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Donate NowH.R.2786 - Native American Housing Assistance and Self-Determination Reauthorization Act of 2007
To reauthorize the programs for housing assistance for Native Americans.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 3,265 | n/a | n/a |
| Reported in House | 3,366 | 6 | 2% |
| Engrossed in House | 4,693 | 19 | 41% |
| Referred in Senate | 4,685 | 6 | 0% |
| Engrossed Amendment Senate | 7,169 | 453 | 79% |
| Enrolled Bill | 6,974 | 10 Show Changes Hide Changes | 1% |
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HR 2786 EAS
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the third day of January, two thousand and eightCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
To reauthorize the programs for housing assistance for Native Americans.CommentsClose CommentsPermalink
’, do pass with the followingAMENDMENT:Strike all after the enacting clause and insert the following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink
(a) Short Title- This Act may be cited as the ‘Native American Housing Assistance and Self-Determination Reauthorization Act of 2008’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Congressional findings.CommentsClose CommentsPermalink
Sec. 3. Definitions.CommentsClose CommentsPermalink
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.CommentsClose CommentsPermalink
Sec. 102. Indian housing plans.CommentsClose CommentsPermalink
Sec. 103. Review of plans.CommentsClose CommentsPermalink
Sec. 104. Treatment of program income and labor standards.CommentsClose CommentsPermalink
Sec. 105. Regulations.CommentsClose CommentsPermalink
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.CommentsClose CommentsPermalink
Sec. 202. Eligible affordable housing activities.CommentsClose CommentsPermalink
Sec. 203. Program requirements.CommentsClose CommentsPermalink
Sec. 204. Low-income requirement and income targeting.CommentsClose CommentsPermalink
Sec. 205. Availability of records.CommentsClose CommentsPermalink
Sec. 206. Self-determined housing activities for tribal communities program.CommentsClose CommentsPermalink
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Allocation formula.CommentsClose CommentsPermalink
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
Sec. 401. Remedies for noncompliance.CommentsClose CommentsPermalink
Sec. 402. Monitoring of compliance.CommentsClose CommentsPermalink
Sec. 403. Performance reports.CommentsClose CommentsPermalink
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED PROGRAMS
Sec. 501. Effect on Home Investment Partnerships Act.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
TITLE VII--FUNDING
Sec. 701. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VIII--MISCELLANEOUS
Sec. 801. Limitation on use for Cherokee Nation.CommentsClose CommentsPermalink
Sec. 802. Limitation on use of funds.CommentsClose CommentsPermalink
Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different sizes.CommentsClose CommentsPermalink
SEC. 2. CONGRESSIONAL FINDINGS.CommentsClose CommentsPermalink
Section 2 of the Native American Housing Assistance and Self-Determination Act of 1996 (
SEC. 3. DEFINITIONS.CommentsClose CommentsPermalink
Section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) by striking paragraph (22);CommentsClose CommentsPermalink
(2) by redesignating paragraphs (8) through (21) as paragraphs (9) through (22), respectively; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (7) the following:CommentsClose CommentsPermalink
‘(8) HOUSING RELATED COMMUNITY DEVELOPMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘housing related community development’ means any facility, community building, business, activity, or infrastructure that--CommentsClose CommentsPermalink
‘(i) is owned by an Indian tribe or a tribally designated housing entity;CommentsClose CommentsPermalink
‘(ii) is necessary to the provision of housing in an Indian area; andCommentsClose CommentsPermalink
‘(iii)(I) would help an Indian tribe or tribally designated housing entity to reduce the cost of construction of Indian housing;CommentsClose CommentsPermalink
‘(II) would make housing more affordable, accessible, or practicable in an Indian area; orCommentsClose CommentsPermalink
‘(III) would otherwise advance the purposes of this Act.CommentsClose CommentsPermalink
‘(B) EXCLUSION- The term ‘housing and community development’ does not include any activity conducted by any Indian tribe under the Indian Gaming Regulatory Act (
et seq.).’.CommentsClose CommentsPermalink 25 U.S.C. 2701
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTSCommentsClose CommentsPermalink
SEC. 101. BLOCK GRANTS.CommentsClose CommentsPermalink
Section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the first sentence--CommentsClose CommentsPermalink
(i) by striking ‘For each’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- For each’;CommentsClose CommentsPermalink
(ii) by striking ‘tribes to carry out affordable housing activities.’ and inserting the following: ‘tribes--CommentsClose CommentsPermalink
‘(A) to carry out affordable housing activities under subtitle A of title II; and’; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) to carry out self-determined housing activities for tribal communities programs under subtitle B of that title.’; andCommentsClose CommentsPermalink
(B) in the second sentence, by striking ‘Under’ and inserting the following:CommentsClose CommentsPermalink
‘(2) PROVISION OF AMOUNTS- Under’;CommentsClose CommentsPermalink
(2) in subsection (g), by inserting ‘of this section and subtitle B of title II’ after ‘subsection (h)’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(j) Federal Supply Sources- For purposes of
, on election by the applicable Indian tribe--CommentsClose CommentsPermalink section 501 of title 40, United States Code
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
SEC. 102. INDIAN HOUSING PLANS.CommentsClose CommentsPermalink
Section 102 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) in subsection (a)(1)--CommentsClose CommentsPermalink
(A) by striking ‘(1)(A) for’ and all that follows through the end of subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
‘(1)(A) for an Indian tribe to submit to the Secretary, by not later than 75 days before the beginning of each tribal program year, a 1-year housing plan for the Indian tribe; or’; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking ‘subsection (d)’ and inserting ‘subsection (c)’;CommentsClose CommentsPermalink
(2) by striking subsections (b) and (c) and inserting the following:CommentsClose CommentsPermalink
‘(b) 1-Year Plan Requirement-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A housing plan of an Indian tribe under this section shall--CommentsClose CommentsPermalink
‘(A) be in such form as the Secretary may prescribe; andCommentsClose CommentsPermalink
‘(B) contain the information described in paragraph (2).CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(A) DESCRIPTION OF PLANNED ACTIVITIES- A statement of planned activities, including--CommentsClose CommentsPermalink
‘(i) the types of household to receive assistance;CommentsClose CommentsPermalink
‘(ii) the types and levels of assistance to be provided;CommentsClose CommentsPermalink
‘(iii) the number of units planned to be produced;CommentsClose CommentsPermalink
‘(iv)(I) a description of any housing to be demolished or disposed of;CommentsClose CommentsPermalink
‘(II) a timetable for the demolition or disposition; andCommentsClose CommentsPermalink
‘(III) any other information required by the Secretary with respect to the demolition or disposition;CommentsClose CommentsPermalink
‘(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 (
et seq.); andCommentsClose CommentsPermalink 42 U.S.C. 1437 ‘(vi) outcomes anticipated to be achieved by the recipient.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(ii) a description of the estimated housing needs for all Indian families in the jurisdiction.CommentsClose CommentsPermalink
‘(C) FINANCIAL RESOURCES- An operating budget for the recipient, in such form as the Secretary may prescribe, that includes--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(ii) the uses to which those resources will be committed, including eligible and required affordable housing activities under title II and administrative expenses.CommentsClose CommentsPermalink
‘(D) CERTIFICATION OF COMPLIANCE- Evidence of compliance with the requirements of this Act, including, as appropriate--CommentsClose CommentsPermalink
‘(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 (
et seq.) and other applicable Federal laws and regulations;CommentsClose CommentsPermalink 25 U.S.C. 1301 ‘(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;CommentsClose CommentsPermalink
‘(iii) a certification that policies are in effect and are available for review by the Secretary and the public governing the eligibility, admission, and occupancy of families for housing assisted with grant amounts provided under this Act;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(vi) a certification that the recipient will comply with section 104(b).’;CommentsClose CommentsPermalink
(3) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; andCommentsClose CommentsPermalink
(4) in subsection (d) (as redesignated by paragraph (3)), by striking ‘subsection (d)’ and inserting ‘subsection (c)’.CommentsClose CommentsPermalink
SEC. 103. REVIEW OF PLANS.CommentsClose CommentsPermalink
Section 103 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) in subsection (d)--CommentsClose CommentsPermalink
(A) in the first sentence--CommentsClose CommentsPermalink
(i) by striking ‘fiscal’ each place it appears and inserting ‘tribal program’; andCommentsClose CommentsPermalink
(ii) by striking ‘(with respect to’ and all that follows through ‘section 102(c))’; andCommentsClose CommentsPermalink
(B) by striking the second sentence; andCommentsClose CommentsPermalink
(2) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink
‘(e) Self-Determined Activities Program- Notwithstanding any other provision of this section, the Secretary--CommentsClose CommentsPermalink
‘(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); andCommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.CommentsClose CommentsPermalink
Section 104(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (
‘(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.’.CommentsClose CommentsPermalink
SEC. 105. REGULATIONS.CommentsClose CommentsPermalink
Section 106(b)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (
(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’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(C) SUBSEQUENT NEGOTIATED RULEMAKING- The Secretary shall--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
TITLE II--AFFORDABLE HOUSING ACTIVITIESCommentsClose CommentsPermalink
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.CommentsClose CommentsPermalink
Section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (
(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),’;CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking the first sentence and inserting the following:CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(B) in the second sentence, by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(B) LIMITS- The Secretary’;CommentsClose CommentsPermalink
(3) in paragraph (3)--CommentsClose CommentsPermalink
(A) in the paragraph heading, by striking ‘NON-INDIAN’ and inserting ‘ESSENTIAL’; andCommentsClose CommentsPermalink
(B) by striking ‘non-Indian family’ and inserting ‘family’; andCommentsClose CommentsPermalink
(4) in paragraph (4)(A)(i), by inserting ‘or other unit of local government,’ after ‘county,’.CommentsClose CommentsPermalink
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.CommentsClose CommentsPermalink
Section 202 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) in the matter preceding paragraph (1), by striking ‘to develop or to support’ and inserting ‘to develop, operate, maintain, or support’;CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking ‘development of utilities’ and inserting ‘development and rehabilitation of utilities, necessary infrastructure,’; andCommentsClose CommentsPermalink
(B) by inserting ‘mold remediation,’ after ‘energy efficiency,’;CommentsClose CommentsPermalink
(3) in paragraph (4), by inserting ‘the costs of operation and maintenance of units developed with funds provided under this Act,’ after ‘rental assistance,’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(9) RESERVE ACCOUNTS-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
SEC. 203. PROGRAM REQUIREMENTS.CommentsClose CommentsPermalink
Section 203 of the Native American Housing Assistance and Self-Determination Act of 1996 (
‘(f) Use of Grant Amounts Over Extended Periods-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.CommentsClose CommentsPermalink
Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 (
‘(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.’.CommentsClose CommentsPermalink
SEC. 205. AVAILABILITY OF RECORDS.CommentsClose CommentsPermalink
Section 208(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (
SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES PROGRAM.CommentsClose CommentsPermalink
(a) Establishment of Program- Title II of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) by inserting after the title designation and heading the following:CommentsClose CommentsPermalink
‘Subtitle A--General Block Grant Program’;CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘Subtitle B--Self-Determined Housing Activities for Tribal CommunitiesCommentsClose CommentsPermalink
‘SEC. 231. PURPOSE.CommentsClose CommentsPermalink
‘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.CommentsClose CommentsPermalink
‘SEC. 232. PROGRAM AUTHORITY.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) to or on behalf of which a grant is made under section 101;CommentsClose CommentsPermalink
‘(2) that has complied with the requirements of section 102(b)(6); andCommentsClose CommentsPermalink
‘(3) that, during the preceding 3-fiscal-year period, has no unresolved significant and material audit findings or exceptions, as demonstrated in--CommentsClose CommentsPermalink
‘(A) the annual audits of that period completed under chapter 75 of title 31, United States Code (commonly known as the ‘Single Audit Act’); orCommentsClose CommentsPermalink
‘(B) an independent financial audit prepared in accordance with generally accepted auditing principles.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) an amount equal to 20 percent of the total grant amount for the recipient for that fiscal year; andCommentsClose CommentsPermalink
‘(2) $2,000,000.CommentsClose CommentsPermalink
‘SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(b) Prohibition on Certain Activities- Amounts made available for use under this subtitle may not be used for commercial or economic development.CommentsClose CommentsPermalink
‘SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) the program under this subtitle; orCommentsClose CommentsPermalink
‘(2) amounts made available in accordance with this subtitle.CommentsClose CommentsPermalink
‘(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:CommentsClose CommentsPermalink
‘(1) Section 101(c) (relating to local cooperation agreements).CommentsClose CommentsPermalink
‘(2) Subsections (d) and (e) of section 101 (relating to tax exemption).CommentsClose CommentsPermalink
‘(3) Section 101(j) (relating to Federal supply sources).CommentsClose CommentsPermalink
‘(4) Section 101(k) (relating to tribal preference in employment and contracting).CommentsClose CommentsPermalink
‘(5) Section 102(b)(4) (relating to certification of compliance).CommentsClose CommentsPermalink
‘(6) Section 104 (relating to treatment of program income and labor standards).CommentsClose CommentsPermalink
‘(7) Section 105 (relating to environmental review).CommentsClose CommentsPermalink
‘(8) Section 201(b) (relating to eligible families).CommentsClose CommentsPermalink
‘(9) Section 203(c) (relating to insurance coverage).CommentsClose CommentsPermalink
‘(10) Section 203(g) (relating to a de minimis exemption for procurement of goods and services).CommentsClose CommentsPermalink
‘(11) Section 206 (relating to treatment of funds).CommentsClose CommentsPermalink
‘(12) Section 209 (relating to noncompliance with affordable housing requirement).CommentsClose CommentsPermalink
‘(13) Section 401 (relating to remedies for noncompliance).CommentsClose CommentsPermalink
‘(14) Section 408 (relating to public availability of information).CommentsClose CommentsPermalink
‘(15) Section 702 (relating to 50-year leasehold interests in trust or restricted lands for housing purposes).CommentsClose CommentsPermalink
‘SEC. 235. REVIEW AND REPORT.CommentsClose CommentsPermalink
‘(a) Review- During calendar year 2011, the Secretary shall conduct a review of the results achieved by the program under this subtitle to determine--CommentsClose CommentsPermalink
‘(1) the housing constructed, acquired, or rehabilitated under the program;CommentsClose CommentsPermalink
‘(2) the effects of the housing described in paragraph (1) on costs to low-income families of affordable housing;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(2) recommendations for--CommentsClose CommentsPermalink
‘(A)(i) specific Indian tribes or recipients that should be prohibited from participating in the program for failure to achieve results; andCommentsClose CommentsPermalink
‘(ii) the period for which such a prohibition should remain in effect; orCommentsClose CommentsPermalink
‘(B) standards and procedures by which Indian tribes or recipients may be prohibited from participating in the program for failure to achieve results.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Technical Amendment- The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (
note) is amended--CommentsClose CommentsPermalink 25 U.S.C. 4101
(1) by inserting after the item for title II the following:CommentsClose CommentsPermalink
‘Subtitle A--General Block Grant Program’;
(2) by inserting after the item for section 205 the following:CommentsClose CommentsPermalink
‘Sec. 206. Treatment of funds.’;CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(3) by inserting before the item for title III the following:CommentsClose CommentsPermalink
‘Subtitle B--Self-Determined Housing Activities for Tribal Communities
‘Sec. 231. Purposes.CommentsClose CommentsPermalink
‘Sec. 232. Program authority.CommentsClose CommentsPermalink
‘Sec. 233. Use of amounts for housing activities.CommentsClose CommentsPermalink
‘Sec. 234. Inapplicability of other provisions.CommentsClose CommentsPermalink
‘Sec. 235. Review and report.’.CommentsClose CommentsPermalink
TITLE III--ALLOCATION OF GRANT AMOUNTSCommentsClose CommentsPermalink
SEC. 301. ALLOCATION FORMULA.CommentsClose CommentsPermalink
Section 302 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘The Secretary’ and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) STUDY OF NEED DATA-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall enter into a contract with an organization with expertise in housing and other demographic data collection methodologies under which the organization, in consultation with Indian tribes and Indian organizations, shall--CommentsClose CommentsPermalink
‘(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); andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1)(A) The number of low-income housing dwelling units developed under the United States Housing Act of 1937 (
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--CommentsClose CommentsPermalink 42 U.S.C. 1437
‘(i) the recipient ceases to possess the legal right to own, operate, or maintain the unit; orCommentsClose CommentsPermalink
‘(ii) the unit is lost to the recipient by conveyance, demolition, or other means.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(D) In this paragraph, the term ‘reasons beyond the control of the recipient’ means, after making reasonable efforts, there remain--CommentsClose CommentsPermalink
‘(i) delays in obtaining or the absence of title status reports;CommentsClose CommentsPermalink
‘(ii) incorrect or inadequate legal descriptions or other legal documentation necessary for conveyance;CommentsClose CommentsPermalink
‘(iii) clouds on title due to probate or intestacy or other court proceedings; orCommentsClose CommentsPermalink
‘(iv) any other legal impediment.CommentsClose CommentsPermalink
‘(E) Subparagraphs (A) through (D) shall not apply to any claim arising from a formula current assisted stock calculation or count involving an Indian housing block grant allocation for any fiscal year through fiscal year 2008, if a civil action relating to the claim is filed by not later than 45 days after the date of enactment of this subparagraph.’.CommentsClose CommentsPermalink
TITLE IV--COMPLIANCE, AUDITS, AND REPORTSCommentsClose CommentsPermalink
SEC. 401. REMEDIES FOR NONCOMPLIANCE.CommentsClose CommentsPermalink
Section 401(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 402. MONITORING OF COMPLIANCE.CommentsClose CommentsPermalink
Section 403(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (
SEC. 403. PERFORMANCE REPORTS.CommentsClose CommentsPermalink
Section 404(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking ‘goals’ and inserting ‘planned activities’; andCommentsClose CommentsPermalink
(B) by adding ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking ‘; and’ at the end and inserting a period; andCommentsClose CommentsPermalink
(3) by striking paragraph (4).CommentsClose CommentsPermalink
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED PROGRAMSCommentsClose CommentsPermalink
SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.CommentsClose CommentsPermalink
(a) In General- Title V of the Native American Housing Assistance and Self-Determination Act of 1996 (
‘SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.CommentsClose CommentsPermalink
‘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 (
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.).’.CommentsClose CommentsPermalink 42 U.S.C. 12721 (b) Conforming Amendment- The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (
note) is amended by inserting after the item relating to section 508 the following:CommentsClose CommentsPermalink 25 U.S.C. 4101
‘Sec. 509. Effect on HOME Investment Partnerships Act.’.CommentsClose CommentsPermalink
TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIESCommentsClose CommentsPermalink
SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES.CommentsClose CommentsPermalink
(a) In General- Title VI of the Native American Housing Assistance and Self-Determination Act of 1996 (
‘SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES.CommentsClose CommentsPermalink
‘(a) Authority-CommentsClose CommentsPermalink
‘(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 (
), are eligible for financing with notes and other obligations guaranteed pursuant to that section.CommentsClose CommentsPermalink 42 U.S.C. 5308 ‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Financial Soundness-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary shall establish underwriting criteria for guarantees under this section, including fees for the guarantees, as the Secretary determines to be necessary to ensure that the program under this section is financially sound.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(d) Terms of Obligations-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the period is more than 20 years; orCommentsClose CommentsPermalink
‘(B) the Secretary determines that the period would cause the guarantee to constitute an unacceptable financial risk.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(f) Security and Repayment-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) to enter into a contract, in a form acceptable to the Secretary, for repayment of notes or other obligations guaranteed under this section;CommentsClose CommentsPermalink
‘(B) to demonstrate that the extent of each issuance and guarantee under this section is within the financial capacity of the Indian tribe; andCommentsClose CommentsPermalink
‘(C) to furnish, at the discretion of the Secretary, such security as the Secretary determines to be appropriate in making the guarantees, including increments in local tax receipts generated by the activities assisted by a guarantee under this section or disposition proceeds from the sale of land or rehabilitated property, except that the security may not include any grant amounts received or for which the issuer may be eligible under title I.CommentsClose CommentsPermalink
‘(2) FULL FAITH AND CREDIT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The full faith and credit of the United States is pledged to the payment of all guarantees made under this section.CommentsClose CommentsPermalink
‘(B) TREATMENT OF GUARANTEES-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(ii) INCONTESTABLE NATURE- The validity of any such a guarantee shall be incontestable in the hands of a holder of the guaranteed obligations.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(h) Limitations on Amount of Guarantees-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 (
)) of guarantees under this section $1,000,000 for each of fiscal years 2009 through 2013.CommentsClose CommentsPermalink 2 U.S.C. 661a ‘(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.CommentsClose CommentsPermalink
‘(4) FISCAL YEAR LIMITATIONS ON INDIAN TRIBES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall monitor the use of guarantees under this section by Indian tribes.CommentsClose CommentsPermalink
‘(B) MODIFICATIONS- If the Secretary determines that 50 percent of the aggregate guarantee authority under paragraph (3) has been committed, the Secretary may--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(ii) request the enactment of legislation increasing the aggregate outstanding limitation on guarantees under this section.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(1) an identification of the extent of the use and the types of projects and activities financed using that authority; andCommentsClose CommentsPermalink
‘(2) an analysis of the effectiveness of the use in carrying out the purposes of this section.CommentsClose CommentsPermalink
‘(j) Termination- The authority of the Secretary under this section to make new guarantees for notes and obligations shall terminate on October 1, 2013.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (
note) is amended by inserting after the item relating to section 605 the following:CommentsClose CommentsPermalink 25 U.S.C. 4101
‘Sec. 606. Demonstration program for guaranteed loans to finance tribal community and economic development activities.’.CommentsClose CommentsPermalink
TITLE VII--FUNDINGCommentsClose CommentsPermalink
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink
(a) Block Grants and Grant Requirements- Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(b) Federal Guarantees for Financing for Tribal Housing Activities- Section 605 of the Native American Housing Assistance and Self-Determination Act of 1996 (
(c) Training and Technical Assistance- Section 703 of the Native American Housing Assistance and Self-Determination Act of 1996 (
TITLE VIII--MISCELLANEOUSCommentsClose CommentsPermalink
SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 802. LIMITATION ON USE OF FUNDS.CommentsClose CommentsPermalink
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 (
SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES OF DIFFERENT SIZES.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
Attest:
Secretary.
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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U.S. Congress - Text of H.R.2786 as Enrolled Bill Native American Housing Assistance and Self-Determination Reauthorization Act of 2007



