep working, and we have done
that until we have come up with a bill that may not be perfect but that
serves the people for whom it is intended, and it is very good for
tribal communities.
The need for affordable housing in Indian Country just cannot be
understated. Some of the poorest and most remote communities in this
country are Native American communities.
In fact, the three poorest communities in the United States of
America are Native American. NAHASDA provides tribal governments the
ability to provide safe and affordable housing to tribal communities
that is consistent with their status as sovereigns.
A few improvements that I would like to highlight are that it
expedites certain Federal approvals. It makes all native people
eligible for NAHASDA funds. It preserves provisions protecting Cherokee
Freedmen.
Expediting approval ends administrative duplication and delays,
approval which is essential due to unique timing and building
challenges on reservations.
Mr. Speaker, I reserve the balance of my time.
{time} 1615
Mr. PEARCE. Mr. Speaker, I would like to join with Ms. Moore in
recognizing the actions of Ms. Waters, the ranking member, truly, truly
asking the questions that needed to be asked, but then finally
reconciling on some of those issues. Also, the chairman, Chairman
Hensarling, has been in the same position, and Leader McCarthy bringing
this bill to the floor as he has, I would like to express that.
I yield such time as he may consume to the gentleman from Oklahoma
(Mr. Cole).
Mr. COLE. Mr. Speaker, I thank the gentleman for yielding.
It is very important when we look at this extremely significant piece
of legislation to recognize, as my good friend from Wisconsin said,
this is a trust obligation of the United States Government. This isn't
a housing handout. This isn't some special deal. This is something, an
obligation that we assumed in negotiation with tribes over many
decades, many different situations. If people are living in Indian
Country, particularly on reservations, and don't have adequate housing,
the Federal Government has a responsibility to do something about it,
something we have recognized since the 1960s, something, as my friend
Mr. Pearce said, we institutionalized in 1996.
This has been a good program for a long time. It has been a block
grant program, which has empowered tribes. One of the things I love
about this legislation is, in a bipartisan sense, we continue to do
that. We provide a lot more flexibility for tribes to actually control
their own affairs, meet their own needs.
As Ms. Moore suggests, we all wish the sum could be more. $650
million is a lot of money, but spread across a population of almost
three million individuals and over 57 million acres, an area of land
about the size of Wyoming, it is maybe not as much as we would like,
particularly given the severe needs, but it is a good faith effort, and
it is appropriate given the difficult financial times we are in.
Again, we have had tremendous support across Indian Country. As both
speakers previously mentioned, National Congress of American Indians,
particularly the National American Indian Housing Council, has worked
hand-in-glove with Members on both sides of the aisle to build this
program.
My friends were very fulsome in their praise for various Members, and
I wouldn't disagree with anybody they mentioned, but I have got to
hold, particularly, Mr. Pearce up not only for his tremendous work on
this, Ms. Moore as well, but for their persistence in this. They
brought this legislation to the floor in the last Congress, having
worked out the difficulties, formed a bipartisan compromise and
coalition and, frankly, brought their leaders along with them, I think,
educating their respective leaders in the process. We got that through
the House last time on a bipartisan basis. The Senate wasn't able to
act, and I am very pleased to see that they have come back again this
quickly in the session. Hopefully we will have a little bit better
response on the other side. I don't think there was any opposition;
they just didn't get it done in the press of business toward the end of
the year. They are going to have plenty of time to do that.
This is an excellent piece of legislation. As my friends have both
suggested, it is an example of how well we can work together when we
focus on the problems instead of sometimes the partisan and
philosophical divisions that separate us. I reflect, as I am looking
here on the floor, that I usually like to think of myself as a
rightwing conservative Republican, but I can't get to the right of my
friend Mr. Pearce, as hard as I try; and my friend Ms. Moore--we have
worked together on TRIO programs, on violence against women, now on
this--is certainly well to the left of me on a lot of issues. So
anything that can bring the three of us together is pretty inclusive in
this body, and you won't have much excuse.
I am particularly pleased to see my friend Mr. Kildee on the floor,
who continues a family tradition of working in the forefront of Native
American issues.
It is a good piece of legislation. It has been worked on hard by
people that really know what they are doing. They brought the body
along. So I certainly urge its passage and again want to congratulate,
particularly, Mr. Pearce and Ms. Moore for their absolutely stellar
work in this case. It would not have happened without their efforts.
Ms. MOORE. Mr. Speaker, it is so wonderful always to work with Mr.
Cole.
[[Page H1820]]
I yield such time as he may consume to the gentleman from Michigan
(Mr. Kildee).
Mr. KILDEE. Mr. Speaker, I want to thank my friend Ms. Moore for
yielding and for her leadership on this very important issue. I also
thank Mr. Pearce, Mr. Young, Mr. Cole on the other side, as well as
Ms. Gabbard, whom I have worked with on this legislation, along with
Mr. Heck and, now, Mr. Takai.
I think what this legislation proves is that when we set out to solve
a problem and focus on the things that we can agree upon, we can get a
lot done. This is a good bill. It is not the bill that any one of us
individually would have written had we been left alone to produce this
legislation with only our own perspectives and our own interests. It is
a bill that is a result of compromise.
There are elements of this legislation, Mr. Speaker, that I would
prefer not have been included; and I am sure Mr. Pearce and others are
aware that I would have preferred that the pilot program that allows
for a form of privatization, a direct grant to private developers, not
be included. I would prefer that the entirety of the funds be used
specifically to empower tribes, and tribes alone, to determine the use
of the dollars. After all, they have had the ability to make those
decisions and enter into agreements with private individuals as well.
I only say that to make sure that the Record is clear and that I
state my objection to that particular portion, but to help point out a
larger, I think, more important point. I am sure Mr. Pearce, Mr. Cole,
and Mr. Young could find sections, provisions, of this legislation that
they would prefer to excise or maybe something that they would have
preferred to have included that they were not able to get in the bill;
but because the focus here, from the very beginning, in the last
Congress and again in this one, as Mr. Cole said, is that we have an
obligation to live up to our trust responsibilities to this Nation's
first people, that trust responsibility comes ahead of whatever
differences we might have on specific policy approaches.
Since we took that approach--and Mr. Pearce and Ms. Moore both
deserve great credit for being able to put aside the differences that
they had--we were able to get this legislation to the floor with what I
think is enormous support within the House of Representatives. It is a
testament to our recognition of that trust obligation, and it is
something that I am very pleased to carry on. As was stated, my uncle
worked on these issues, and I know that he would be proud to see us
working together to continue to live up to that important trust
obligation.
Mr. Speaker, I will be supporting this legislation. I thank all my
colleagues for their work on this.
Ms. MOORE. Mr. Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentlewoman from Wisconsin has 15
minutes remaining.
Ms. MOORE. Mr. Speaker, I just want to let Mr. Pearce know I have two
more speakers, and then I will be prepared to close.
Mr. PEARCE. Mr. Speaker, I yield such time as he may consume to the
gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, I would like to thank Ms. Waters
and especially the chairman, Mr. Pearce, for this legislation. It is
something that we have worked on together with Tom Cole, many in this
room. I would like to thank the Hawaiian delegation. It has always been
an honor and a pleasure to work with the Hawaiian delegation with
Alaska. They are two noncontiguous States, and we work well together
and we will continue to do that.
Mr. Kildee, I thank you for your uncle; he and I were dear friends
and worked together on a lot of issues. I always respected that. I
would like to thank the staff. Let's all not kid ourselves; the staffs
of all our offices really put this together with our little bit of
advice. Alex has worked very hard on my side, and I know your side has
worked really well. That is a classic example, when staffs are willing
to work together with the Members, Members are willing to work
together, we can accomplish these goals.
This is just not a bipartisan piece of legislation. This is
legislation that is needed by American Indians, Alaska Natives. It has
worked well, and I am hoping--I have talked to the Senators on the
other side--that in reality we will get this legislation passed very
quickly. This is a win-win situation for all of us, so I think we
should take great honor and recognize what has been, will be done here
today, and accomplish a goal that many times is not achieved.
So again, I, with great feelings, thank each Member that has been
involved in this, especially for the first people of America.
Ms. MOORE. Mr. Speaker, I can tell you that Mr. Young from Alaska has
really made a very important point to have thanked our staffs. I was
remiss in not doing that. So I would like to add my voice to those
Members who really, really appreciate the hard work that our staffs
provide.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from Hawaii (Ms. Gabbard).
Ms. GABBARD. Mr. Speaker, I am rising in strong support of H.R. 360
today.
Since 1996, this legislation has been authorized twice, both times
with broad bipartisan support in both Chambers of Congress. Since its
enactment, this legislation has strengthened indigenous self-
determination by empowering Native nations, by assisting with
affordable housing needs.
In my home State of Hawaii, it has increased home ownership among
Native Hawaiians by more than 2 percent, bringing hope to many people
who are living paycheck to paycheck. At the same time, we are seeing
poverty and public assistance have decreased. Today more Native
Hawaiians are likely to be employed in professional or managerial
occupations than in the past, and life expectancy has increased by
almost 3 years. This legislation makes a difference to real families.
One of these families is Francis Paaluhi and her sisters who live in
Nanakuli. They inherited a home from their parents, who passed away,
which was built in the 1940s and was in dire need of repairs. There
were large holes in the roof and floors; bedroom walls were buckling;
broken windows covered with tarps. The Paaluhi sisters did not have the
means to pay for the needed repairs, and they couldn't afford a new
home. They also didn't qualify for an FHA loan or any other loan. The
Department of Hawaiian Homelands made a grant available because of this
legislation for $15,000. Just $15,000 gave this family the ability to
make a down payment with assistance from a low-interest USDA
construction loan. They were able to build a structurally safe and
comfortable home for them and their children to live.
This is just one example of the many families whose lives have been
directly impacted and changed because of this legislation. It is an
important step toward removing roadblocks to economic success, not only
in Hawaii but in Native communities across the country, and it
reaffirms the House's longstanding commitment to tribal sovereignty and
self-determination.
Like all those who spoke before me, I would like to thank my
colleague Representative Pearce for introducing this bill, for his
persistence and leadership continuously in bringing this about;
Representative Moore for leading the charge courageously on our side of
the aisle; Ranking Member Waters for continuing to move this bill
forward; also, my long-time colleague and friend from Alaska,
Representative Young; and my colleague Dan Kildee, all of whom worked
very hard on this legislation. I urge my colleagues to join this
bipartisan coalition in supporting the passage of H.R. 360.
Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
As I go through my district, there are many who wonder why do we have
a bill like this. Frankly, it is a treaty responsibility. The
responsibility has been signed between the Native Americans and the
Federal Government saying that we have a trust responsibility to them.
As I travelled around the reservations in my district, I began to be
aware of a circumstance that I had not previously been aware of: houses
that were maybe several hundred years old, people still living in
those. There is one area with no sewer at all. There are
[[Page H1821]]
cardboard shacks, people living in situations that they should not be
living in today.
{time} 1630
Those things exist. The legislation in front of us today doesn't
change the responsibility of the government. It doesn't increase the
amount of the dollars flowing to it. It simply tries to make the
process a little more streamlined.
I would like to acknowledge that HUD, at one point, was rigorously
opposing the transparency, rigorously opposing those reforms that we
were putting into their systems. They had duplications of processes
that would literally take years in order to get approval to build
houses, and we simply said it does not have to be that way.
A second thing struck me. I watched my family grow out of abject
poverty into a home ownership culture. Our first home that we purchased
was $800, and then we moved up to a $1,500 home. Finally, we thought we
really had arrived when we got to the $2,500 home, and then a $15,000,
5-acre property.
And so the pilot project that Mr. Kildee--and he has had great
discussions with me--but the pilot project is inserted into the bill in
order to facilitate allowing Native Americans to own their own homes on
the reservations. It has been very difficult up to now. We addressed
those problems which have created a culture of poverty through the
years.
So, even though we might have a different view on how to get there,
we do not, as Democrats and Republicans, disagree on the fact that
prosperity will begin with home ownership. And this pilot project in
here--completely voluntary--allows people to move directly into home
ownership. It allows the Native American tribes to start to encourage
home ownership on the reservations in order to preserve the cultures
there.
The reforms that we have put in for the Native Americans themselves
were extremely important. Some of the processes have worked very badly.
I have had extraordinarily frank conversations with Native Americans
across the country, talking about the need to move to more transparent
processes--to processes that make sure the money gets into the homes
where they are building them.
And so that is the purpose of this legislation. I, again, commend
Congresswoman Moore because she and I really started the process. And
then Denny Heck, Dan Kildee, Don Young, and Tom Cole were all sitting
there, and we chipped away at it from each side. We got the reforms in.
We got the wording in that would allow Indian tribes across the country
to feel like they are participating in this.
It is a very difficult process--again, a 3-year process--and I am
proud of the legislation we are bringing to the floor today and proud
of the efforts on behalf of each one of the people who have been
involved here.
I reserve the balance of my time.
Ms. MOORE. Mr. Speaker, at this time I am pleased to yield such time
as he may consume to my good friend from Hawaii (Mr. Takai).
Mr. TAKAI. Mr. Speaker, today, I stand in support of H.R. 360, the
Native American Housing Assistance and Self-Determination
Reauthorization Act of 2015.
This legislation reaffirms the United States trust responsibility to
American Indian and Alaska Native nations and provides necessary tools
to the native people of our country for sustainable solutions to
poverty that often plague their communities.
I would also like to thank Chairman Pearce; Ranking Member Waters;
Mr. Young; Ms. Moore; Mr. Kildee; the senior Member from Hawaii, Ms.
Gabbard; and the numerous other congressional Members who have fought
for years to reauthorize NAHASDA, and thank them for also including
support to Native Hawaiian housing organizations, which provide
adequate housing to descendants of Hawaii's indigenous people.
NAHASDA's reauthorization does not merely provide funding for
adequate housing programs, it also provides vital resources to foster
the indigenous cultures of our great Nation, which faced near
extinction during the atrocities committed to expand our Nation and the
Federal assimilation policies of the 20th century.
For some indigenous people, living on their aboriginal lands is a
vital part of preserving and living their culture. Unfortunately,
Hawaii has one of the highest costs of living in the Nation, so support
through NAHASDA is essential to Native Hawaiian families who wish to
remain on their ancestral lands but face the ever growing price of
homes, land, utilities, and food. So many families who have lived in
Hawaii for generations upon generations are now moving out of our State
because of the cost of living.
I hope my colleagues understand not only the vital importance of
adequate housing for the less fortunate among Native communities, but
also its vital importance for fostering the indigenous cultures of our
democracy. This diversity of culture is what makes our Nation great.
So, please join me in supporting this measure.
Ms. MOORE. Mr. Speaker, I yield myself such time as I may consume.
I am so happy that the Hawaiian and Alaskan contingencies have
commented on this. I think it is important that this bill include all
native people.
I am so happy that the Senate is now working on a version of NAHASDA
that is similar, and I hope that we will all be able to quickly
reconcile our differences and get a reauthorization to the President's
desk. I look forward to him signing H.R. 360 into law.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. PEARCE. Mr. Speaker, I yield myself such time as I may consume.
At one point, Chairman Hensarling earlier in the process said he was
not wildly ecstatic about the bill coming before his committee if 100
years from now Native Americans were going to be in the same
circumstance they were in today. So, again, that was one of the
elements of trying to find and facilitate home ownership among Native
Americans so they could begin their growth towards prosperity.
When Indian tribes see this bill, they say: If you can actually get
that through, if you can actually get both sides to agree on it, it
will be transformational. Well, that is what I came here to do. I came
here to be a part of things that transform the way that we approach
different programs, not to just drift along and reauthorize. And so it
is with that backdrop that we began to construct the bill.
Again, I would like to thank Ranking Member Waters for her support. I
would like to thank Chairman Hensarling and Leader McCarthy for their
support. I especially would like to thank my friends on the other side
of the aisle for working through the very difficult discussions so that
we are able to find a bill that does reach market efficiencies, does
make the government more effective and efficient, that does do things
that both political parties want to achieve.
We all want to achieve the same things. We approach it from a
different point of view. So I can't say enough to my friends on the
other side of the aisle: Thank you very much for your hard work and
dedication.
With that, Mr. Speaker, I recommend and request that everyone support
this bill, and I yield back the balance of my time.
Ms. MAXINE WATERS of California. 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 in a way that is tailored to
address their unique housing needs, while respecting their right to
self-determination. These groups experience some of the poorest housing
conditions in our country so it is very important that we reauthorize
the programs within NAHASDA.
As a supporter of the reauthorization of NAHASDA, I did not object to
the bill before us today moving forward under suspension.
However, as I have pointed out in the past, this bill fails to ensure
certain basic protections for the communities that rely on NAHASDA--and
as a result--I will oppose this measure.
Despite my repeated objections, Republicans have refused to include a
provision in this bill that offers protections for the Cherokee
Freedmen. As many people know, the Cherokee Freedmen are the
descendants of former African American slaves of the Cherokee, who are
facing possible expulsion by the Cherokee nation.
For the past several years, under the leadership of former Members
including Carolyn Kilpatrick and Mel Watt, the Congressional Black
Caucus has stood up for the rights of
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the Cherokee Freedmen. But Republicans have consistently refused to
acknowledge this tragic history and do something to bring justice to
this situation. And this bill is no exception. During the Committee
markup, they rejected my amendment, which would have made NAHASDA
funding to the Cherokee contingent on full recognition of the Freedmen
as citizens of the Cherokee Nation.
My position on this issue remains steadfast, and I cannot support
continued silence in the face of such injustice. That is why I will not
support this bill unless it grants the Freedmen the justice they
deserve.
I am also withholding my support from this bill because it contains a
provision that would seriously undercut the central goal of providing
affordable housing for low-income Native Americans. This bill would
waive a long-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.
The Brooke Rule is a basic safeguard that exists in the pubjic
housing and Section 8 programs. It ensures that federally subsidized
housing is affordable for the lowest-income households. By stripping
away this basic safeguard, this bill would make low-income Native
Americans vulnerable to unlimited increases in rent without any kind of
hardship examptions in place.
This is simply unacceptable. It is a basic purpose of NAHASDA to
provide housing for low-income Native Americans, and this provision
would seriously undermine that purpose. Republicans may not be
concerned about the plight of the lowest-income Native Americans who
rely on NAHASDA programs, but they are at the top of my concerns when
it comes to this bill.
Mr. Speaker, I would like to sincerely thank Ms. Moore, Mr. Heck and
Mr. Kildee for their efforts to reach a bipartisan agreement on this
bill. However, I cannot support this reauthorization bill in its
current form for all of the reasons I have stated.
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. 360, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. PALMER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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