[Senate Report 114-117]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 197
114th Congress    }                                      {      Report
                                 SENATE
 1st Session      }                                      {     114-117

======================================================================



 
     REAUTHORIZING THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
           DETERMINATION ACT OF 1996, AND FOR OTHER PURPOSES

                                _______
                                

                 August 5, 2015.--Ordered to be printed

                                _______
                                

          Mr. Barrasso, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 710]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 710) to reauthorize the Native American Housing 
Assistance and Self-Determination Act of 1996, and for other 
purposes, having considered the same, reports favorably with 
amendments and recommends that the bill, as amended, do pass.

                                Purpose

    The purpose of S. 710 is to reauthorize the Native American 
Housing Assistance and Self-Determination Act of 1996 until the 
end of Fiscal Year 2020.

                               Background

    In 1996, Congress passed the NAHASDA. The NAHASDA replaces 
housing assistance programs under the 1937 Housing Act (42 
U.S.C. Sec.  1437 et seq.). The NAHASDA addresses Indian 
housing needs by furthering tribal self-governance and 
consolidating Indian programs such as those formerly under the 
1937 Housing Act.
    Since 1992, the Office of Native American Programs (ONAP) 
at the United States Department of Housing and Urban 
Development (HUD) has administered HUD's programs that serve 
Native American communities. The HUD Deputy Assistant Secretary 
for Native American Programs oversees ONAP.
    When the NAHASDA went into effect in Fiscal Year 1998, the 
law provided Indian tribes with the choice of administering 
programs through their existing Indian Housing Authorities 
(IHAs) or their tribally-designated housing entities (TDHEs). 
An IHA operates in conformity with requirements of the 1937 
Housing Act. A TDHE operates by exercise of the power of self-
government of one or more tribes, or by operation of State law 
that provides specifically for housing authorities or housing 
entities for Indians.\1\
---------------------------------------------------------------------------
    \1\25 U.S.C. Sec.  4103 (22)(B) (2008).
---------------------------------------------------------------------------
    The low availability and high cost of housing in Indian 
Country is an extreme burden on Indian families. A HUD 
evaluation in 2009 found the following:

          Decent housing is not readily available in Indian 
        Country; decent and affordable housing is even harder 
        to obtain. Overall, 18.4 percent of homeowners in 
        Native American areas are cost burdened. This means 
        they are spending more than 30 percent of their income 
        for housing each month. Affordability problems are even 
        more common for those who do not own their homes: 31.6 
        percent of renters on American Indian lands are cost 
        burdened.\2\
---------------------------------------------------------------------------
    \2\U.S. Dept. of Housing and Urban Development, Fiscal Year 2015 
Budget Justification at L-13.

    The housing disparity is even more severe for Native 
Hawaiians. Congress noted in 1999 a HUD report that found 
``Native Hawaiians experience the highest percentage of housing 
problems in the nation--49 percent--higher than that of even 
American Indians and Alaska Natives residing on reservations 
(about 44 percent) and substantially higher than that of all 
U.S. households (27 percent).''\3\ The HUD report identifies 
housing problems as being issues related to housing that may 
include affordability problems, overcrowding problems, or 
structural inadequacy problems.\4\
---------------------------------------------------------------------------
    \3\S. Rep. No. 106-192, at 3 (1999).
    \4\U.S. Dept. of Housing and Urban Development, Housing Problems 
and Needs of Native Hawaiians (1995), http://www.huduser.org/
publications/pdf/hawaii.pdf.
---------------------------------------------------------------------------
    The Hawaiian Homelands Homeownership Act of 2000 amended 
the NAHASDA to include housing assistance provisions for the 
beneficiaries of certain Federal trust lands.\5\ The United 
States established the Federal trust lands, required that 
maintenance of the trust was a condition of the State of 
Hawaii's admission to the Union, and continues to retain 
enforcement authority over the trust.
---------------------------------------------------------------------------
    \5\The Hawaiian Homelands Homeownership Act of 2000, became part of 
the American Homeownership and Economic Opportunity Act of 2000, and 
was signed into law on December 27, 2000. Title V, Subtitle B, section 
513, amended the NAHASDA by creating a new title VIII (25 U.S.C. 4221 
et seq.), which authorized the Native Hawaiian Housing Block Grant 
(NHHBG) program. Title V, Subtitle B, section 512(15)(c), amended the 
National Housing Act (Public Law 479; 73d Congress; 12 U.S.C. 1701 et 
seq.) by creating a new section entitled ``Loan guarantees for Native 
Hawaiian housing'' (12 U.S.C. 1715z-13b et seq.), which authorized the 
Native Hawaiian Housing Loan Guarantee program.
---------------------------------------------------------------------------
    The Hawaiian Homes Commission Act of 1920 (HHCA) (42 Stat. 
108 et seq.), set aside the Hawaiian Home Lands in the 
Territory of Hawaii that had been ceded to the United States 
for homesteading by Native Hawaiians in order to rehabilitate a 
landless and dying people. When Congress admitted Hawaii to the 
Union in 1959, it did so on the condition that Hawaii adopt, 
``as a provision of the Constitution of said State,'' the HHCA 
and that the Act, as part of the State constitution, be 
``subject to amendment or repeal only with the consent of the 
United States.''\6\
---------------------------------------------------------------------------
    \6\Public Law 86-3, 78 Stat. 4, 5 (1959).
---------------------------------------------------------------------------
    The NAHASDA provides the best opportunity for the United 
States to empower Indian tribes to address housing needs with 
tribal housing policies that support the development of tribal 
economies and provide for their citizens' most basic needs. The 
law also promotes cultural preservation by enabling families to 
remain connected to their lands and communities.

                          Need for Legislation

    This bill would empower Indian tribes to address 
homelessness and overcrowded housing in Indian country. The 
United States has a unique responsibility to Indian people 
through its government-to-government relationship with tribes. 
This responsibility includes improving the housing conditions 
and socioeconomic status of Indian people so that tribes are 
able to take greater responsibility for their own economic 
condition.
    This legislation would reauthorize the NAHASDA through 
fiscal year 2020 and provide additional enhancements to 
programs under the NAHASDA. It would establish an Assistant 
Secretary position at HUD to oversee Indian programs. It would 
eliminate duplicative requirements when multiple agencies are 
involved in housing-related activities, such as when meeting 
the environmental review standards for a housing project and 
when administering programs to benefit American Indian 
veterans. It would authorize a demonstration program for 20 or 
fewer tribes to select investor partners to develop and 
implement a plan to address housing needs. It would empower 
tribes to enhance their housing rental policies and to utilize 
income derived from housing assistance activities.
    Below is additional information about noteworthy provisions 
in S. 710:
    Assistant Secretary Position. This legislation would 
elevate the HUD official responsible for the administration of 
programs that serve Indian communities and in so doing help to 
distinguish these programs from HUD's Public Housing programs.
    Environmental Review Standards. For projects funded by 
multiple Federal sources, this legislation would authorize the 
use of the environmental standards of the majority Federal 
partner to satisfy the environmental review requirements of 
other Federal agencies. Section 102 would also direct the 
Secretary of HUD to coordinate environmental review compliance 
with impacted agencies and tribes.
    Undisbursed Funds. This legislation would create an 
undisbursed funds provision. The provision would require that 
block grant recipients with undisbursed Indian Housing Block 
Grant (IHBG) funds in excess of three times their formula 
allocation as of October 1, 2017, or on any October 1 
thereafter, will provide an explanation to HUD. The explanation 
would explain why the recipient has not requested the 
disbursement of the amounts and would demonstrate the 
recipient's capacity to spend Federal funds in an effective 
manner. Future block grant allocations would be reduced by 
undisbursed amounts as of October 1 of that fiscal year. Tribes 
receiving less than $5 million in annual IHBG funds would be 
exempted from this provision.
    HUD-VASH. Homeless or under-housed veterans may utilize 
vouchers to attain housing through the HUD-Veterans Affairs 
Supportive Housing (HUD-VASH) program. This legislation would 
authorize IHBG recipients to administer the HUD-VASH program 
through the NAHASDA requirements instead of through the 1937 
Housing Act requirements.
    Native Hawaiian Housing. This legislation would reauthorize 
Title VIII of the NAHASDA through Fiscal Year 2020. Title VIII 
authorizes the Native Hawaiian Housing Block Grant program.
    Tenant Protections. Section 201 of the bill authorizes 
Indian tribes to establish their own written policies governing 
rents and homebuyer payments charged for dwelling units. Tribes 
may establish their own policies so long as their policies also 
include a provision addressing maximum rents and homebuyer 
payments, including tenant protections.
    The Committee supports Indian tribes' authority to 
establish their own policies. However, the Committee is also 
very concerned about ensuring that tenants and future 
applicants for assistance will be able to afford their rents 
and homebuyer payments, and will continue to have access to 
affordable housing.
    Accordingly, the Committee encourages Indian tribes that 
choose to take advantage of this provision to establish fair 
maximum rent and homebuyer policies that do not result in a 
reduction in available affordable housing for low-income Indian 
families. The Committee also expects HUD to enforce the 
requirement that Indian tribes establish written policies 
protecting current tenants and low-income Indian families that 
apply for housing assistance.

                      Section-by-Section Analysis


Section 1--Short title; Table of contents; References

    Section 1 states that the Act may be cited as the ``Native 
American Housing Assistance and Self-Determination 
Reauthorization Act of 2015.'' 

Section 2--Office of Native American Programs

    The bill establishes a new Office of the Assistant 
Secretary at the U.S. Department of Housing and Urban 
Development (HUD).

        TITLE I--TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS

Section 101--Treatment of program income and labor standards

    This Section would allow program income (such as rent 
payments) to be used without the same restrictions placed on 
the initial program income. It would further provide that, for 
projects funded by multiple Federal sources and where a tribal 
prevailing wage law exists, the tribal standards may govern the 
prevailing wage requirements associated with the use of Federal 
funds. If there is no tribal prevailing wage, the wage 
standards of the majority Federal partner shall apply to the 
project.

Section 102--Environmental review

    This section would authorize, for projects funded by 
multiple Federal sources, the use of the environmental 
standards under NAHASDA to satisfy the environmental review 
requirements of other Federal agencies. Section 102 would also 
direct the Secretary of HUD to coordinate environmental review 
compliance with all impacted Federal agencies and tribes.

Section 103--Authorization of appropriations

    This section would reauthorize the programs under this Act 
for each fiscal year from 2016 through Fiscal Year 2020 for 
such sums as may be necessary.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

Section 201--Program requirements

    This section would amend the Act so that the existing 
Federal maximum rent requirement applies if a tribe does not 
have a written policy to govern tenant's maximum rents or home 
buyer payments that includes tenant protections.

Section 202--Homeownership or lease-to-own low-income requirement and 
        income targeting

    This section would allow rental housing to be made 
available to a current tenant for conversion to a homebuyer or 
lease-purchase unit to be purchased by the tenant if that 
tenant was a low-income family at the time of initial 
occupancy. Section 202 would also ensure that the requirements 
that housing funded under the Act remain affordable for the 
useful life of the property do not apply to an improvement that 
is made to a privately owned unit and the cost of the 
improvement is less than ten percent of the maximum total 
development cost of the home.

Section 203--Lease requirements and tenant selection

    This section would require the owner or manager of the 
housing programs to use leases that require specific written 
notice of termination.

Section 204--Self-determined housing activities for tribal communities

    This section would repeal a program for self-determined 
housing activities funded under the Indian Housing Block Grant.

Section 205--Total development cost maximum project cost

    This section would limit the allowable percentage of 
development costs for a particular housing unit project to 20 
percent of the cost and require tribal housing entities to seek 
a waiver from the Secretary for development costs beyond 20 
percent.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Section 301--Effect of undisbursed block grant amounts on annual 
        allocations

    This section would require that block grant recipients with 
undisbursed Indian Housing Block Grant (IHBG) funds in excess 
of the prior 3 years' initial allocations be notified by HUD 
and demonstrate their capacity to disburse funds. Further, 
block grant allocations would be reduced starting October 1, 
2017, and each subsequent fiscal year for such tribes. The 
grant allocation, after the reduction, would be the greater of 
the initial allocation calculation minus the amount of 
undisbursed IHBG funds that exceed the sum of the prior 3 
years' initial allocation calculations, or its 1996 Minimum. 
Tribes receiving less than $5 million in annual IHBG funds 
would be exempted.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

Section 401--Reports to Congress

    This section would change the requirement that an annual 
HUD Indian housing report be provided to the entire Congress 
and instead would specifically designate the committees of 
jurisdiction that would receive these annual reports. Section 
401 would also require that HUD make the reports publically 
available.

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Section 501--HUD-Veterans Affairs Supportive Housing program for Native 
        American veterans

    This section would authorize Indian Housing Block Grant 
recipients to administer the HUD-Veterans Affairs Supportive 
Housing (VASH) program under NAHASDA instead of the United 
States Housing Act of 1937 requirements.
    The HUD-VASH program combines Housing Choice Voucher rental 
assistance for homeless veterans with case management and 
clinical services provided by the Department of Veterans 
Affairs (VA). The VA provides these services for participating 
veterans at VA medical centers and community-based outreach 
clinics.
    Up to five percent of rental assistance provided for the 
HUD-VASH could be used in grants awarded according to need, 
administrative capacity (of the tribal housing entities), and 
other funding criteria established by the HUD Secretary, in 
consultation with the VA Secretary.
    Tribal housing entities eligible for NAHASDA funding could 
participate and administer this rental assistance under their 
NAHASDA rental programs.
    The HUD Secretary could waive or specify alternative 
provisions for statutory and regulatory requirements if the 
Secretary finds a waiver or alternative provisions are 
necessary for the effective administration of housing and 
rental assistance.

Section 502--99-year leasehold interest in trust or restricted lands 
        for housing purposes

    This section would reconcile a technical difference in the 
maximum leasehold terms under the NAHASDA and the Helping 
Expedite and Advance Responsible Tribal Home Ownership Act 
(HEARTH) so that tribes may use either source of authority for 
housing-related land leasing decisions. The HEARTH Act of 2012, 
authorizes leases of trust or restricted surface lands for 
residential purposes for terms not to exceed 75 years. This 
section extends the existing authority for leases under NAHASDA 
for housing development or residential purposes for terms from 
50 for up to 99 years.

Section 503--Training and technical assistance

    This section would require the Secretary to fund on a 
competitive basis training and technical assistance at the 
regional and national level for recipients of the Indian 
Housing Block Grant.

Section 504--Loan guarantees for Indian housing

    This section would authorize $12.2 million for each fiscal 
year from 2016 through Fiscal Year 2020 for the Loan Guarantees 
for Indian Housing program.

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

Section 601--Demonstration program

    This section would establish a demonstration project for up 
to 20 tribes to use IHBG allocations with investor partners for 
private development of affordable housing. Reporting and 
approval requirements would apply. Certain NAHASDA provisions 
such as block grant requirements and loan guarantees for 
financing would not apply.

Section 602--Clerical amendments

    This section would make clerical amendments to NAHASDA's 
table of contents.

                        TITLE VII--MISCELLANEOUS

Section 701--Community-based organizations and tribally designated 
        housing entities

    This section would authorize a tribally-designated housing 
entity to qualify as a community based development organization 
when it applies for the HUD Indian Community Development Block 
Grant (ICDBG) program. The ICDBG program can provide funding 
for the following:
           Housing rehabilitation, land acquisition to 
        support new housing construction, and under limited 
        circumstances, new housing construction.
           Infrastructure construction, e.g., roads, 
        water and sewer facilities; and, single or multipurpose 
        community buildings.
           Various commercial, industrial, agricultural 
        projects which may be recipient owned and operated or 
        which may be owned and/or operated by a third party.
    Currently, eligible recipients are tribes and, in limited 
circumstances, tribal organizations. Prior to the enactment of 
NAHASDA, Indian housing authorities managed housing services 
for most tribes. This provision would include those Indian 
housing authorities that still manage tribal housing services.

Section 702--Elimination of limitation on use for Cherokee Nation

    This section would repeal the prohibition on funding for 
the Cherokee Nation.

Section 703--Reauthorization of Native Hawaiian Homeownership Act

    This section would reauthorize the Native Hawaiian 
Homeownership Act for each fiscal year from 2016 through 2020 
for such sums as may be necessary.

Section 704--Reauthorization of loan guarantees for Native Hawaiian 
        housing

    This section would reauthorize $386,000 for each fiscal 
year from 2016 through Fiscal Year 2020 for the Loan Guarantees 
for Native Hawaiian Housing program with an aggregate principal 
loan amount not to exceed $41.5 million for each year.

Section 705--Leveraging

    This section would authorize funds to be used for the 
purpose of meeting matching or cost participation requirements 
of any other Federal or non-Federal program.

Section 706--Funding for methamphetamine clean-up projects

    This section would amend the Public and Assisted Housing 
Drug Elimination Act of 1990 to allow for grants under that law 
to include methamphetamine clean-up projects.

                          Legislative History

    Chairman Barrasso introduced S. 710 on March 11, 2015. The 
bill was referred to the Committee on Indian Affairs. On March 
18, 2015, the Committee on Indian Affairs held a legislative 
hearing on the bill. On April 22, 2015, the Committee met to 
consider the bill. Two amendments were offered. One of the two 
amendments was withdrawn. The bill as amended was adopted and 
ordered favorably reported by voice vote. Under a 1988 
unanimous consent agreement regarding legislation governing 
Indian housing programs at the Department of Housing and Urban 
Development, the Committee on Banking, Housing and Urban 
Affairs shall have a sequential referral period of not more 
than 60 days. On June 4, 2015, the bill was referred to the 
Committee on Banking, Housing, and Urban Affairs, for a period 
of not more than 60 days.
    A similar bill was introduced in the House of 
Representatives. On January 14, 2015, Representative Pearce 
introduced H.R. 360. The bill was referred to the House 
Committee on Financial Services. On March 23, 2015, the House 
of Representatives passed H.R. 360 on a motion to suspend the 
rules and pass the bill. The Senate received H.R. 360 and 
referred the bill to Committee on Indian Affairs on March 24, 
2015.

                       Summary of the Amendments

    The Committee on Indian Affairs held a business meeting on 
April 22, 2015, to consider the bill, S. 710. Chairman Barrasso 
offered an amendment. Vice-Chairman Tester offered for 
consideration, but withdrew an amendment. The Committee voted 
to adopt Senator Barrasso's amendment and then the bill, as 
amended.
    Senator Barrasso's amendment incorporated changes to 
sections 201 and 301. The changes to section 201 required 
tribal rental rate policies to account for tenant protections. 
The changes to section 301 were technical in nature and 
clarified in the bill what tribes and the Administration agreed 
to during a 2014 government-to-government negotiation process 
that considered the law's treatment of undisbursed funds.

                        Committee Recommendation

    On April 22, 2015, the Committee on Indian Affairs held a 
business meeting to consider S. 710. Chairman Barrasso offered 
an amendment, which was adopted by voice vote. The Committee 
ordered the bill, as amended, reported to the full Senate with 
the recommendation that it do pass upon completion of the 
Committee on Banking, Housing and Urban Affairs consideration 
of the legislation.

                   Cost and Budgetary Considerations

    The following cost estimate, as provided by the 
Congressional Budget Office, dated May 14, 2015, was prepared 
for S. 710:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 14, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC 20510
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 710, the Native 
American Housing Assistance and Self-Determination 
Reauthorization Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Elizabeth 
Cove Delisle.
                                                        Keith Hall.
    Enclosure.

S. 710--Native American Housing Assistance and Self-Determination 
        Reauthorization Act of 2015

    Summary: S. 710 would reauthorize Native American and 
Native Hawaiian block grant and loan guarantee programs, which 
provide housing assistance, through fiscal year 2020. In 
addition, the bill would authorize a new set-aside program to 
provide rental assistance to Native American veterans who are 
homeless or at risk of homelessness. CBO estimates that 
implementing S. 710 would cost about $2.4 billion over the 
2016-2020 period, assuming appropriation of the necessary 
amounts.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    S. 710 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 710 is shown in the following table. The 
costs of this legislation fall within budget function 600 
(income security).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2016    2017    2018    2019    2020   2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Native American Housing Block Grants:
    Estimated Authorization Level............................     656     668     681     695     709     3,410
    Estimated Outlays........................................     243     378     478     566     643     2,307
Loan Guarantees for Indian Housing:
    Authorization Level......................................      12      12      12      12      12        61
    Estimated Outlays........................................      12      12      12      12      12        61
Native Hawaiian Housing Block Grants:
    Estimated Authorization Level............................       9       9       9      10      10        47
    Estimated Outlays........................................       1       3       5       7       9        23
Housing for Native American Veterans:
    Estimated Authorization Level............................       4       4       4       4       4        20
    Estimated Outlays........................................       3       4       4       4       4        19
Training and Technical Assistance:
    Estimated Authorization Level............................       4       4       4       4       4        18
    Estimated Outlays........................................       4       4       4       4       4        18
Loan Guarantees for Native Hawaiian Housing:
    Authorization Level......................................       *       *       *       *       *         2
    Estimated Outlays........................................       *       *       *       *       *         2
Assistant Secretary for the Office of Native American
 Programs:
    Estimated Authorization Level............................       *       *       *       *       *         1
    Estimated Outlays........................................       *       *       *       *       *         1
    Total Changes:
        Estimated Authorization Level........................     685     697     711     725     740     3,559
        Estimated Outlays....................................     263     401     503     593     672    2,432
----------------------------------------------------------------------------------------------------------------
Notes: Components may not sum to totals because of rounding.
* = less than $500,000.

    Basis of estimate: CBO estimates that implementing S. 710 
would cost about $2.4 billion over the next five years, 
assuming appropriation of the necessary funds. For this 
estimate, CBO assumes that S. 710 will be enacted near the end 
of fiscal year 2015, that the necessary funds will be 
appropriated at or near the beginning of each fiscal year, and 
that appropriated funds will be spent at historical rates for 
the affected programs.
    Native American Housing Block Grants: Section 103 would 
authorize the appropriation of such sums as may be necessary 
for the Native American Housing Block Grant program through 
fiscal year 2020. The block grant program provides funding to 
tribes to acquire, construct, rehabilitate, or manage 
affordable housing for Native American families with low 
incomes. In 2015, the Congress appropriated about $650 million 
for that program. Assuming continued appropriations at that 
level and adjusting for anticipated inflation, CBO estimates 
that implementing that section would cost slightly more than 
$2.3 billion over the 2016-2020 period.
    Loan guarantees for Indian housing: Section 504 would 
authorize the appropriation of $12.2 million annually through 
2020 for guaranteed loans to Native American families and 
tribes to construct, acquire or rehabilitate homes located on 
tribal land. CBO estimates that implementing that section would 
cost $61 million over the 2016-2020 period. In 2015, the 
Congress appropriated $7 million for those guarantees.
    Native Hawaiian Housing Block Grants: Section 703 would 
authorize the appropriation of such sums as may be necessary 
for the Native Hawaiian Housing Block Grant program through 
fiscal year 2020. Such grants are used to develop, maintain, 
and operate affordable housing for Native Hawaiian families 
with low income through the Department of Hawaiian Home Lands. 
In 2015, the Congress appropriated $9 million for that program. 
Assuming continued appropriations at that level and adjusting 
for anticipated inflation, CBO estimates that implementing that 
section would cost $23 million over the 2016-2020 period.
    Housing for Native American veterans: Section 501 would 
authorize a program to provide rental assistance to Native 
American veterans who are homeless or at risk of homelessness. 
Each year 5 percent of the funds made available for the 
Veterans Affairs Supported Housing program (VASH) would be set 
aside for Native American veterans. In 2015, $75 million was 
appropriated for the VASH program. Assuming a program level 
that is roughly equal to 5 percent of that amount, and 
adjusting for anticipated inflation, CBO estimates that 
implementing that section would cost $19 million over the 2016-
2020 period.
    Training and technical assistance: Section 503 would 
authorize the appropriation of such sums as may be necessary 
for a national or regional organization to provide training to 
Indian housing authorities. In 2015, the Congress provided $3.5 
million for that purpose from funds appropriated for the Native 
American Housing Block Grant program. Assuming continued 
appropriations at that level and adjusting for anticipated 
inflation, CBO estimates that implementing that section would 
cost $18 million over the 2016-2020 period.
    Loan guarantees for Native Hawaiian housing: Section 704 
would authorize the appropriation of $0.4 million annually 
through 2020 to guarantee loans to Native Hawaiians to 
construct, acquire, or rehabilitate homes located on Hawaiian 
Home Lands. CBO estimates that implementing that section would 
cost $2 million over the 2016-2020 period. In 2015, $0.1 
million was available for those guarantees.
    Assistant Secretary for the Office of Native American 
Programs: Section 2 would establish a new position for an 
Assistant Secretary in the Office of Native American Programs. 
Based on information about the costs of the salary and benefits 
for an Assistant Secretary, CBO estimates that implementing the 
provision would cost about $1 million over the 2016-2020 
period.
    Pay-As-You Go considerations: None.
    Intergovernmental and private-sector impact: S. 710 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Grants authorized in the bill would benefit 
tribal governments that participate in housing assistance 
programs. Any costs to those governments for complying with 
grant conditions would be incurred voluntarily.
    Estimate prepared by: Federal Costs: Elizabeth Cove 
Delisle; Impact on State, Local, and Tribal Governments: J'nell 
Blanco Suchy; Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 710.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 710 will 
have a minimal impact on regulatory or paperwork requirements.

                 Changes in Existing Law (Cordon Rule)

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 710, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter printed in italic):

   25 U.S.C. Sec. 4102 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 2. OFFICE OF NATIVE AMERICAN PROGRAMS.

    (a) [The Secretary] In General.--The Secretary of Housing 
and Urban Development shall carry out this chapter through the 
Office of Native American Programs of the Department of Housing 
and Urban Development.
    (b) Establishment of Office of Assistant Secretary.--The 
head of the Office of Native American Programs shall be the 
Assistant Secretary, to be appointed by the President, by and 
with the advice and consent of the Senate.

   25 U.S.C. Sec. 4114 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 101. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS .

    (a) Program Income.--
          [(1) Authority to retain.--Notwithstanding any other 
        provision of this chapter, a recipient may retain any 
        program income that is realized from any grant amounts 
        under this chapter if--
                  [(A) such income was realized after the 
                initial disbursement of the grant amounts 
                received by the recipient; and
                  [(B) the recipient has agreed that it will 
                utilize such income for housing related 
                activities in accordance with this chapter.]
          (1) Authority to retain.--
                  (A) In general.--Notwithstanding any other 
                provision of this Act, a recipient may retain 
                any program income that is realized from any 
                grant amounts under this Act if-- 
                          (i) the income was realized after the 
                        initial disbursement of the grant 
                        amounts received by the recipient; and
                          (ii) the recipient has agreed that 
                        the recipient will utilize the income 
                        for housing related activities in 
                        accordance with this Act.
                  (B) Requirements.--Any income that is 
                realized by a recipient from program income 
                shall--
                          (i) be considered nonprogram income; 
                        and
                          (ii) have no restrictions on use; and
          (2) Prohibition of restricted access or reduction of 
        grant.--The Secretary may not restrict access to or 
        reduce the grant amount for any Indian tribe based 
        solely on--
                  (A) whether the recipient for the tribe 
                retains program income under paragraph (1);
                  (B) the amount of any such program income 
                retained;
                  (C) whether the recipient retains reserve 
                amounts described in section 4140 of this 
                title; or
                  (D) whether the recipient has expended 
                retained program income for housing-related 
                activities.
          (3) Exclusion of amounts.--The Secretary may, by 
        regulation, exclude from consideration as program 
        income any amounts determined to be so small that 
        compliance with the requirements of this subsection 
        would create an unreasonable administrative burden on 
        the recipient.
          (4) Exclusion from program income of regular 
        developer's fees for low-income housing tax credit 
        projects.--Notwithstanding any other provision of this 
        chapter, any income derived from a regular and 
        customary developer's fee for any project that receives 
        a low-income housing tax credit under section 42 of 
        title 26, and that is initially funded using a grant 
        provided under this chapter, shall not be considered to 
        be program income if the developer's fee is approved by 
        the State housing credit agency.
    (b) Labor Standards.--
          (1) In general.--Any contract or agreement for 
        assistance, sale, or lease pursuant to this chapter 
        shall contain a provision requiring that not less than 
        the wages prevailing in the locality, as determined or 
        adopted (subsequent to a determination under applicable 
        State, tribal, or local law) by the Secretary, shall be 
        paid to all architects, technical engineers, draftsmen, 
        and technicians employed in the development, and all 
        maintenance laborers and mechanics employed in the 
        operation, of the affordable housing project involved; 
        and shall also contain a provision that not less than 
        the wages prevailing in the locality, as predetermined 
        by the Secretary of Labor pursuant to sections 3141-
        3144, 3146, and 3147 of title 40, shall be paid to all 
        laborers and mechanics employed in the development of 
        the affordable housing involved, and the Secretary 
        shall require certification as to compliance with the 
        provisions of this paragraph before making any payment 
        under such contract or agreement.
          (2) Exceptions.--Paragraph (1) and the provisions 
        relating to wages (pursuant to paragraph (1)) in any 
        contract or agreement for assistance, sale, or lease 
        pursuant to this chapter, shall not apply to any 
        individual who receives no compensation or is paid 
        expenses, reasonable benefits, or a nominal fee to 
        perform the services for which the individual 
        volunteered and who is not otherwise employed at any 
        time in the construction work.
          [(3) Application of tribal laws.--Paragraph (1) shall 
        not apply to any contract or agreement for assistance, 
        sale, or lease pursuant to this chapter, if such 
        contract or agreement is otherwise covered by one or 
        more laws or regulations adopted by an Indian tribe 
        that requires the payment of not less than prevailing 
        wages, as determined by the Indian tribe.]
          (3) Application of tribal laws.--
                  (A) In general.--Paragraph (1) shall not 
                apply to any contract or agreement for 
                assistance, sale, or lease pursuant to this 
                Act, if that contract or agreement is otherwise 
                covered by 1 or more laws or regulations 
                adopted by an Indian tribe that requires the 
                payment of not less than prevailing wages, as 
                determined by the Indian tribe.
                  (B) Wages.--The prevailing wages described in 
                subparagraph (A) shall apply to the 
                administration of all Federal funding for 
                projects funded in part by funds authorized 
                under this Act.

  25 U.S.C. Sec. 4115(e) (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 102. ENVIRONMENTAL REVIEW.

           *       *       *       *       *       *       *


    (e) Environmental Review.--
          (1) In general.--Notwithstanding any other provision 
        of law or use of any other source of funding for the 
        project, compliance with the environmental review 
        requirements of this section shall satisfy any other 
        applicable environmental review requirement under any 
        other Federal law (including regulations) required to 
        be carried out by any agency involved in the project.
          (2) Coordination with other agencies._The Secretary 
        shall coordinate compliance with any environmental 
        review requirements with all impacted Federal agencies 
        and Indian tribes.

   25 U.S.C. Sec. 4117 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 103. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for grants under 
this subchapter such sums as may be necessary for each of 
fiscal years [2009 through 2013] 2016 through 2020. This 
section shall take effect on October 26, 1996.

  25 U.S.C. Sec. 4133(a) (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 201. PROGRAM REQUIREMENTS.

    (a) Rents.--
          (1) Establishment. Subject to [paragraph (2)] 
        paragraph (2) and (3), each recipient shall develop 
        written policies governing rents and homebuyer payments 
        charged for dwelling units assisted under this chapter, 
        including the methods by which such rents and homebuyer 
        payments are determined.
          (2) Application of tribal policies.--Paragraph (3) 
        shall not apply if--
                  (A) the recipient has a written policy 
                governing rents and homebuyer payments charged 
                for dwelling units; and 
                  (B) that policy includes a provision 
                governing maximum rents or homebuyer payments, 
                including tenant protections.
          [(2)] (3) Maximum rent.--[In the case of] In the 
        absence of a written policy governing rents and 
        homebuyer payments, in the case of any low-income 
        family residing in a dwelling unit assisted with grant 
        amounts under this chapter, the monthly rent or 
        homebuyer payment (as applicable) for such dwelling 
        unit may not exceed 30 percent of the monthly adjusted 
        income of such family.

   25 U.S.C. Sec. 4135 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND 
                    INCOME TARGETING.

    (a) In General.--Housing shall qualify as affordable 
housing for purposes of this chapter only if--
          (1) each dwelling unit in the housing--
                  (A) in the case of rental housing, is made 
                available for occupancy only by a family that 
                is a low-income family at the time of their 
                initial occupancy of such unit;
                  (B) in the case of a contract to purchase 
                existing housing, is made available for 
                purchase only by a family that is a low-income 
                family at the time of purchase;
                  (C) in the case of a lease-purchase agreement 
                for existing housing or for housing to be 
                constructed, is made available for lease-
                purchase only by a family that is a low-income 
                family at the time the agreement is entered 
                into; [and]
                  (D) in the case of a contract to purchase 
                housing to be constructed, is made available 
                for purchase only by a family that is a low-
                income family at the time the contract is 
                entered into; and
                  (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
          (2) except for housing assisted under section 1437bb 
        of title 42 (as in effect before the date of the 
        effectiveness of this chapter), each dwelling unit in 
        the housing will remain affordable, according to 
        binding commitments satisfactory to the Secretary, for 
        the remaining useful life of the property (as 
        determined by the Secretary) without regard to the term 
        of the mortgage or to transfer of ownership, or for 
        such other period that the Secretary determines is the 
        longest feasible period of time consistent with sound 
        economics and the purposes of this chapter, except upon 
        a foreclosure by a lender (or upon other transfer in 
        lieu of foreclosure) if such action--
                  (A) recognizes any contractual or legal 
                rights of public agencies, nonprofit sponsors, 
                or others to take actions that would avoid 
                termination of low-income affordability in the 
                case of foreclosure or transfer in lieu of 
                foreclosure; and
                  (B) is not for the purpose of avoiding low-
                income affordability restrictions, as 
                determined by the Secretary.
    (b) Exception.--Notwithstanding subsection (a) of this 
section, housing assisted pursuant to section 4131(b)(2) of 
this title shall be considered affordable housing for purposes 
of this chapter.
    (c) Applicability.--
          [The provisions] (1) In general.--The provisions of 
        paragraph (2) of subsection (a) regarding binding 
        commitments for the remaining useful life of property 
        shall not apply to a family or household member who 
        subsequently takes ownership of a homeownership unit.
          (2) Applicability to improvements.--The provisions of 
        subsection (a)(2) regarding binding commitments for the 
        remaining useful life of property shall not apply to 
        improvements of privately owned homes if the cost of 
        the improvements do not exceed 10 percent of the 
        maximum total development cost for the home.

   25 U.S.C. Sec. 4137 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 203. LEASE REQUIREMENTS AND TENANT SELECTION.

(a) Leases.--Except to the extent otherwise provided by or inconsistent 
   with tribal law, in renting dwelling units in affordable housing 
 assisted with grant amounts provided under this chapter, the owner or 
           manager of the housing shall utilize leases that--

          (1) do not contain unreasonable terms and conditions;
          (2) require the owner or manager to maintain the 
        housing in compliance with applicable housing codes and 
        quality standards;
          (3) require the owner or manager to give adequate 
        written notice of termination of the lease, which shall 
        be the period of time required under State, tribal, or 
        local law;
          (4) specify that, with respect to any notice of 
        eviction or termination, notwithstanding any State, 
        tribal, or local law, a resident shall be informed of 
        the opportunity, prior to any hearing or trial, to 
        examine any relevant documents, records, or regulations 
        directly related to the eviction or termination;
          (5) require that the owner or manager may not 
        terminate the tenancy, during the term of the lease, 
        except for serious or repeated violation of the terms 
        or conditions of the lease, violation of applicable 
        Federal, State, tribal, or local law, or for other good 
        cause; and
          (6) provide that the owner or manager may terminate 
        the tenancy of a resident for any activity, engaged in 
        by the resident, any member of the household of the 
        resident, or any guest or other person under the 
        control of the resident, that--
                  (A) threatens the health or safety of, or 
                right to peaceful enjoyment of the premises by, 
                other residents or employees of the owner or 
                manager of the housing;
                  (B) threatens the health or safety of, or 
                right to peaceful enjoyment of their premises 
                by, persons residing in the immediate vicinity 
                of the premises; or
                  (C) is criminal activity (including drug-
                related criminal activity) on or off the 
                premises.
    (b) Tenant and Homebuyer Selection.--The owner or manager 
of affordable rental housing assisted with grant amounts 
provided under this chapter shall adopt and utilize written 
tenant and homebuyer selection policies and criteria that--
          (1) are consistent with the purpose of providing 
        housing for low-income families;
          (2) are reasonably related to program eligibility and 
        the ability of the applicant to perform the obligations 
        of the lease; and
          (3) provide for--
                  (A) the selection of tenants and homebuyers 
                from a written waiting list in accordance with 
                the policies and goals set forth in the Indian 
                housing plan for the tribe that is the grant 
                beneficiary of such grant amounts; and
                  (B) the prompt notification in writing to any 
                rejected applicant of that rejection and the 
                grounds for that rejection.
    (c) Notice of Termination.--The notice period described in 
subsection (a)(3) shall apply to projects and programs funded 
in part by amounts authorized under this Act.

  25 U.S.C. Sec. 4145 et seq. (Native American Housing Assistance and 
                        Self-Determination Act)


SECTION 204. SELF-DETERMINATION HOUSING ACTIVITIES FOR TRIBAL 
                    COMMUNITIES.

[Sec. 4145. Purpose.

    [The purpose of this part is to establish a program for 
self-determined housing activities for the tribal communities 
to provide Indian tribes with the flexibility to use a portion 
of the grant amounts under section 4111 of this title for the 
Indian tribe in manners that are wholly self-determined by the 
Indian tribe for housing activities involving construction, 
acquisition, rehabilitation, or infrastructure relating to 
housing activities or housing that will benefit the community 
served by the Indian tribe.

[Sec. 4145a. Program authority.

    [(a) Definition of Qualifying Indian Tribe.--In this 
section, the term ``qualifying Indian tribe'' means, with 
respect to a fiscal year, an Indian tribe or tribally 
designated housing entity--
          [(1) to or on behalf of which a grant is made under 
        section 4111 of this title;
          [(2) that has complied with the requirements of 
        section 4112(b)(6)1 of this title; and
          [(3) that, during the preceding 3-fiscal-year period, 
        has no unresolved significant and material audit 
        findings or exceptions, as demonstrated in--
                  [(A) the annual audits of that period 
                completed under chapter 75 of title 31 
                (commonly known as the ``Single Audit Act''); 
                or
                  [(B) an independent financial audit prepared 
                in accordance with generally accepted auditing 
                principles.
    [(b) Authority.--Under the program under this part, for 
each of fiscal years 2009 through 2013, the recipient for each 
qualifying Indian tribe may use the amounts specified in 
subsection (c) in accordance with this part.
    [(c) Amounts.--With respect to a fiscal year and a 
recipient, the amounts referred to in subsection (b) are 
amounts from any grant provided under section 4111 of this 
title to the recipient for the fiscal year, as determined by 
the recipient, but in no case exceeding the lesser of--
          [(1) an amount equal to 20 percent of the total grant 
        amount for the recipient for that fiscal year; and
          [(2) $2,000,000.

[Sec. 4145b. Use of amounts for housing activities.

    [(a) Eligible Housing Activities.--Any amounts made 
available for use under this part by a recipient for an Indian 
tribe shall be used only for housing activities, as selected at 
the discretion of the recipient and described in the Indian 
housing plan for the Indian tribe pursuant to section 
4112(b)(6)1 of this title, for the construction, 
acquisition, or rehabilitation of housing or infrastructure in 
accordance with section 4132 of this title to provide a benefit 
to families described in section 4131(b)(1) of this title.
    [(b) Prohibition on Certain Activities.--Amounts made 
available for use under this part may not be used for 
commercial or economic development.

[Sec. 4145c. Inapplicability of other provisions.

    [(a) In General.--Except as otherwise specifically provided 
in this chapter, subchapter I, part A of subchapter II, and 
subchapters III through VIII shall not apply to--
          [(1) the program under this part; or
          [(2) amounts made available in accordance with this 
        part.
    [(b) Applicable Provisions.--The following provisions of 
subchapters I through VIII shall apply to the program under 
this part and amounts made available in accordance with this 
part:
          [(1) Section 4111(c) of this title (relating to local 
        cooperation agreements).
          [(2) Subsections (d) and (e) of section 4111 of this 
        title (relating to tax exemption).
          [(3) Section 4111(j) of this title (relating to 
        Federal supply sources).
          [(4) Section 4111(k) of this title (relating to 
        tribal preference in employment and contracting).
          [(5) Section 4112(b)(4)1 of this title 
        (relating to certification of compliance).
          [(6) Section 4114 of this title (relating to 
        treatment of program income and labor standards).
          [(7) Section 4115 of this title (relating to 
        environmental review).
          [(8) Section 4131(b) of this title (relating to 
        eligible families).
          [(9) Section 4133(c) of this title (relating to 
        insurance coverage).
          [(10) Section 4133(g) of this title (relating to a de 
        minimis exemption for procurement of goods and 
        services).
          [(11) Section 41362 of this title 
        (relating to treatment of funds).
          [(12) Section 4139 of this title (relating to 
        noncompliance with affordable housing requirement).
          [(13) Section 4161 of this title (relating to 
        remedies for noncompliance).
          [(14) Section 4168 of this title (relating to public 
        availability of information).
          [(15) Section 4211 of this title (relating to 50-year 
        leasehold interests in trust or restricted lands for 
        housing purposes).

[Sec. 4145d. Review and report.

    [(a) Review.--During calendar year 2011, the Secretary 
shall conduct a review of the results achieved by the program 
under this part to determine--
          [(1) the housing constructed, acquired, or 
        rehabilitated under the program;
          [(2) the effects of the housing described in 
        paragraph (1) on costs to low-income families of 
        affordable housing;
          [(3) the effectiveness of each recipient in achieving 
        the results intended to be achieved, as described in 
        the Indian housing plan for the Indian tribe; and
          [(4) the need for, and effectiveness of, extending 
        the duration of the program and increasing the amount 
        of grants under section 4111 of this title that may be 
        used under the program.
    [(b) Report.--Not later than December 31, 2011, the 
Secretary shall submit to Congress a report describing the 
information obtained pursuant to the review under subsection 
(a) (including any conclusions and recommendations of the 
Secretary with respect to the program under this part), 
including--
          [(1) recommendations regarding extension of the 
        program for subsequent fiscal years and increasing the 
        amounts under section 4145a(c) of this title that may 
        be used under the program; and
          [(2) recommendations for--
                [(A)(i) specific Indian tribes or recipients 
                that should be prohibited from participating in 
                the program for failure to achieve results; and
                          [(ii) the period for which such a 
                        prohibition should remain in effect; or
                  [(B) standards and procedures by which Indian 
                tribes or recipients may be prohibited from 
                participating in the program for failure to 
                achieve results.
    [(c) Provision of Information to Secretary.--
Notwithstanding any other provision of this chapter, recipients 
participating in the program under this part shall provide such 
information to the Secretary as the Secretary may request, in 
sufficient detail and in a timely manner sufficient to ensure 
that the review and report required by this section is 
accomplished in a timely manner.]

SECTION 205. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

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

  25 U.S.C. Sec. 4151 et seq. (Native American Housing Assistance and 
                        Self-Determination Act)


SECTION 301. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS.

    (a) Notification of Obligated, Undisbursed Grant Amounts.--
Subject to subsection (d), if on October 1, 2017, or on any 
October 1 thereafter, the total amount of undisbursed block 
grants for a recipient in the line of credit control (or a 
successor system) of the Department of Housing and Urban 
Development is greater than the sum of the initial allocations 
for the previous 3 fiscal years, the Secretary shall--
          (1) not later than October 31 of that year, notify 
        the Indian tribe allocated the grant amounts, and any 
        tribally designated housing entity for the Indian 
        tribe, of the undisbursed amounts; and
          (2) require the recipient for the Indian tribe, not 
        later than 30 days after the Secretary provides 
        notification pursuant to paragraph (1)--
                  (A) to notify the Secretary in writing of the 
                reasons why the recipient has not requested the 
                disbursement of the amounts; and
                  (B) to demonstrate to the satisfaction of the 
                Secretary that the recipient has the capacity 
                to spend Federal funds in an effective manner, 
                which may include evidence of the timely 
                expenditure of amounts previously distributed 
                to the recipient under this Act.
    (b) Allocation Amount.--Notwithstanding sections 301 and 
302, the allocation for a recipient for a fiscal year described 
in subsection (a) shall be the greater of--
          (1) an amount equal to the difference between--
                  (A) the amount initially calculated according 
                to the formula; minus
                  (B) an amount equal to the difference 
                between--
                          (i) the total amount of undisbursed 
                        block grants for the recipient in the 
                        line of credit control system (or a 
                        successor system) of the Department of 
                        Housing and Urban Development on 
                        October 1 of the fiscal year; and
                          (ii) the sum of the initial 
                        allocations for the previous 3 fiscal 
                        years; or
          (2) the amount that the recipient would otherwise 
        receive under section 302(d).
    (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 needs component of 
the formula.
    (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 Indian tribe for block 
grants under this Act is less than $5,000,000.
    (e) Effect.--Nothing in this section--
          (1) requires the promulgation of any regulation; or
          (2) confers hearing rights under this section or any 
        other provision of this Act.

   25 U.S.C. Sec. 4167 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION. 401. REPORTS TO CONGRESS.

    (a) In General.--Not later than 90 days after the 
conclusion of each fiscal year in which assistance under this 
chapter is made available, the Secretary shall submit to the 
[Congress] Committee on Indian Affairs and the Committee on 
Banking, Housing and Urban Affairs of the Senate and the 
Committee on Financial Services of the House of Representatives 
a report that contains--
          (1) a description of the progress made in 
        accomplishing the objectives of this chapter;
          (2) a summary of the use of funds available under 
        this chapter during the preceding fiscal year; and
          (3) a description of the aggregate outstanding loan 
        guarantees under subchapter VI of this chapter.
    (b) Related Reports.--The Secretary may require recipients 
of grant amounts under this chapter to submit to the Secretary 
such reports and other information as may be necessary in order 
for the Secretary to make the report required by subsection (a) 
of this section.
    (c) Public Availability.--The report described in 
subsection (a) shall be made publicly available, including to 
recipients.

        42 U.S.C. 1437f(o)(19) United States Housing Act of 1937


SECTION 501. HUD VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR NATIVE 
                    AMERICAN VETERANS.

           *       *       *       *       *       *       *


          (19) Rental vouchers for veterans affairs supported 
        housing program 
                  (A) Set aside.--Subject to subparagraph (C), 
                the Secretary shall set aside, from amounts 
                made available for rental assistance under this 
                subsection, the amounts specified in 
                subparagraph (B) for use only for providing 
                such assistance through a supported housing 
                program administered in conjunction with the 
                Department of Veterans Affairs. Such program 
                shall provide rental assistance on behalf of 
                homeless veterans who have chronic mental 
                illnesses or chronic substance use disorders, 
                shall require agreement of the veteran to 
                continued treatment for such mental illness or 
                substance use disorder as a condition of 
                receipt of such rental assistance, and shall 
                ensure such treatment and appropriate case 
                management for each veteran receiving such 
                rental assistance.
                  (B) Amount.--The amount specified in this 
                subparagraph is--
                          (i) for fiscal year 2007, the amount 
                        necessary to provide 500 vouchers for 
                        rental assistance under this 
                        subsection;
                          (ii) for fiscal year 2008, the amount 
                        necessary to provide 1,000 vouchers for 
                        rental assistance under this 
                        subsection;
                          (iii) for fiscal year 2009, the 
                        amount necessary to provide 1,500 
                        vouchers for rental assistance under 
                        this subsection;
                          (iv) for fiscal year 2010, the amount 
                        necessary to provide 2,000 vouchers for 
                        rental assistance under this 
                        subsection; and
                          (v) for fiscal year 2011, the amount 
                        necessary to provide 2,500 vouchers for 
                        rental assistance under this 
                        subsection.
                  (C) Funding through incremental assistance.--
                In any fiscal year, to the extent that this 
                paragraph requires the Secretary to set aside 
                rental assistance amounts for use under this 
                paragraph in an amount that exceeds the amount 
                set aside in the preceding fiscal year, such 
                requirement shall be effective only to such 
                extent or in such amounts as are or have been 
                provided in appropriation Acts for such fiscal 
                year for incremental rental assistance under 
                this subsection.
                  (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 
                        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.
                                  (I) Indian.--The term 
                                `Indian' has the meaning given 
                                the term in section 4 of the 
                                Indian Self-Determination and 
                                Education Assistance Act (25 
                                U.S.C. 450b).
                          (ii) Recipients.--Funds made 
                        available under clause (i) 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 made 
                        available under clause (i) 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.--Funds 
                        made available under clause (i) shall 
                        be administered by block grant 
                        recipients in accordance with the 
                        program requirements of the Native 
                        American Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 
                        4101 et seq.) in lieu of any program 
                        requirements of this Act.
                          (v) Waiver.--The Secretary may waive, 
                        or specify alternative requirements for 
                        any provision of any law or regulation 
                        that the Secretary administers in 
                        connection with the use of funds made 
                        available under this subparagraph, on a 
                        finding by the Secretary that a waiver 
                        or alternative requirement is 
                        necessary--
                                  (I) to promote administrative 
                                efficiency;
                                  (II) to eliminate delay;
                                  (III) to consolidate or 
                                eliminate duplicative or 
                                ineffective requirements or 
                                criteria; or
                                  (IV) to otherwise provide for 
                                the effective delivery and 
                                administration of the 
                                supportive housing and rental 
                                assistance program described in 
                                clause (i) with respect to 
                                Native American veterans.
                          (vi) Consultation.--Not later than a 
                        date that is sufficient to provide for 
                        implementation of the program under 
                        this subparagraph in accordance with 
                        clause (i), the Secretary and the 
                        Secretary of Veterans Affairs shall 
                        jointly consult with block grant 
                        recipients and any other appropriate 
                        tribal organizations to ensure--
                                  (I) that block grant 
                                recipients administering funds 
                                made available under clause (i) 
                                are able to effectively 
                                coordinate with providers of 
                                supportive services provided in 
                                connection with the supportive 
                                housing and rental assistance 
                                program described in that 
                                clause; and
                                  (II) the effective delivery 
                                of supportive services to 
                                Native American veterans that 
                                are homeless or at risk of 
                                homelessness and eligible to 
                                receive assistance under this 
                                subparagraph.
                          (vii) Notice.--After providing to 
                        Indian tribes and tribally designated 
                        housing agencies opportunity for 
                        comment and consultation, the Secretary 
                        shall establish the requirements and 
                        criteria for the supportive housing and 
                        rental assistance program described in 
                        clause (i) by final notice published in 
                        the Federal Register.

   25 U.S.C. Sec.  4211 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 502. [50-YEAR] 99-YEAR LEASEHOLD INTEREST IN TRUST OR 
                    RESTRICTED LANDS FOR HOUSING PURPOSES.

    [50-year] 99-year leasehold interest in trust or restricted 
lands for housing purposes.
    (a) Authority to Lease.--Notwithstanding any other 
provision of law, any trust or restricted Indian lands, whether 
tribally or individually owned, may be leased by the Indian 
owners, subject to the approval of the affected Indian tribe 
and the Secretary of the Interior, for housing development and 
residential purposes.
    (b) Term.--Each lease pursuant to subsection (a) of this 
section shall be for a term not exceeding [50 years] 99 years. 
    (c) Rule of Construction.--This section may not be 
construed to repeal, limit, or affect any authority to lease 
any trust or restricted Indian lands that--
          (1) is conferred by or pursuant to any other 
        provision of law in effect before, on, or after the 
        date of enactment of this section; or
          (2) provides for leases for any period exceeding [50 
        years] 99 years.
    (d) Self-Implementation.--This section is intended to be 
self-implementing and shall not require the issuance of any 
rule, regulation, or order to take effect as provided in 
section 705.

   25 U.S.C. Sec. 4212 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 503. TRAINING AND TECHNICAL ASSISTANCE.

    [There are authorized to be appropriated for assistance for 
a national organization representing Native American housing 
interests for providing training and technical assistance to 
Indian housing authorities and tribally designated housing 
entities such sums as may be necessary for each of fiscal years 
2009 through 2013.]
    The Secretary shall make available for assistance, to be 
awarded on a competitive basis, for a national or regional 
organization representing Native American housing interests for 
providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities such sums 
as may be necessary for each fiscal year. 

  12 U.S.C. 1715z-13a(i)(5) (Housing and Community Development Act of 
                                 1992)


SECTION 504. LOAN GUARANTEES FOR INDIAN HOUSING.

           *       *       *       *       *       *       *


          (5) Limitation on commitments to guarantee loans and 
        mortgages.-- 
                  (A) Requirement of Appropriations.--The 
                authority of the Secretary to enter into 
                commitments to guarantee loans under this 
                section shall be effective for any fiscal year 
                to the extent or in such amounts as are or have 
                been provided in appropriations Acts, without 
                regard to the fiscal year for which such 
                amounts were appropriated.
                  (B) Limitations on Costs of Guarantees.--The 
                authority of the Secretary to enter into 
                commitments to guarantee loans under this 
                section shall be effective for any fiscal year 
                only to the extent that amounts in the 
                Guarantee Fund are or have been made available 
                in appropriation Acts to cover the costs (as 
                such term is defined in section 661a of title 
                2) of such loan guarantees for such fiscal 
                year. There are authorized to be appropriated 
                for those costs $12,200,000 for each of fiscal 
                years 2016 through 2020. Any amounts 
                appropriated pursuant to this subparagraph 
                shall remain available until expended.
                  (C) Limitation on Outstanding Aggregate 
                Principal Amount.--Subject to the limitations 
                in subparagraphs (A) and (B), the Secretary may 
                enter into commitments to guarantee loans under 
                this section in each of fiscal years [2008 
                through 2012] 2016 through 2020 with an 
                aggregate outstanding principal amount not 
                exceeding such amount as may be provided in 
                appropriation Acts for such fiscal year.

SECTION 601. DEMONSTRATION PROGRAM.

SEC. 901. DEFINITIONS.

    In this title:
          (1) Affordable housing.--The term `affordable 
        housing' has the meaning given the term in section 4.
          (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 Indian tribe 
        and a member of the participating Indian tribe that 
        authorizes the member--
                  (A) to occupy a specific plot of tribal land 
                for 50 or more years; and
                  (B) to request renewal of the agreement at 
                least once.
          (4) Participating indian tribe.--The term 
        `participating Indian tribe' means an Indian tribe for 
        which a final plan under section 905 for participation 
        in the demonstration program under this title has been 
        approved by the Secretary under section 906.

SEC. 902. 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 a participating Indian tribe having a 
final plan approved pursuant to section 906 with the authority 
to exercise the activities provided under this title and the 
plan for the acquisition and development of housing to meet the 
needs of members of the participating Indian tribe.
    (b) Inapplicability.--Except as otherwise specifically 
provided in this title, titles I through IV, VI, and VII shall 
not apply to the use of funds by a participating Indian tribe 
during any period during which the Indian tribe is 
participating in the demonstration program under this title.
    (c) Applicability.--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. 903. 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 
enactment of this title, in such form and such manner as the 
Secretary shall require.
    (b) Cooperative Agreement.--On approval under section 906 
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 
Indian tribe that provides the Indian tribe with the authority 
to carry out activities under the demonstration program.
    (c) Limitation.--The Secretary shall not approve more than 
20 Indian tribes for participation in the demonstration program 
under this title.

SEC. 904. REQUEST FOR QUOTES AND SELECTION OF INVESTOR PARTNER.

    (a) Request for Quotes.--Not later than 180 days after the 
date on which the Indian tribe submits notice under section 
903(a), the Indian tribe shall--
          (1) obtain assistance from a qualified entity in 
        assessing the housing needs, including the affordable 
        housing needs, of the Indian tribe; and
          (2) release a request for quotations from entities 
        interested in partnering with the Indian tribe in 
        designing and carrying out housing activities 
        sufficient to meet the housing needs of the Indian 
        tribe as identified pursuant to paragraph (1).
    (b) Selection of Investor Partner.--
          (1) In general.--Except as provided in paragraph (2), 
        not later than 18 months after the date of 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 request of 
                the Indian tribe for quotations under 
                subsection (a)(2); and
                  (B) together with that investor partner, 
                establish and submit to the Secretary a final 
                plan that meets the requirements described in 
                section 905.
          (2) Exceptions.--The Secretary may extend the period 
        under paragraph (1) for any Indian tribe that--
                  (A) has not received any satisfactory 
                quotation in response to the 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. 905. FINAL PLAN.

    A final plan of an Indian tribe for participation in the 
demonstration program under this title shall--
          (1) be developed by the Indian tribe and the investor 
        partner of the Indian tribe selected under section 
        904(b)(1)(A);
          (2) identify the qualified entity that assisted the 
        Indian tribe in assessing the housing needs of the 
        Indian tribe;
          (3) set forth a detailed description of the projected 
        housing needs, including affordable housing needs, of 
        the Indian tribe, which shall include--
                  (A) a description of those projected housing 
                needs over--
                          (i) the 2-year period following the 
                        date of submission of the final plan; 
                        and
                          (ii) the period that is the earlier-
                        ending period of--
                                  (I) the 5-year period 
                                following the expiration of the 
                                2-year period described in 
                                clause (i); and
                                  (II) the period ending on the 
                                date on which those projected 
                                housing needs are met; and
                  (B) the same information that would be 
                required under section 102 to be included in an 
                Indian housing plan for the Indian tribe, as 
                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 housing needs of the Indian 
        tribe, including affordable housing needs, as 
        identified pursuant to paragraph (3) within the time 
        periods referred to in that paragraph, which shall 
        include--
                  (A) development of affordable housing;
                  (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 
                final plan; and
                  (D) investments by the investor partner, the 
                Indian tribe, members of the Indian tribe, and 
                financial institutions and other outside 
                investors necessary to provide financing for 
                the development of housing under the final plan 
                and for mortgages for members of Indian tribes 
                purchasing that housing;
          (5) provide that the Indian tribe will agree to 
        provide long-term leases to members of the Indian tribe 
        sufficient for lease-to-own arrangements for, and sale 
        of, the housing developed pursuant to paragraph (4);
          (6) provide that the Indian tribe--
                  (A) will be liable for delinquencies under 
                mortgage agreements for housing developed under 
                the final plan that are financed under the 
                final plan and entered into by members of the 
                Indian tribe; and
                  (B) shall, on foreclosure under a mortgage 
                described in subparagraph (A), take possession 
                of the housing and have the responsibility for 
                making the housing available to other members 
                of the Indian tribe;
          (7) provide for sufficient protections, as determined 
        by the Secretary, to ensure that the Indian tribe and 
        the Federal Government are not liable for the acts of 
        the investor partner or of any contractors;
          (8) provide that the Indian tribe shall have sole 
        final approval of the design and location of housing 
        developed under the final plan; and
          (9) set forth--
                  (A) specific deadlines and schedules for 
                activities to be carried out under the final 
                plan;
                  (B) the responsibilities of the Indian tribe 
                and the investor partner;
                  (C) specific terms and conditions--
                          (i) for return on investment by the 
                        investor partner and other investors 
                        under the plan; and
                          (ii) to provide that the Indian tribe 
                        shall pledge grant amounts allocated 
                        for the Indian tribe pursuant to title 
                        III for that return on investment;
                  (D) the terms of a cooperative agreement on 
                the operation and management of the current 
                assistance housing stock and current housing 
                stock for the Indian tribe assisted under 
                titles I through VIII;
                  (E)(i) any plans for the sale of the 
                affordable housing of the Indian tribe under 
                section 906; and
                          (ii) if those plans are included, 
                        additional plans sufficient to meet the 
                        requirements of section 906 regarding 
                        meeting future affordable housing needs 
                        of the Indian tribe;
                  (F) terms for enforcement of the final plan, 
                including an agreement regarding jurisdiction 
                of any actions under or to enforce the final 
                plan, including a waiver of immunity; and
                  (G) any other information determined 
                appropriate by the Indian tribe and the 
                investor partner.

SEC. 906. HUD REVIEW AND APPROVAL OF PLAN.

    (a) In General.--
          (1) Review.--Not later than 90 days after the date of 
        submission by an Indian tribe of a final plan under 
        section 905 to the Secretary, the Secretary shall--
                  (A) review the plan and the process by which 
                the Indian tribe solicited requests for 
                quotations from investors and selected the 
                investor partner under section 904(b)(1); and
                  (B) approve or disapprove the plan in 
                accordance with paragraphs (2) and (3).
          (2) Approval.--
                  (A) In general.--After the review described 
                in paragraph (1), the Secretary shall approve 
                the plan, unless the Secretary determines 
                that--
                          (i) the assessment of the housing 
                        needs of the Indian tribe by the 
                        qualified entity, or as set forth in 
                        the plan pursuant to section 905(3), is 
                        inaccurate or insufficient;
                          (ii) the process established by the 
                        Indian 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 Indian 
                        tribe, as identified in the plan 
                        pursuant to section 905(3).
                  (B) Opportunity for Revision.--Except as 
                provided in paragraph (3), the Secretary shall 
                approve a plan determined insufficient under 
                subparagraph (A), on the condition that the 
                Indian tribe and the investor partner make such 
                revisions to the plan as the Secretary may 
                require to meet the needs of the Indian tribe 
                for affordable housing.
          (3) Disapproval.--The Secretary may disapprove the 
        plan only if--
                  (A) the Secretary determines that the plan 
                fails to meet the minimal housing standards and 
                requirements of this Act; and
                  (B) the Secretary notifies the Indian tribe 
                of the elements requiring the disapproval.
    (b) Action Upon Disapproval.--
          (1) Resubmission of Plan.--Subject to paragraph (2), 
        in the case of any disapproval of a final plan of an 
        Indian tribe under subsection (a)(3), the Secretary 
        shall allow the tribe, for a period of 180 days 
        beginning on the date of the notification to the tribe 
        of the disapproval, to resubmit a revised plan for 
        approval.
          (2) Limitation.--If the final plan for an Indian 
        tribe is resubmitted pursuant to paragraph (1) and the 
        Secretary disapproves the plan a second time, the 
        Indian tribe--
                  (A) may not thereafter resubmit the plan; and
                  (B) shall be ineligible to participate in the 
                demonstration program under this title.
    (c) Tribal Authority Over Housing Design and Location.--The 
Secretary may not disapprove a final plan under section 905 or 
condition approval of that 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 an 
Indian tribe submitting a final plan of approval, conditional 
approval, or disapproval of the plan before the expiration of 
the period referred to in subsection (a)(1), the plan shall be 
deemed approved for purposes of this title.

SEC. 907. TREATMENT OF ALLOCATION.

    (a) In General.--Amounts otherwise allocated for a 
participating Indian tribe under title III--
          (1) shall not be made available to the participating 
        Indian tribe under titles I through VIII; and
          (2) shall only be available for the participating 
        Indian tribe, on request by the participating Indian 
        tribe and approval by the Secretary, for the purposes 
        described in subsections (b) through (e).
    (b) Return on Investment.--The Secretary may use the 
amounts described in subsection (a) to ensure the payment of 
any amounts pledged by a participating Indian tribe pursuant to 
section 905(9)(C) for return on the investment made by the 
investor partner or other investors.
    (c) Administrative Expenses.--The Secretary may provide to 
a participating Indian tribe, on the request of the 
participating Indian tribe, not greater than 10 percent of any 
annual allocation made under title III for the participating 
Indian tribe during that fiscal year for the administrative 
costs of the participating Indian tribe in carrying out the 
requirements of sections 904 and 905.
    (d) Housing Infrastructure Costs.--A participating Indian 
tribe may use the amounts described in subsection (a) for 
housing infrastructure costs associated with providing 
affordable housing for the participating Indian tribe under the 
final plan.
    (e) Maintenance; Tenant Services.--A participating Indian 
tribe may use the amounts described in subsection (a) for 
maintenance of affordable housing for the participating Indian 
tribe and for the eligible affordable housing activities 
described in paragraphs (3), (4), and (5) of section 202.

SEC. 908. RESALE OF AFFORDABLE HOUSING.

    Notwithstanding any other provision of this Act, a 
participating Indian tribe may, in accordance with the 
provisions of the final plan of the participating Indian tribe 
approved pursuant to section 906, resell any affordable housing 
developed with assistance made available under this Act for use 
other than as affordable housing, on the condition that the 
tribe provides such assurances as the Secretary determines are 
appropriate to ensure that the participating Indian tribe--
          (1) is meeting the need for affordable housing of the 
        participating Indian tribe;
          (2) will provide affordable housing in the future 
        sufficient to meet future affordable housing needs; and
          (3) will use any proceeds only--
                  (A) to meet those future affordable housing 
                needs; or
                  (B) in accordance with section 907.

SEC. 909. REPORTS, AUDITS, AND COMPLIANCE.

    (a) Annual Reports by Tribe.--Each participating Indian 
tribe shall submit to the Secretary annually a report--
          (1) describing the progress of the participating 
        Indian tribe in complying with, and meeting the 
        deadlines and schedules set forth in, the approved 
        final plan for the participating Indian tribe; and
          (2) containing such other information as the 
        Secretary may require.
    (b) Reports to Congress.--The Secretary shall submit to 
Congress annually a report describing the activities and 
progress of the demonstration program under this title, 
including--
          (1) a summary of the information in the reports 
        submitted under subsection (a);
          (2) the number of Indian tribes that have selected an 
        investor partner pursuant to a request for quotations 
        under section 904;
          (3) for each tribe applying for participation in the 
        demonstration program the final plan of which was 
        disapproved under section 906(a)(3), a detailed 
        description and explanation of--
                  (A) the reasons for the disapproval; and
                  (B) all actions taken by the Indian tribe to 
                eliminate the reasons for disapproval, and an 
                identification of whether the tribe has re-
                submitted a final plan;
          (4) an identification, by participating Indian tribe, 
        of any amounts requested and approved for use under 
        section 907; and
          (5) an identification of any participating Indian 
        tribes that have terminated participation in the 
        demonstration program and the circumstances of the 
        terminations.
    (c) Audits.--The Secretary shall provide for audits among 
participating Indian tribes to ensure implementation and 
compliance with the final plans for the participating Indian 
tribes, including on-site visits with participating Indian 
tribes and requests for documentation appropriate to ensure the 
compliance.

SEC. 910. TERMINATION OF TRIBAL PARTICIPATION.

    (a) Termination of Participation.--A participating Indian 
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 Indian tribe in the demonstration program 
        under this section shall not terminate any obligations 
        of the Indian tribe under agreements entered into under 
        the demonstration program with the investor partner of 
        the Indian tribe or any other investors or contractors.
          (2) Authority to mutually terminate agreements.--
        Nothing in this title prevents an Indian tribe that 
        terminates participation in the demonstration program 
        and any party with which the Indian tribe has entered 
        into an agreement from mutually agreeing to terminate 
        that 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 907 from the allocation 
under title III for an Indian 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. 911. FINAL REPORT.

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

SEC. 912. NOTICE.

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

Public Law 104--330; 110 Stat. 4048 (Native American Housing Assistance 
                      and Self-Determination Act)


SECTION 701. COMMUNITY-BASED ORGANIZATIONS AND TRIBALLY DESIGNATED 
                    HOUSING ENTITIES.

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

Public Law 110--411; 122 Stat. 4334 (Native American Housing Assistance 
                      and Self-Determination Act)


SECTION 702. ELIMINATION OF LIMITATION ON USE FOR CHEROKEE NATION.

    [No funds authorized under this Act, or the amendments made 
by this Act, or appropriated pursuant to an authorization under 
this Act or such amendments, shall be expended for the benefit 
of the Cherokee Nation; provided, that this limitation shall 
not be effective if the Temporary Order and Temporary 
Injunction issued on May 14, 2007, by the District Court of the 
Cherokee Nation remains in effect during the pendency of 
litigation or there is a settlement agreement which effects the 
end of litigation among the adverse parties.]

   25 U.S.C. Sec. 4243 (Native American Housing Assistance and Self-
                           Determination Act)


SECTION 703. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT.

    There are authorized to be appropriated to the Department 
of Housing and Urban Development for grants under this 
subchapter such sums as may be necessary for each of fiscal 
years [2001, 2002, 2003, 2004, and 2005] 2016, 2017, 2018, 
2019, and 2020.

  12 U.S.C. 1715z-13b(j)(5) (Housing and Community Development Act of 
                                 1992)


SECTION 704. REAUTHORIZATION OF LOAN GUARANTEES FOR NATIVE HAWAIIAN 
                    HOUSING.

          (5) Limitation on commitments to guarantee loans and 
        mortgages.--
                  (A) Requirement of appropriations.--The 
                authority of the Secretary to enter into 
                commitments to guarantee loans under this 
                section shall be effective for any fiscal year 
                to the extent, or in such amounts as are, or 
                have been, provided in appropriations Acts, 
                without regard to the fiscal year for which 
                such amounts were appropriated.
                  (B) Limitations on costs of guarantees.--The 
                authority of the Secretary to enter into 
                commitments to guarantee loans under this 
                section shall be effective for any fiscal year 
                only to the extent that amounts in the 
                Guarantee Fund are or have been made available 
                in appropriations Acts to cover the costs (as 
                that term is defined in section 661a of title 
                2) of such loan guarantees for such fiscal 
                year. There are authorized to be appropriated 
                for those costs $386,000 for each of fiscal 
                years 2016 through 2020. Any amounts 
                appropriated pursuant to this subparagraph 
                shall remain available until expended.
                  (C) Limitation on outstanding aggregate 
                principal amount.--Subject to the limitations 
                in subparagraphs (A) and (B), the Secretary may 
                enter into commitments to guarantee loans under 
                this section [for each of fiscal years 2001, 
                2002, 2003, 2004, and 2005 with an aggregate 
                outstanding principal amount not exceeding 
                $100,000,000 for each such fiscal year] for 
                each of fiscal years 2016 through 2020 with an 
                aggregate outstanding principal amount not 
                exceeding $41,504,000 for each fiscal year.

SECTION 705. LEVERAGING.

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

42 U.S.C. 11903(a)(7) (Public and Assisted Housing Drug Elimination Act 
                                of 1990)


SECTION 706. FUNDING FOR METHAMPHETAMINE CLEAN-UP PROJECTS.

          (7) where a public housing agency, an Indian tribe, 
        or recipient of assistance under the Native American 
        Housing Assistance and Self-Determination Act of 1996 
        [25 U.S.C. 4101 et seq.] receives a grant, providing 
        funding to nonprofit resident management corporations 
        and resident councils to develop security and drug 
        abuse prevention programs involving site residents or 
        to implement methamphetamine clean-up projects; and

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