[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 4319

Public Law 110-411
110th Congress

An Act


 
To reauthorize the programs for housing assistance for Native
Americans. [NOTE: Oct. 14, 2008 -  [H.R. 2786]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: Native American
Housing Assistance and Self-Determination Reauthorization Act of
2008.
SECTION 1. [NOTE: 25 USC 4101 note.   SHORT TITLE; TABLE OF
CONTENTS.

(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Reauthorization Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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

TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

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

TITLE II--AFFORDABLE HOUSING ACTIVITIES

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

TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Allocation formula.

TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

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

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

Sec. 501. Effect on Home Investment Partnerships Act.

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

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

TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.

TITLE VIII--MISCELLANEOUS

Sec. 801. Limitation on use for Cherokee Nation.

[[Page 4320]]
122 STAT. 4320

Sec. 802. Limitation on use of funds.
Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different
sizes.

SEC. 2. CONGRESSIONAL FINDINGS.

Section 2 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101) is amended in paragraphs (6)
and (7) by striking ``should'' each place it appears and inserting
``shall''.
SEC. 3. DEFINITIONS.

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

TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

SEC. 101. BLOCK GRANTS.

Section 101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``For each'' and inserting the
following:
``(1) In general.--For each'';
(ii) by striking ``tribes to carry out
affordable housing activities.'' and inserting the
following: ``tribes--
``(A) to carry out affordable housing activities
under subtitle A of title II; and''; and
(iii) by adding at the end the following:
``(B) to carry out self-determined housing
activities for tribal communities programs under
subtitle B of that title.''; and

[[Page 4321]]
122 STAT. 4321

(B) in the second sentence, by striking ``Under''
and inserting the following:
``(2) Provision of amounts.--Under'';
(2) in subsection (g), by inserting ``of this section and
subtitle B of title II'' after ``subsection (h)''; and
(3) by adding at the end the following:

``(j) Federal Supply Sources.--For purposes of section 501 of title
40, United States Code, on election by the applicable Indian tribe--
``(1) each Indian tribe or tribally designated housing
entity shall be considered to be an Executive agency in carrying
out any program, service, or other activity under this Act; and
``(2) each Indian tribe or tribally designated housing
entity and each employee of the Indian tribe or tribally
designated housing entity shall have access to sources of supply
on the same basis as employees of an Executive agency.

``(k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to any grant
(or portion of a grant) made on behalf of an Indian tribe under this Act
that is intended to benefit 1 Indian tribe, the tribal employment and
contract preference laws (including regulations and tribal ordinances )
adopted by the Indian tribe that receives the benefit shall apply with
respect to the administration of the grant (or portion of a grant).''.
SEC. 102. INDIAN HOUSING PLANS.

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

``(b) 1-Year Plan Requirement.--
``(1) In general.--A housing plan of an Indian tribe under
this section shall--
``(A) be in such form as the Secretary may
prescribe; and
``(B) contain the information described in paragraph
(2).
``(2) Required information.--A housing plan shall include
the following information with respect to the tribal program
year for which assistance under this Act is made available:
``(A) Description of planned activities.--A
statement of planned activities, including--
``(i) the types of household to receive
assistance;
``(ii) the types and levels of assistance to
be provided;
``(iii) the number of units planned to be
produced;

[[Page 4322]]
122 STAT. 4322

``(iv)(I) a description of any housing to be
demolished or disposed of;
``(II) a timetable for the demolition or
disposition; and
``(III) any other information required by the
Secretary with respect to the demolition or
disposition;
``(v) a description of the manner in which the
recipient will protect and maintain the viability
of housing owned and operated by the recipient
that was developed under a contract between the
Secretary and an Indian housing authority pursuant
to the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.); and
``(vi) outcomes anticipated to be achieved by
the recipient.
``(B) Statement of needs.--A statement of the
housing needs of the low-income Indian families residing
in the jurisdiction of the Indian tribe, and the means
by which those needs will be addressed during the
applicable period, including--
``(i) a description of the estimated housing
needs and the need for assistance for the low-
income Indian families in the jurisdiction,
including a description of the manner in which the
geographical distribution of assistance is
consistent with the geographical needs and needs
for various categories of housing assistance; and
``(ii) a description of the estimated housing
needs for all Indian families in the jurisdiction.
``(C) Financial resources.--An operating budget for
the recipient, in such form as the Secretary may
prescribe, that includes--
``(i) an identification and description of the
financial resources reasonably available to the
recipient to carry out the purposes of this Act,
including an explanation of the manner in which
amounts made available will leverage additional
resources; and
``(ii) the uses to which those resources will
be committed, including eligible and required
affordable housing activities under title II and
administrative expenses.
``(D) Certification of compliance.--Evidence of
compliance with the requirements of this Act, including,
as appropriate--
``(i) a certification that, in carrying out
this Act, the recipient will comply with the
applicable provisions of title II of the Civil
Rights Act of 1968 (25 U.S.C. 1301 et seq.) and
other applicable Federal laws and regulations;
``(ii) a certification that the recipient will
maintain adequate insurance coverage for housing
units that are owned and operated or assisted with
grant amounts provided under this Act, in
compliance with such requirements as the Secretary
may establish;
``(iii) a certification that policies are in
effect and are available for review by the
Secretary and the public governing the
eligibility, admission, and occupancy of

[[Page 4323]]
122 STAT. 4323

families for housing assisted with grant amounts
provided under this Act;
``(iv) a certification that policies are in
effect and are available for review by the
Secretary and the public governing rents and
homebuyer payments charged, including the methods
by which the rents or homebuyer payments are
determined, for housing assisted with grant
amounts provided under this Act;
``(v) a certification that policies are in
effect and are available for review by the
Secretary and the public governing the management
and maintenance of housing assisted with grant
amounts provided under this Act; and
``(vi) a certification that the recipient will
comply with section 104(b).'';
(3) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively; and
(4) in subsection (d) (as redesignated by paragraph (3)), by
striking ``subsection (d)'' and inserting ``subsection (c)''.
SEC. 103. REVIEW OF PLANS.

Section 103 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4113) is amended--
(1) in subsection (d)--
(A) in the first sentence--
(i) by striking ``fiscal'' each place it
appears and inserting ``tribal program''; and
(ii) by striking ``(with respect to'' and all
that follows through ``section 102(c))''; and
(B) by striking the second sentence; and
(2) by striking subsection (e) and inserting the following:

``(e) Self-Determined Activities Program.--Notwithstanding any other
provision of this section, the Secretary--
``(1) shall review the information included in an Indian
housing plan pursuant to subsections (b)(4) and (c)(7) only to
determine whether the information is included for purposes of
compliance with the requirement under section 232(b)(2); and
``(2) may not approve or disapprove an Indian housing plan
based on the content of the particular benefits, activities, or
results included pursuant to subsections (b)(4) and (c)(7).''.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

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

[[Page 4324]]
122 STAT. 4324

SEC. 105. [NOTE: Deadlines.   REGULATIONS.

Section 106(b)(2) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is amended--
(1) in subparagraph (B)(i), by striking ``The Secretary''
and inserting ``Not later than 180 days after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 and any other Act to
reauthorize this Act, the Secretary''; and
(2) by adding at the end the following:
``(C) Subsequent negotiated rulemaking.--The
Secretary shall--
``(i) initiate a negotiated rulemaking in
accordance with this section by not later than 90
days after the date of enactment of the Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2008 and any other Act to
reauthorize this Act; and
``(ii) promulgate regulations pursuant to this
section by not later than 2 years after the date
of enactment of the Native American Housing
Assistance and Self-Determination Reauthorization
Act of 2008 and any other Act to reauthorize this
Act.
``(D) Review.--Not less frequently than once every 7
years, the Secretary, in consultation with Indian
tribes, shall review the regulations promulgated
pursuant to this section in effect on the date on which
the review is conducted.''.

TITLE II--AFFORDABLE HOUSING ACTIVITIES

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

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

[[Page 4325]]
122 STAT. 4325

(B) by striking ``non-Indian family'' and inserting
``family''; and
(4) in paragraph (4)(A)(i), by inserting ``or other unit of
local government,'' after ``county,''.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

Section 202 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132) is amended--
(1) in the matter preceding paragraph (1), by striking ``to
develop or to support'' and inserting ``to develop, operate,
maintain, or support'';
(2) in paragraph (2)--
(A) by striking ``development of utilities'' and
inserting ``development and rehabilitation of utilities,
necessary infrastructure,''; and
(B) by inserting ``mold remediation,'' after
``energy efficiency,'';
(3) in paragraph (4), by inserting ``the costs of operation
and maintenance of units developed with funds provided under
this Act,'' after ``rental assistance,''; and
(4) by adding at the end the following:
``(9) Reserve accounts.--
``(A) In general.--Subject to subparagraph (B), the
deposit of amounts, including grant amounts under
section 101, in a reserve account established for an
Indian tribe only for the purpose of accumulating
amounts for administration and planning relating to
affordable housing activities under this section, in
accordance with the Indian housing plan of the Indian
tribe.
``(B) Maximum amount.--A reserve account established
under subparagraph (A) shall consist of not more than an
amount equal to \1/4\ of the 5-year average of the
annual amount used by a recipient for administration and
planning under paragraph (2).''.
SEC. 203. PROGRAM REQUIREMENTS.

Section 203 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133) is amended by adding at the
end the following:
``(f) Use of Grant Amounts Over Extended Periods.--
``(1) In general.--To the extent that the Indian housing
plan for an Indian tribe provides for the use of amounts of a
grant under section 101 for a period of more than 1 fiscal year,
or for affordable housing activities for which the amounts will
be committed for use or expended during a subsequent fiscal
year, the Secretary shall not require those amounts to be used
or committed for use at any time earlier than otherwise provided
for in the Indian housing plan.
``(2) Carryover.--Any amount of a grant provided to an
Indian tribe under section 101 for a fiscal year that is not
used by the Indian tribe during that fiscal year may be used by
the Indian tribe during any subsequent fiscal year.

``(g) De Minimis Exemption for Procurement of Goods and Services.--
Notwithstanding any other provision of law, a recipient shall not be
required to act in accordance with any otherwise applicable competitive
procurement rule or procedure with respect to the procurement, using a
grant provided under this Act, of goods and services the value of which
is less than $5,000.''.

[[Page 4326]]
122 STAT. 4326

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

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

Section 208(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4138(a)) is amended by inserting
``applicants for employment, and of'' after ``records of''.
SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL
COMMUNITIES PROGRAM.

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

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

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

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

``SEC. [NOTE: 25 USC 4145.   231. PURPOSE.

``The purpose of this subtitle is to establish a program for self-
determined housing activities for the tribal communities to provide
Indian tribes with the flexibility to use a portion of the grant amounts
under section 101 for the Indian tribe in manners that are wholly self-
determined by the Indian tribe for housing activities involving
construction, acquisition, rehabilitation, or infrastructure relating to
housing activities or housing that will benefit the community served by
the Indian tribe.
``SEC. [NOTE: 25 USC 4145a.   232. PROGRAM AUTHORITY.

``(a) Definition of Qualifying Indian Tribe.--In this section, the
term `qualifying Indian tribe' means, with respect to a fiscal year, an
Indian tribe or tribally designated housing entity--
``(1) to or on behalf of which a grant is made under section
101;
``(2) that has complied with the requirements of section
102(b)(6); and
``(3) that, during the preceding 3-fiscal-year period, has
no unresolved significant and material audit findings or
exceptions, as demonstrated in--

[[Page 4327]]
122 STAT. 4327

``(A) the annual audits of that period completed
under chapter 75 of title 31, United States Code
(commonly known as the `Single Audit Act'); or
``(B) an independent financial audit prepared in
accordance with generally accepted auditing principles.

``(b) Authority.--Under the program under this subtitle, for each of
fiscal years 2009 through 2013, the recipient for each qualifying Indian
tribe may use the amounts specified in subsection (c) in accordance with
this subtitle.
``(c) Amounts.--With respect to a fiscal year and a recipient, the
amounts referred to in subsection (b) are amounts from any grant
provided under section 101 to the recipient for the fiscal year, as
determined by the recipient, but in no case exceeding the lesser of--
``(1) an amount equal to 20 percent of the total grant
amount for the recipient for that fiscal year; and
``(2) $2,000,000.
``SEC. 233. [NOTE: 25 USC 4145b.   USE OF AMOUNTS FOR HOUSING
ACTIVITIES.

``(a) Eligible Housing Activities.--Any amounts made available for
use under this subtitle by a recipient for an Indian tribe shall be used
only for housing activities, as selected at the discretion of the
recipient and described in the Indian housing plan for the Indian tribe
pursuant to section 102(b)(6), for the construction, acquisition, or
rehabilitation of housing or infrastructure in accordance with section
202 to provide a benefit to families described in section 201(b)(1).
``(b) Prohibition on Certain Activities.--Amounts made available for
use under this subtitle may not be used for commercial or economic
development.
``SEC. [NOTE: 25 USC 4145c.   234. INAPPLICABILITY OF OTHER
PROVISIONS.

``(a) In General.--Except as otherwise specifically provided in this
Act, title I, subtitle A of title II, and titles III through VIII shall
not apply to--
``(1) the program under this subtitle; or
``(2) amounts made available in accordance with this
subtitle.

``(b) Applicable Provisions.--The following provisions of titles I
through VIII shall apply to the program under this subtitle and amounts
made available in accordance with this subtitle:
``(1) Section 101(c) (relating to local cooperation
agreements).
``(2) Subsections (d) and (e) of section 101 (relating to
tax exemption).
``(3) Section 101(j) (relating to Federal supply sources).
``(4) Section 101(k) (relating to tribal preference in
employment and contracting).
``(5) Section 102(b)(4) (relating to certification of
compliance).
``(6) Section 104 (relating to treatment of program income
and labor standards).
``(7) Section 105 (relating to environmental review).
``(8) Section 201(b) (relating to eligible families).
``(9) Section 203(c) (relating to insurance coverage).
``(10) Section 203(g) (relating to a de minimis exemption
for procurement of goods and services).
``(11) Section 206 (relating to treatment of funds).

[[Page 4328]]
122 STAT. 4328

``(12) Section 209 (relating to noncompliance with
affordable housing requirement).
``(13) Section 401 (relating to remedies for noncompliance).
``(14) Section 408 (relating to public availability of
information).
``(15) Section 702 (relating to 50-year leasehold interests
in trust or restricted lands for housing purposes).
``SEC. [NOTE: 25 USC 4145d.   235. REVIEW AND REPORT.

``(a) Review.--During calendar year 2011, the Secretary shall
conduct a review of the results achieved by the program under this
subtitle to determine--
``(1) the housing constructed, acquired, or rehabilitated
under the program;
``(2) the effects of the housing described in paragraph (1)
on costs to low-income families of affordable housing;
``(3) the effectiveness of each recipient in achieving the
results intended to be achieved, as described in the Indian
housing plan for the Indian tribe; and
``(4) the need for, and effectiveness of, extending the
duration of the program and increasing the amount of grants
under section 101 that may be used under the program.

``(b) Report.--Not later than December 31, 2011, the Secretary shall
submit to Congress a report describing the information obtained pursuant
to the review under subsection (a) (including any conclusions and
recommendations of the Secretary with respect to the program under this
subtitle), including--
``(1) recommendations regarding extension of the program for
subsequent fiscal years and increasing the amounts under section
232(c) that may be used under the program; and
``(2) recommendations for--
``(A)(i) specific Indian tribes or recipients that
should be prohibited from participating in the program
for failure to achieve results; and
``(ii) the period for which such a prohibition
should remain in effect; or
``(B) standards and procedures by which Indian
tribes or recipients may be prohibited from
participating in the program for failure to achieve
results.

``(c) Provision of Information to Secretary.--Notwithstanding any
other provision of this Act, recipients participating in the program
under this subtitle shall provide such information to the Secretary as
the Secretary may request, in sufficient detail and in a timely manner
sufficient to ensure that the review and report required by this section
is accomplished in a timely manner.''.
(b) Technical Amendment.--The table of contents in section 1(b) of
the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 note) is amended--
(1) by inserting after the item for title II the following:

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

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

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

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

[[Page 4329]]
122 STAT. 4329

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

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

TITLE III--ALLOCATION OF GRANT AMOUNTS

SEC. 301. ALLOCATION FORMULA.

Section 302 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4152) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Study of need data.--
``(A) In general.--
The [NOTE: Contracts.   Secretary shall enter into a
contract with an organization with expertise in housing
and other demographic data collection methodologies
under which the organization, in consultation with
Indian tribes and Indian organizations, shall--
``(i) assess existing data sources, including
alternatives to the decennial census, for use in
evaluating the factors for determination of need
described in subsection (b); and
``(ii) develop and recommend methodologies for
collecting data on any of those factors, including
formula area, in any case in which existing data
is determined to be insufficient or inadequate, or
fails to satisfy the requirements of this Act.
``(B) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary
to carry out this section, to remain available until
expended.''; and
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1)(A) The number of low-income housing dwelling units
developed under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.), pursuant to a contract between an Indian housing
authority for the tribe and the Secretary, that are owned or
operated by a recipient on the October 1 of the calendar year
immediately preceding the year for which funds are provided,
subject to the condition that such a unit shall not be
considered to be a low-income housing dwelling unit for purposes
of this section if--
``(i) the recipient ceases to possess the legal
right to own, operate, or maintain the unit; or
``(ii) the unit is lost to the recipient by
conveyance, demolition, or other means.
``(B) If the unit is a homeownership unit not conveyed
within 25 years from the date of full availability, the
recipient shall not be considered to have lost the legal right
to own, operate, or maintain the unit if the unit has not been
conveyed to the homebuyer for reasons beyond the control of the
recipient.

[[Page 4330]]
122 STAT. 4330

``(C) If the unit is demolished and the recipient rebuilds
the unit within 1 year of demolition of the unit, the unit may
continue to be considered a low-income housing dwelling unit for
the purpose of this paragraph.
``(D) In this paragraph, the term `reasons beyond the
control of the recipient' means, after making reasonable
efforts, there remain--
``(i) delays in obtaining or the absence of title
status reports;
``(ii) incorrect or inadequate legal descriptions or
other legal documentation necessary for conveyance;
``(iii) clouds on title due to probate or intestacy
or other court proceedings; or
``(iv) any other legal impediment.
``(E) [NOTE: Deadline.   Subparagraphs (A) through (D)
shall not apply to any claim arising from a formula current
assisted stock calculation or count involving an Indian housing
block grant allocation for any fiscal year through fiscal year
2008, if a civil action relating to the claim is filed by not
later than 45 days after the date of enactment of this
subparagraph.''.

TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

SEC. 401. REMEDIES FOR NONCOMPLIANCE.

Section 401(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Substantial noncompliance.--The failure of a recipient
to comply with the requirements of section 302(b)(1) regarding
the reporting of low-income dwelling units shall not, in itself,
be considered to be substantial noncompliance for purposes of
this title.''.
SEC. 402. MONITORING OF COMPLIANCE.

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

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

[[Page 4331]]
122 STAT. 4331

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

SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.

(a) In General.--Title V of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4181 et seq.) is amended
by adding at the end the following:
``SEC. 509. [NOTE: 25 USC 4184.   EFFECT ON HOME INVESTMENT
PARTNERSHIPS ACT.

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

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

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

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

(a) In General.--Title VI of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4191 et seq.) is amended
by adding at the end the following:
``SEC. 606. [NOTE: 25 USC 4196.   DEMONSTRATION PROGRAM FOR
GUARANTEED LOANS TO FINANCE TRIBAL
COMMUNITY AND ECONOMIC DEVELOPMENT
ACTIVITIES.

``(a) Authority.--
``(1) In general.--Subject to paragraph (2), to the extent
and in such amounts as are provided in appropriation Acts,
subject to the requirements of this section, and in accordance
with such terms and conditions as the Secretary may prescribe,
the Secretary may guarantee and make commitments to guarantee
the notes and obligations issued by Indian tribes or tribally
designated housing entities with tribal approval, for the
purposes of financing activities carried out on Indian
reservations and in other Indian areas that, under the first
sentence of section 108(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308), are eligible for
financing with notes and other obligations guaranteed pursuant
to that section.

[[Page 4332]]
122 STAT. 4332

``(2) Limitation.--The Secretary may guarantee, or make
commitments to guarantee, under paragraph (1) the notes or
obligations of not more than 4 Indian tribes or tribally
designated housing entities located in each Department of
Housing and Urban Development Office of Native American Programs
region.

``(b) Low-Income Benefit Requirement.--Not less than 70 percent of
the aggregate amount received by an Indian tribe or tribally designated
housing entity as a result of a guarantee under this section shall be
used for the support of activities that benefit low-income families on
Indian reservations and other Indian areas.
``(c) Financial Soundness.--
``(1) In general.--The [NOTE: Criteria.   Secretary shall
establish underwriting criteria for guarantees under this
section, including fees for the guarantees, as the Secretary
determines to be necessary to ensure that the program under this
section is financially sound.
``(2) Amounts of fees.--Fees for guarantees established
under paragraph (1) shall be established in amounts that are
sufficient, but do not exceed the minimum amounts necessary, to
maintain a negative credit subsidy for the program under this
section, as determined based on the risk to the Federal
Government under the underwriting requirements established under
paragraph (1).

``(d) Terms of Obligations.--
``(1) In general.--Each note or other obligation guaranteed
pursuant to this section shall be in such form and denomination,
have such maturity, and be subject to such conditions as the
Secretary may prescribe, by regulation.
``(2) Limitation.--The Secretary may not deny a guarantee
under this section on the basis of the proposed repayment period
for the note or other obligation, unless--
``(A) the period is more than 20 years; or
``(B) the Secretary determines that the period would
cause the guarantee to constitute an unacceptable
financial risk.

``(e) Limitation on Percentage.--A guarantee made under this section
shall guarantee repayment of 95 percent of the unpaid principal and
interest due on the note or other obligation guaranteed.
``(f) Security and Repayment.--
``(1) Requirements on issuer.--To ensure the repayment of
notes and other obligations and charges incurred under this
section and as a condition for receiving the guarantees, the
Secretary shall require the Indian tribe or housing entity
issuing the notes or obligations--
``(A) [NOTE: Contracts.   to enter into a contract,
in a form acceptable to the Secretary, for repayment of
notes or other obligations guaranteed under this
section;
``(B) to demonstrate that the extent of each
issuance and guarantee under this section is within the
financial capacity of the Indian tribe; and
``(C) to furnish, at the discretion of the
Secretary, such security as the Secretary determines to
be appropriate in making the guarantees, including
increments in local tax receipts generated by the
activities assisted by a guarantee under this section or
disposition proceeds from the

[[Page 4333]]
122 STAT. 4333

sale of land or rehabilitated property, except that the
security may not include any grant amounts received or
for which the issuer may be eligible under title I.
``(2) Full faith and credit.--
``(A) In general.--The full faith and credit of the
United States is pledged to the payment of all
guarantees made under this section.
``(B) Treatment of guarantees.--
``(i) In general.--Any guarantee made by the
Secretary under this section shall be conclusive
evidence of the eligibility of the obligations for
the guarantee with respect to principal and
interest.
``(ii) Incontestable nature.--The validity of
any such a guarantee shall be incontestable in the
hands of a holder of the guaranteed obligations.

``(g) Training and Information.--The Secretary, in cooperation with
Indian tribes and tribally designated housing entities, may carry out
training and information activities with respect to the guarantee
program under this section.
``(h) Limitations on Amount of Guarantees.--
``(1) Aggregate fiscal year limitation.--Notwithstanding any
other provision of law, subject only to the absence of qualified
applicants or proposed activities and to the authority provided
in this section, and to the extent approved or provided for in
appropriations Acts, the Secretary may enter into commitments to
guarantee notes and obligations under this section with an
aggregate principal amount not to exceed $200,000,000 for each
of fiscal years 2009 through 2013.
``(2) Authorization of appropriations for credit subsidy.--
There are authorized to be appropriated to cover the costs (as
defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a)) of guarantees under this section $1,000,000 for
each of fiscal years 2009 through 2013.
``(3) Aggregate outstanding limitation.--The total amount of
outstanding obligations guaranteed on a cumulative basis by the
Secretary pursuant to this section shall not at any time exceed
$1,000,000,000 or such higher amount as may be authorized to be
appropriated for this section for any fiscal year.
``(4) Fiscal year limitations on indian tribes.--
``(A) In general.--The Secretary shall monitor the
use of guarantees under this section by Indian tribes.
``(B) Modifications.--If the Secretary determines
that 50 percent of the aggregate guarantee authority
under paragraph (3) has been committed, the Secretary
may--
``(i) impose limitations on the amount of
guarantees pursuant to this section that any
single Indian tribe may receive in any fiscal year
of $25,000,000; or
``(ii) request the enactment of legislation
increasing the aggregate outstanding limitation on
guarantees under this section.

``(i) Report.--Not later than 4 years after the date of enactment of
this section, the Secretary shall submit to Congress a report describing
the use of the authority under this section by Indian tribes and
tribally designated housing entities, including--

[[Page 4334]]
122 STAT. 4334

``(1) an identification of the extent of the use and the
types of projects and activities financed using that authority;
and
``(2) an analysis of the effectiveness of the use in
carrying out the purposes of this section.

``(j) Termination.--The authority of the Secretary under this
section to make new guarantees for notes and obligations shall terminate
on October 1, 2013.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 note) is amended by inserting after the item
relating to section 605 the following:

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

TITLE VII--FUNDING

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

(a) Block Grants and Grant Requirements.--Section 108 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4117) is amended in the first sentence by striking ``1998 through
2007'' and inserting ``2009 through 2013''.
(b) Federal Guarantees for Financing for Tribal Housing
Activities.--Section 605 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4195) is amended in
subsections (a) and (b) by striking ``1997 through 2007'' each place it
appears and inserting ``2009 through 2013''.
(c) Training and Technical Assistance.--Section 703 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4212) is amended by striking ``1997 through 2007'' and inserting
``2009 through 2013''.

TITLE VIII--MISCELLANEOUS

SEC. 801. 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.
SEC. 802. LIMITATION ON USE OF FUNDS.

No amounts made available pursuant to any authorization of
appropriations under this Act, or under the amendments made by this Act,
may be used to employ workers described in section 274A(h)(3)) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

[[Page 4335]]
122 STAT. 4335

SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES OF
DIFFERENT SIZES.

(a) In General.--The Comptroller General of the United States shall
conduct a study of the effectiveness of the Native American Housing
Assistance and Self-Determination Act of 1996 in achieving its purposes
of meeting the needs for affordable housing for low-income Indian
families, as compared to the programs for housing and community
development assistance for Indian tribes and families and Indian housing
authorities that were terminated under title V of such Act and the
amendments made by such title. The study shall compare such
effectiveness with respect to Indian tribes of various sizes and types,
and specifically with respect to smaller tribes for which grants of
lesser or minimum amounts have been made under title I of such Act.
(b) Report.--Not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Committee on Financial Services of
the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate regarding the results and conclusions of the
study conducted pursuant to subsection (a). Such report shall include
recommendations regarding any changes appropriate to the Native American
Housing Assistance and Self-Determination Act of 1996 to help ensure
that the purposes of such Act are achieved by all Indian tribes,
regardless of size or type.

Approved October 14, 2008.

LEGISLATIVE HISTORY--H.R. 2786 (S. 2062):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-295 (Comm. on Financial Services).
SENATE REPORTS: No. 110-238 accompanying S. 2062 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Sept. 6, considered and passed
House.
Vol. 154 (2008):
Sept. 25, considered and passed
Senate, amended.
Sept. 27, House concurred in Senate
amendment.