69–010 

Calendar No. 526 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–238 

NATIVE AMERICAN HOUSING ASSISTANCE AND SELFDETERMINATION REAUTHORIZATION ACT OF 2007 

DECEMBER 7, 2007.—Ordered to be printed 

Mr. DORGAN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 2062] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 2062) to amend the Native American Housing Assistance and 

Self-Determination Act of 1996 to reauthorize that Act, and for 

other purposes, having considered the same, reports favorably 

thereon with amendments and recommends that the bill, as 

amended, do pass. 

PURPOSE

S. 2062, the Native American Housing Assistance and Self-Determination Reauthorization Act of 2007, would reauthorize the primary Indian housing programs in Indian Country contained in the 

Native American Housing Assistance and Self-Determination Act of 

1996 (NAHASDA) (25 U.S.C. § 4101, et seq.), for five years. S. 2062 

would reauthorize programs in the Department of Housing and 

Urban Development for housing assistance for Native Americans 

and Alaska Natives and allow grant recipients under these programs greater discretion in tailoring their housing programs to 

meet their needs. S. 2062 would also amend NAHASDA to enhance 

the crucial services provided under these programs. S. 2062 emphasizes tribal authority to design, implement, and administer tribal 

housing programs and confirms the federal government’s commitment to furthering tribal self-determination by acknowledging a 

tribe’s right to decide how housing, housing-related infrastructure 

and development are made in its community. 

The bill seeks to clarify existing law while removing unnecessary 

statutory and regulatory burdens. The bill would allow tribes to 


bajohnson on PROD1PC71 with REPORTS
2 

utilize their grant funding in innovative and effective ways to address their distinct housing needs, including the development of essential utilities and basic infrastructure with the ultimate goal of 

creating more homes in Indian Country. 

The purpose of this bill is to reauthorize NAHASDA, which provides Federal assistance for American Indian housing in fulfillment 

of the federal government’s trust responsibility to Indian tribes. 

The primary purpose of NAHASDA was to consolidate multiple 

housing programs into one formula block grant that could be administered by Indian tribes in a manner consistent with the right 

of tribal self-determination and self-governance. Through these 

amendments to NAHASDA, the Committee seeks to reduce unnecessary oversight, statutory, and regulatory burdens and allow 

tribes more flexibility to develop innovative programs to meet their 

housing needs while maintaining adequate federal oversight. Many 

of these changes are supported by both Indian tribes and the Administration. 

In consulting with Indian tribes, the National American Indian 

Housing Council, and the Department of Housing and Urban Development, the Committee consistently heard that NAHASDA was 

working for Indian Country. However, we also heard that refinement was necessary so Indian tribes can maximize the benefits of 

the program, especially given that funding for the programs over 

the last couple of years has failed to keep up with the rate of inflation, resulting in fewer program funds. Suggestions included eliminating unnecessary bureaucracy by allowing tribes to decide when 

they will use their funds for operation and maintenance; housingrelated infrastructure, including utilities; and housing-related community development. 

BACKGROUND

The Native American Housing Assistance and Self-Determination 

Act of 1996 (NAHASDA) (25 U.S.C. § 4101 et seq.) transformed the 

system for providing housing assistance to Indian tribes through 

the Department of Housing and Urban Development (HUD). The 

Act restructured and streamlined HUD’s system of housing assistance to American Indians and Alaska Natives by consolidating several separate HUD grant programs into a single block grant distributed directly to tribes. NAHASDA was signed into law in 1996, 

and was reauthorized in 2002 for five years. 

As part of its unique trust relationship with Indian tribes and individual Indians, the United States has historically provided housing services to Indian people. The Snyder Act of 1921 (25 U.S.C. 

§13) authorized programs for the general support of Indians, including housing assistance. However, a study in the 1960’s revealed that general federal housing programs were not sufficiently 

addressing the housing needs in Indian Country and American Indians were not being served in any meaningful way. The study described a high number of sub-standard and uninhabitable housing 

units in Indian Country. In response to this study, the Public 

Housing Administration determined that Indians on reservations 

and in certain other areas were eligible to participate in the public 

housing programs administered by HUD, pursuant to the United 

States Housing Act of 1937. 


bajohnson on PROD1PC71 with REPORTS
3 

In 1996, Congress determined that there was a need to establish 

a comprehensive Indian housing program designed for the specific 

needs of Indian tribes and individual Indians. The result was the 

passage of NAHASDA. This law consolidated numerous small, competitive grant programs for Indians under one comprehensive block 

grant to be distributed to each tribe. The goal of the law was to 

allow tribes more flexibility to design housing programs that address the unique needs of their communities. The law also allows 

tribes to leverage their future block grants in order to obtain financing for current projects. 

GENERAL PRINCIPLES IN THE REAUTHORIZATION

Self-determination 

Under the federal policy of Indian Self-Determination, tribal control has significantly contributed to improving housing and other 

services for Indian people. Meaningful participation by tribes in administering their own Indian Housing Block Grants and engaging 

in negotiated rulemaking is the principal means of carrying out the 

Indian Self-Determination policy. 

In particular, through the new Self-Determined Housing Activities Program contained in S. 2062, tribes will have increased flexibility to design and modify their housing programs, as well as formulate new ideas, concepts and methodologies to determine how 

their housing programs or services should be delivered to their own 

communities. 

S. 2062 allows tribes to utilize their grant funds without unnecessary HUD approval and requires the Agency to institute negotiated rulemaking whenever the Act is reauthorized, amended or 

enacted. 

Efficiency 

Reporting. Grant recipients and HUD are in agreement that 

some current reporting requirements under NAHASDA are often 

duplicative, unnecessary and burdensome. Therefore S. 2062 eliminates the five-year housing plan, and streamlines the one-year 

housing plan. S. 2062 also allows grant recipients to update their 

original one-year housing plan in subsequent years in lieu of submission of a whole new plan. 

Timeframes for Negotiated Rulemaking. S. 2062 includes timeframes for when HUD must initiate and complete negotiated rulemaking to ensure that regulations implementing amendments to 

NAHASDA are adopted in a timely manner with tribal input. 

Elimination of Unnecessary Administrative Oversight. Importantly, S. 2062 eliminates unnecessary administrative oversight. 

We heard from both Indian tribes and the Administration that 

often times grant recipients are forced to seek HUD approval for 

activities that HUD routinely approves including use of funds for 

operation and maintenance of units, mold remediation, housing-related infrastructure, utilities and housing-related community development. S. 2062 eliminates this unnecessary administrative step. 

The Committee is particularly concerned with the lack of utilities 

and housing-related infrastructure. Construction and rehabilitation 

of homes does not only involve the structure itself but must also 

be accompanied by development of utilities and other infrastrucVerDate Aug 31 2005 02:27 Dec 11, 2007 Jkt 069010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

bajohnson on PROD1PC71 with REPORTS
4 

ture to support the unit. One of the main complaints the Committee has heard from grant recipients is their inability to provide 

these necessary services to support their housing programs, oftentimes resulting in units remaining vacant due to lack of utilities or 

infrastructure. Indian housing differs greatly from public housing 

because it is not usually located in or near urban areas and, therefore, does not have access to necessary utilities and infrastructure. 

Therefore, inclusion of these activities is important to the success 

of Indian housing. 

Allocation of resources 

The Committee recognizes that over the last several years, Indian housing programs under NAHASDA have been significantly 

underfunded, and that funding levels have not kept up with inflation. This problem is especially significant for small tribes that receive minimum funding under the program and are often unable to 

build a single home with their annual block grant funds. 

The shortage of resources has heightened the necessity to accurately determine a tribal grant recipient’s true housing need so 

that funds are allocated to reflect this need. It is the Committee’s 

belief that this issue is best left for resolution by the tribes and 

HUD through negotiated rulemaking. In order to assist with resolution of this issue, S. 2062 includes language that directs the Secretary of HUD to contract with an organization with expertise in 

housing data collection methodologies to assess, in consultation 

with tribes and Indian organizations, assess the existing data 

sources for determining the ‘‘need’’ component of the block grant 

formula. 

The purpose of this study is to provide data to assist in developing a way to truly identify each tribe’s housing needs, including 

those tribes that own little or no land in trust or restricted status, 

but have a demonstrated housing need. NAHASDA was intended 

to provide housing funds to each federally recognized Indian tribe 

and allow each tribe flexibility to determine how best to address 

the housing needs of its members. It is the Committee’s hope that 

the data collected will assist in developing solutions to the various 

problems faced by all tribes. 

SECTION-BY-SECTION ANALYSIS

The provisions of S. 2062 are the result of the Committee’s consultation with Indian tribes, the National American Indian Housing Council, HUD and the National Congress of American Indians. 

The bill reauthorizes NAHASDA for five years and contains 

amendments to allow tribes or their tribally-designated housing authorities (TDHEs) greater discretion in administering their housing 

programs and eliminating unnecessary regulatory burdens. 

Section 1. Short title; table of contents 

Provides the short title to the legislation ‘‘Native American Housing Assistance and Self-Determination Reauthorization Act of 

2007.’’

Section 2. Congressional findings 

Congressional Findings (Amends Section 2 of current law): 

Amends Section 2 of the Act to state that the federal government 


bajohnson on PROD1PC71 with REPORTS
5 

shall work to provide housing assistance and assist in the development of private housing finance mechanisms on Indian lands to 

achieve the goals of economic self-sufficiency and self-determination for tribes and their members in a manner that recognizes the 

right of Indian self-determination and tribal self-governance. Given 

that the housing shortage in Indian Country remains critically 

high, the Committee strongly believes that all must be done to 

solve the severe housing shortage. 

Section 3. Definitions 

Expansion of Definition of Housing Related Community Development (Amends Section 4 of current law): While there is a tremendous need for more homes in Indian Country, there is also a great 

need for community buildings, such as day-care centers, laundromats, and multi-purpose community centers. This amendment 

will allow Indian tribes the flexibility to construct buildings that 

foster a sustainable community and provide multi-purpose communal spaces which are directly and substantially related to providing housing. 

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS

Section 101. Block grants 

Access to Federal Supply Sources (Amends Section 101 of current 

law): This amendment would clarify the ability of tribes to voluntarily access federal sources of supply for goods, materials, services, 

and for lodging, airlines, and other transportation providers in the 

same manner as under the Indian Self-Determination and Education Assistance Act (25 U.S.C. § 450 et seq.). 

Tribal Preference in Employment and Contracting (Amends Section 101 of current law): Currently under NAHASDA, Indian tribes 

are able to institute Indian preference in hiring and contracting; 

however, the Act is unclear whether or not tribal preference is allowed. This amendment will clarify that a tribe may also follow 

tribal preference in contracting and hiring. 

Section 102. Indian housing plans 

Streamlining of Reporting Requirements (Amends Section 102 of 

current law): Currently, an Indian tribe that receives funding must 

submit to HUD both a five-year plan and an annual plan so the 

agency can determine whether grant funds are being utilized to 

meet the goals of the program. Amendments to this section streamline these reporting requirements by eliminating the five-year plan, 

duplicative reporting, and allowing the tribe to align submission of 

its plan to the tribal program year. 

Section 103. Review of plans (Amends Section 103 of current law) 

Conforming amendment allows for limited review of an Indian 

housing plan under the new Self-Determined Housing Activities 

Program created under Section 208 of this bill. 

Section 104. Treatment of program income and labor standards 

Low Income Housing Tax Credit Projects (Amends Section 104(a) 

of current law): This amendment provides that income derived from 

low-income housing tax credit projects, initially funded with 


bajohnson on PROD1PC71 with REPORTS
6 

NAHASDA funds, is not considered ‘‘program income’’ when the income is replacement funding to pay for construction of projects 

funded by the sale of tax credits to a tax credit investor. This technical change will enable grant recipients to use these funds for 

other housing purposes, such as community centers or other investments, without the need for HUD approval. 

Section 105. 

Clarification of Negotiated Rulemaking Requirements (Amends 

Section 106(b)(2) of current law): HUD has failed to institute the 

negotiated rulemaking process in some instances where it was necessary. These amendments seek to clarify that HUD must institute 

negotiated rulemaking within 180 days whenever Congress enacts, 

substantively amends, or reauthorizes NAHASDA. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES

Section 201. National objectives and eligible families 

Inclusion of Rental Housing and Assistance for Essential Families (Amends Section 201(b) of current law): Currently, NAHASDA 

allows grant recipients to provide housing assistance for homeownership activities, loan guarantee activities under Title VI, and 

model activities, to non-Indian, over-income families who are essential to the community, such as doctors, dentists and other professionals. 

In order to be ‘‘essential to the community,’’ the presence of the 

over-income family must be essential to the well-being of Indian 

families and the housing needs of these essential families cannot 

reasonably be met without assistance. This amendment would 

allow over-income families to also occupy rental housing, receive 

tenant-based rental assistance, or receive other forms of affordable 

housing services, in addition to housing assistance currently available to these families. 

Given the isolated locations of many Indian communities, it is 

often difficult to recruit and retain health and other professionals, 

due largely to the unavailability of housing. This amendment seeks 

to assist tribes by allowing them to offer this as a necessary incentive. In particular, the expansion to permit rental assistance for 

such families is appropriate since the families may be present for 

shorter durations. 

Inclusion of Non-Low Income Indian Families in Essential Family Exception (Amends Section 201(b) of current law): Current law 

incorrectly only permits non low-income, non-Indian families to receive housing assistance when they are essential to the Indian community. This amendment would allow Indian doctors, teachers, and 

others to be eligible for the same assistance as a non-Indian professional who is essential to the community. Indian professionals often 

have personal knowledge of Indian communities and a deep commitment to serve these communities long-term. It was not the intent of Congress to exclude Indian families from being considered 

as essential to the community and eligible for assistance under 

NAHASDA in the same way as essential non-Indian families. 

Clarification of Law Enforcement Exception (Amends Section 

201(b) of current law): NAHASDA currently allows a grant recipient to provide housing or housing assistance to law enforcement ofVerDate Aug 31 2005 02:27 Dec 11, 2007 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

bajohnson on PROD1PC71 with REPORTS
7 

ficers. This amendment would clarify that the officer may be employed by local governments as well as federal, state and tribal 

governments. 

Section 202. Eligible affordable housing activities 

Expansion of Affordable Housing Activities (Amends Section 202 

of current law): These amendments would provide a recipient more 

flexibility under NAHASDA by allowing a recipient to utilize funds 

for the operation, maintenance and rehabilitation of rental and 

homeownership units, mold remediation, and necessary housing-related infrastructure, such as much needed utilities, without having 

to seek prior approval from HUD. 

Reserve Accounts (Amends Section 202 of current law): This new 

provision would allow grant recipients to engage in sound financial 

planning by permitting them to keep three months’ worth of administrative and operating expenses in a reserve account. 

Section 203. Program requirements 

Carry-Over Provision (Amends Section 203 of current law): 

Under this new language, grant recipients would be allowed to 

carry over those funds, not committed for use or expended, for subsequent fiscal years. These funds are not subject to the restrictions 

contained in Section 202(9) of the Act. Grant recipients have requested this change, given the nature of construction projects, 

which are often completed in subsequent fiscal years. Exemption for Procurement of Goods and Services under $5,000 

(Amends Section 203 of current law): Current law requires grant 

recipients to solicit competitive bids for the procurement of goods 

and services purchased with grant funding regardless of the cost of 

such goods or services. This amendment would provide a de minimis exception for goods and services under $5,000, thus alleviating 

the administrative burden of soliciting bids for nominal goods and 

services. 

Section 204. Low-income requirement and income targeting 

Period of Affordability (Amends Section 205 of current law): This 

section would amend NAHASDA by adding a new provision to limit 

the requirement for binding commitments to keep the property as 

affordable housing during its useful life (or affordability period) to 

only those units that are owned by a tribe or TDHE. 

This provision addresses the affordability period (or useful life) 

of units owned by a grant recipient. Under current law, all units 

with HUD assistance are required to have an affordability period, 

including homeownership units that are under a lease-purchase 

agreement between the housing entity and the homebuyer. This 

creates a hardship if a homebuyer dies before the lease purchase 

contract is completed, because the unit may not be devised, bequeathed, or inherited by a family member if the family member 

cannot qualify as low-income at the time of the homebuyer’s death. 

The amendment will limit affordability periods to rental and homeownership units owned and operated by a grant recipient, and provide that mandatory affordability periods are not meant to include 

units with lease-purchase agreements where the homebuyer will 

eventually take title to the unit, and other types of units where the 

housing entity’s investment or assistance is limited. 


bajohnson on PROD1PC71 with REPORTS
8 

Section 205. Treatment of funds 

Low Income Tax Credit Program (Adds new Section 206 to current law): An Indian tribe or its TDHE may use Indian Housing 

Block Grant funds for a wide range of affordable housing activities, 

including the provision of project-based or tenant-based rental assistance for eligible families. 

The low-income housing tax credit (LIHTC) program offers a tax 

incentive to promote the development of affordable rental housing. 

This tax credit encourages investment in affordable housing by providing developers with a source of equity investment in return for 

an agreement to keep rents at a level that would be affordable for 

low-income families. The tax credit is allocated competitively to private developers to construct, acquire, or rehabilitate affordable 

rental housing. Given the severe shortage of housing in Indian 

Country, it is necessary to encourage construction, which this 

amendment seeks to accomplish. 

The federal tax credit is allocated over a 10-year period using a 

formula that takes into account certain costs, called the ‘‘eligible 

basis.’’ Generally, federal grants used in a project reduce the eligible basis at a dollar-for-dollar rate. However, the Internal Revenue 

Service (IRS) recognized that certain types of federal rental assistance payments are not federal grants that require a reduction in 

a building’s eligible basis (for example, payments made pursuant to 

section 8 of the United States Housing Act of 1937 (42 U.S.C. 

1437(f)). However, rental assistance provided with Indian Housing 

Block Grant funds has not been recognized by the IRS as assistance that does not reduce the eligible basis. 

Because it was the intent of Congress that IHBG funds achieve 

similar goals as those under the 1937 Act, this amendment would 

ensure that project-based and tenant-based rental assistance provided with IHBG funds would not reduce the eligible basis of a 

building or project, for LIHTC purposes. 

Section 206. Availability of records 

Access to National Crime Information Center for Employment 

Applicants (Amends Section 208(a) of current law): NAHASDA currently allows a grant recipient to access the criminal records of applicants for housing or tenants under the Act. This amendment will 

allow grant recipients to access criminal records for tribal housing 

employees also. Grant recipients have requested this change because often times these employees have access to premises where 

children are present. 

Section 207. Self-Determined Housing Activities for Tribal Communities Program 

Self-Determined Housing Activities (Adds new Sections 231–235 

to current law): This amendment would create a new housing program under NAHASDA that would allow grant recipients greater 

discretion in providing housing, housing-related activities (including utilities and other infrastructure) and housing-related community development. Under the program, a grant recipient who has 

been audit-free for three years may use up to 20% or $2 million of 

its block grant funds for housing and housing-related activities. Reporting requirements and HUD oversight are significantly reduced 

under this program to allow a grant recipient the discretion to use 


bajohnson on PROD1PC71 with REPORTS
9 

a portion of its NAHASDA funds in a manner that is truly self-determined. This program is an important step in recognizing that 

the grant recipient is the best at determining the needs of its community and utilizing its grant funds to meet those unique needs. 

TITLE III—ALLOCATION OF GRANT AMOUNTS

Section 301. Allocation formula 

Study of Need Data (Amends Section 302 of current law): This 

amendment would direct the Secretary of HUD to contract with an 

organization with expertise in housing data collection methodologies to assess, in consultation with tribes and Indian organizations, 

the existing data sources for determining the ‘‘need’’ component of 

the block grant formula. 

Currently, there is disagreement among Indian tribes regarding 

how the ‘‘need’’ component of the formula is calculated. The controversy is over the use of data collected by the Census Bureau 

that is used when calculating each tribe’s ‘‘need’’ portion of the formula. The data gathered by the Census Bureau allows an individual to check multiple categories of race. The self-reported data 

is then categorized as individuals who are ‘‘single race’’ or ‘‘multirace’’. Depending on which category of data is used, a tribe’s funding under the formula can change. It is unlikely that individuals 

know how their decision regarding race will be used in calculating 

the housing needs for their tribe. 

Congress has implemented a short-term remedy to account for an 

individual’s self-identification by directing HUD to calculate the 

need component of the formula based on the category of data that 

gives each tribe the highest amount of funding. However, due to insufficient funding, all tribes have received a cut in their funds. All 

interested parties are unsatisfied with this result, but tribes have 

yet to come to consensus on how to resolve the issue. 

This study is authorized with the hope of providing Indian tribes 

with a tool to resolve this issue and to assist in developing a way 

to truly identify Indian Country’s and individual grant recipients’

housing needs, including those recipients who are landless but 

have a demonstrated housing need. 

Clarification of Units Eligible Under Funding Formula (Amends 

Section 302 of current law): This amendment clarifies that conveyed units or other units no longer owned or operated by a grant 

recipient as affordable housing, including those units the recipient 

no longer has the legal right to own, operate or maintain, may not 

be counted in the funding formula. This not only includes conveyed 

units but those units that are required to be conveyed based on the 

homebuyer agreement; units demolished and not rebuilt within a 

specific time frame; or units no longer being operated as low-income units. Conveyance of each homeownership unit should occur 

as soon as possible after a unit becomes eligible for conveyance 

based on the terms of the Agreement. The recipient has not lost the 

legal right to own, operate or maintain the unit if it has not been 

conveyed for reasons beyond the control of the recipient, as enumerated in the provision. 

A 2001 HUD Office of Inspector General audit report identified 

the need for removal of these ineligible units from the funding formula calculations. In response, the majority of those grant recipiVerDate Aug 31 2005 02:27 Dec 11, 2007 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

bajohnson on PROD1PC71 with REPORTS
10 

ents who had included ineligible units in their count have paid or 

are in the process of paying back these funds. This funding formula 

was developed by Indian tribes through negotiated rulemaking, 

and recently reaffirmed in 2007, to ensure that the funding is allocated based on need. 

TITLE IV—COMPLIANCE, AUDITS, AND REPORTS

Section 401. Remedies for non-compliance 

Clarification on Availability of Administrative Hearing (Amends 

Section 401(a) of current law): Under this amendment, if a grant 

recipient is required to relinquish overpaid funds due to the inclusion of housing units deemed ineligible under Section 301, the action does not constitute substantial non-compliance by the grantee 

and does not automatically trigger a formal administrative hearing 

process. This amendment has been included due to the significant 

amount of time and resources involved in a hearing, which may not 

be necessary when a grant recipient is otherwise in compliance 

with the requirements of the Act. 

Section 402. Monitoring of compliance 

Appropriate Level of Monitoring of Compliance (Amends Section 

403(b) of current law): HUD is authorized under the Act to conduct 

on-site inspections of a grantee’s housing programs and units to assess the program’s compliance with the Act. There is concern that 

some regional HUD offices have been conducting inappropriate and 

costly inspections, while other regional offices fulfill this requirement in an effective and reasonable manner. Given this inconsistency among regions, this amendment would clarify that HUD is 

only to conduct an appropriate level of on-site inspections. 

Section 403. Performance reports (Amends Section 404(b) of current 

law) 

This section makes necessary technical amendments to annual 

reporting requirements. 

TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER

INCORPORATED PROGRAMS

Section 501. Effect on Home Investment Partnerships Act 

Clarification of Eligibility for HOME Program Assistance (Adds 

new Section 509 to current law): This amendment clarifies that 

NAHASDA grant recipients are still eligible for the benefits of the 

HOME Assistance Program administered through states. HOME 

Assistance has the potential to provide a much-needed source of 

funding for Indian housing purposes. 

TITLE VI—GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND

ECONOMIC DEVELOPMENT ACTIVITIES

Section 601. Demonstration program for guaranteed loans to finance Tribal Community and Economic Development Activities 

Expansion of Title VI Demonstration Project (Adds new Section 

606 to current law): Title VI of NAHASDA currently allows grant 

recipients to borrow or issue bond debt up to five times their annual NAHASDA allocation for housing purposes described in the 


bajohnson on PROD1PC71 with REPORTS
11 

Act. This amendment would establish a five-year demonstration 

program which would allow grant recipients to access vital economic development and infrastructure programs, while requiring 

that NAHASDA funds remain for their original intended housing 

purposes. 

TITLE VII—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Section 701. Training and technical assistance (Amends Section 703 

of current law) 

Reauthorizes such sums as necessary for a national non-profit Indian organization that represents the interests of Indian tribes, Indian housing authorities, and tribally designated housing entities 

throughout the United States, to provide training and technical assistance. In order to receive such funds, the organization must have 

at least 30 years of experience in representing the housing interests of Indian tribes and tribal housing entities throughout the 

United States. 

TITLE VIII—FUNDING

Section 801. Authorization of appropriations (Amends Sections 108, 

605, 703 of current law) 

Reauthorizes NAHASDA from FY2008 through FY2012 by 

amending Sections 108, 605, 703 of the Act. 

Section 802. Funding conforming amendments 

Methamphetamine use has reached epidemic levels in Indian 

Country and has negatively impacted tribal communities. The primary purpose of this provision is to authorize funding for methamphetamine remediation in tribal housing. 

LEGISLATIVE HISTORY

On September 18, 2007, Senators Dorgan, Reid, Murkowski, 

Inouye, Johnson, Cantwell, Tester, Bingaman, and Domenici introduced S. 2062, the Native American Housing Assistance and SelfDetermination Reauthorization Act of 2007. Senator Stabenow was 

added as a co-sponsor on October 29, 2007. 

Hearings were held preceding introduction on March 22, 2007 

and July 19, 2007. The Committee held an open business meeting 

on September 27, 2007, at which it voted to favorably report S. 

2062 to the full Senate with a recommendation that the bill do 

pass. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

On September 27, 2007, the Committee on Indian Affairs convened a business meeting to consider S. 2062 and other measures, 

and voted to have the bill favorably reported to the full Senate, 

without amendment, with recommendation that the bill do pass. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated October 24, 2007, was prepared for S. 2062: 


bajohnson on PROD1PC71 with REPORTS
12 

S. 2062—Native American Housing Assistance and Self-Determination Reauthorization Act of 2007 

Summary: S. 2062 would reauthorize the Native American Block 

Grant program and would authorize the appropriation of such 

sums as are necessary for that program for each of fiscal years 

2008 through 2012. In addition, the bill would reauthorize the loan 

program under Title VI of the Native American Housing Assistance 

and Self-Determination Act of 1996 for fiscal years 2008 through 

2012, and authorize a new loan guarantee demonstration program 

to finance tribal community and economic development activities. 

CBO estimates that implementing S. 2062 would cost about $2.2 

billion over the 2008–2012 period, assuming the appropriation of 

the necessary amounts. 

The Joint Committee on Taxation (JCT) estimates that enacting S. 2062 would reduce revenues by $1 million over the 2008–2012 

period and by $6 million over the next 10 years by changing how 

Native American Block Grant funds are treated when awarding 

Low Income Housing Credits. In addition, CBO estimates that the 

bill would increase direct spending by less than $500,000 per year 

by allowing the Treasury Forfeiture Fund to be used to make payments to Indian tribes to cover costs to clean up areas used as 

methamphetamine laboratories. 

S. 2062 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2062 is shown in Table 1. The costs of this legislation fall within budget functions 450 (community and regional development) and 600 (income security). 

Basis of estimate: For this estimate, CBO assumes that S. 2062 

will be enacted by the end of calendar year 2007, that the amounts 

necessary to implement the bill will be appropriated for each year, 

and that outlays will follow historical patterns. Components of the 

estimated costs are described below. 

Spending subject to appropriation 

In total, CBO estimates that S. 2062 would authorize the appro- priation of $639 million in 2008 and $3.3 billion over the 2008– 2012 period. Appropriation of those amounts would result in estimated outlays of $2.2 billion over the next five years. 

Native American Housing Block Grants. Section 801 would authorize the appropriation of such sums as are necessary for the Native American Housing Block Grant program from 2008 through 

2012. The block grant program provides funding to tribes to acquire, construct, rehabilitate, or manage affordable housing for Native American families with low incomes. In 2007, $622 million was 

appropriated for this program. Assuming continued funding at that 

level after adjusting for anticipated inflation, CBO estimates that 

implementing this section would cost $2.2 billion over the 2008–

2012 period. 

Title VI Loan Guarantees. Section 801 would extend the authorization of the Title VI loan guarantee program through 2012. Such 

guarantees allow Native American Block Grant recipients to leverage their funding by pledging future grants as security for the repayment of a loan. A private lender provides the financing and the 

Department of Housing and Urban Development (HUD) provides a 


bajohnson on PROD1PC71 with REPORTS
13 

95 percent guarantee of the principal and interest due in the case 

of a default. The size of the Title VI loans can be no larger than 

five times the grant recipient’s annual grant amount. HUD estimates this program currently has a subsidy rate of about 12 percent. In 2007, the program received an appropriation for subsidy 

costs of $2 million, which will support about $17 million in loans. 

Assuming appropriation of similar amounts, CBO estimates that 

implementing this section would cost $10 million for additional 

subsidy costs through 2012. 

TABLE 1.—ESTIMATED BUDGETARY EFFECTS OF S. 2062 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 1

Native American Housing Block Grants: 

Estimated Authorization Level ......................................... 634 645 657 669 680 

Estimated Outlays ............................................................ 231 362 459 541 616 

Title VI Loan Guarantees: 

Estimated Authorization Level ......................................... 2 2 2 2 2 

Estimated Outlays ............................................................ 2 2 2 2 2 

Training and Technical Assistance: 

Estimated Authorization Level ......................................... 1 1 1 1 1 

Estimated Outlays ............................................................ 1 1 1 1 1 

Loan Guarantee Demonstration: 

Estimated Authorization Level ......................................... 1 1 1 1 1 

Estimated Outlays ............................................................ 0 1 1 1 1 

Study of Need: 

Estimated Authorization Level ......................................... 1 0 0 0 0 

Estimated Outlays ............................................................ 1 0 0 0 0 

Total Changes: 

Estimated Authorization Level ................................ 639 649 661 673 684 

Estimated Outlays ................................................... 235 366 463 545 620 

1 Enacting the bill also would affect revenues and direct spending. According to the Joint Committee on Taxation, revenues would decline 

by $1 million over the 2008–2012 period and $6 million over the 2008–2017 period as shown in Table 2. Direct spending would increase 

under the bill by less than $500,000 each year over the 10-year period. 

There have been few losses to date in the Title VI program; however, repayment of these loans have been funded by federal grants. 

As a result, the actual cost to the government is borne by the grant 

program. It is uncertain what the cost of these loans would be in 

the absence of the grant program, but it likely would be higher, 

perhaps substantially. 

Training and Technical Assistance. Section 701 would authorize 

the appropriation of such sums as necessary for the 2008–2012 period to fund a national organization that represents the housing interests of Native Americans to provide training and technical assistance to Indian housing authorities. Such assistance is intended 

to build the housing authorities’ capacity to administer housing 

programs in accordance with federal regulations. In 2006, the most 

recent year in which funds were provided, $1 million was appropriated to be used by the National American Indian Housing Council for these purposes. Assuming appropriation of similar amounts, 

CBO estimates that implementing this section would cost $5 million through 2012. 

Loan Guarantee Demonstration. Title VI of the bill would establish a pilot program within HUD to guarantee 95 percent of the 

value of loans or bonds issued by Indian tribes and other entities 

for certain economic development purposes. Eligible projects would 

include acquiring and rehabilitating improved or unimproved propVerDate Aug 31 2005 02:27 Dec 11, 2007 Jkt 069010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

bajohnson on PROD1PC71 with REPORTS
14 

erty, constructing and rehabilitating housing, and assisting private 

entities engaged in neighborhood revitalization, job-creation, and 

other economic development activities. 

The bill would authorize the appropriation of such sums as are 

necessary for the subsidy cost of guaranteeing up to $200 million 

in borrowing per year (with no more than $1 billion outstanding at 

any given time). CBO estimates this new loan guarantee program 

would have a 2 percent to 3 percent subsidy cost. That estimate is 

based on historical data for comparable HUD programs, such as 

the Indian and Native Hawaiian Housing Loan Guarantee programs and the Section 108 guarantee program. Those programs require borrowers to secure debt with local tax receipts or funds received from federal grant programs. Under H.R. 2786, each borrower would be charged a fee to fully offset the subsidy cost of its 

loan guarantee—resulting in no significant net cost to the federal 

government. 

Based on expected demand and historical spending patterns of 

similar programs, CBO estimates that administering this new program would cost about $4 million over the 2008–2012 period, subject to appropriation of the necessary amounts. 

Study of Need Data. Section 301 would require the HUD to enter 

into contract for an assessment of data sources that could be used 

to assist in the allocation of grant funding to Native American 

tribes and authorize the appropriation of such sums as are necessary for that purpose. Based on information provided by HUD 

and assuming the availability of appropriated funds, CBO estimates that implementing this provision would cost $1 million in 

2008. 

Revenues 

Section 205 would not allow rental assistance provided through 

the Native American Block Grant program to be considered as federal funds for purposes of the Low Income Housing Credit under 

section 42 of the Internal Revenue Code of 1986. By not counting 

rental assistance as federal funds, housing entities would be eligible to receive larger tax credits. The JCT estimates that revenue 

would decline by $1 million over the 2008–2012 period and by $6 

million over the 2008–2017 period as shown in Table 2. 

TABLE 2.—ESTIMATED CHANGES IN REVENUES UNDER S. 2062 

By fiscal year, in millions of dollars—

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2008–

2012 

2008–

2017 

CHANGES IN REVENUES 

Estimated 

Revenues * * * * * * ¥1 ¥1 ¥1 ¥1 ¥1 ¥6 

Note: * = revenue loss between 0 and ¥$500,000. 

Direct spending 

S. 2062 would permit the Secretary of Treasury to use the Treasury Forfeiture Fund to make payments to Indian tribes to cover 

costs to clean up areas used as methamphetamine laboratories. Because only a small number of sites on Indian reservations have 


bajohnson on PROD1PC71 with REPORTS
15 

been cleaned, CBO estimates that this provision would cost less 

than $500,000 annually. 

Intergovernmental and private-sector impact: S. 2062 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

Grants authorized in the bill would benefit tribal governments that 

participate in housing assistance programs. Any costs to those governments of complying with grant conditions would be incurred voluntarily. 

Previous CBO estimates: On October 17, 2007, CBO transmitted 

a cost estimate for H.R. 2786, the Native American Housing Assistance and Self-Determination Reauthorization Act of 2007, as 

passed by the House of Representatives on September 6, 2007. S. 

2062 is similar to the House-passed bill except that S. 2062 would 

not reauthorize the Native Hawaiian Block Grant program and 

would authorize appropriations for a data collection study. CBO’s 

estimate of spending subject to appropriation for S. 2062 is $23 

million less than estimated for H.R. 2786 over the 2008–2012 period. In addition, H.R. 2786 would not affect direct spending or revenues. However, JCT estimates that S. 2062 would reduce revenues by $1 million over the 2008–2012 period and by $6 million 

over the next 10 years and CBO estimates that it would increase 

direct spending by less than $500,000 per year. 

On September 6, 2007, CBO transmitted a cost estimate for H.R. 

3002, the Native American Economic Development and Infrastructure for Housing Act of 2007, as ordered reported by the House 

Committee on Financial Services on July 26, 2007. H.R. 3002 

would establish a pilot program to guarantee loans or bonds issued 

by Indian tribes for certain economic development purposes. Title 

VI of S. 2062 is similar to H.R. 3002 and the estimated costs are 

identical. 

Estimate prepared by: Federal spending: Chad Chirico, Daniel 

Hoople, and Mark Grabowicz. Federal revenues: Thomas Hohmann, 

Joint Committee on Taxation Impact on state, local, and tribal governments: Lisa Ramirez-Branum. Impact on the private sector: 

Keisuke Nakagawa. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

EXECUTIVE COMMUNICATIONS

The Committee has received no written communications from the 

Executive Branch regarding S. 2062. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill evaluate the regulatory and paperwork impact that would be incurred in carrying 

out the bill. The Committee has concluded that the regulatory and 

paperwork impacts of S. 2062 should be de minimis. 

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

2062, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new language to 


bajohnson on PROD1PC71 with REPORTS
16 

be added in italic, existing law to which no change is proposed is 

shown in roman): 

NATIVE AMERICAN HOUSING ASSISTANCE 

AND SELF-DETERMINATION ACT OF 1996 

25 U.S.C. § 4101 et seq. 

* * * * * * * 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Native American Housing Assistance and Self-Determination Act of 1996’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Congressional findings. 

Sec. 3. Administration through Office of Native American Programs. 

Sec. 4. Definitions. 

* * * * * * * 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Subtitle A—General Block Grant Program 

Sec. 201. National objectives and eligible families. 

Sec. 202. Eligible affordable housing activities. 

Sec. 203. Program requirements. 

Sec. 204. Types of investments. 

Sec. 205. Low-income requirement and income targeting. 

Sec. 206. Treatment of funds. 

Sec. 207. Lease requirements and tenant selection. 

Sec. 208. Availability of records. 

Sec. 209. Noncompliance with affordable housing requirement. 

Sec. 210. Continued use of amounts for affordable housing. 

Subtitle B—Self-Determined Housing Activities for Tribal Communities 

Sec. 231. Purpose. 

Sec. 232. Program authority. 

Sec. 233. Use of amounts for housing activities. 

Sec. 234. Inapplicability of other provisions. 

Sec. 235. Review and report. 

* * * * * * * 

TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER 

INCORPORATED PROGRAMS 

Sec. 501. Repeal of provisions relating to Indian housing assistance under United 

States Housing Act of 1937. 

Sec. 502. Termination of Indian housing assistance under United States Housing 

Act of 1937. 

Sec. 503. Termination of new commitments for rental assistance. 

Sec. 504. Termination of Youthbuild program assistance. 

Sec. 505. Termination of HOME program assistance. 

Sec. 506. Termination of housing assistance for the homeless. 

Sec. 507. Savings provision. 

Sec. 508. Effective date. 

Sec. 509. Effect of HOME Investment Partnerships Act. 

TITLE VI—FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING 

ACTIVITIES 

Sec. 601. Authority and requirements. 

Sec. 602. Security and repayment. 

Sec. 603. Payment of interest. 

Sec. 604. Training and information. 


bajohnson on PROD1PC71 with REPORTS
17 

Sec. 605. Limitations on amount of guarantees. 

Sec. 606. øEffective date.¿ Demonstration program for guaranteed loans to finance 

tribal community and economic development activities. 

* * * * * * * 

SEC. 2. CONGRESSIONAL FINDINGS. 

* * * * * * * 

(6) the need for affordable homes in safe and healthy environments on Indian reservations, in Indian communities, and 

in Native Alaskan villages is acute and the Federal Government øshould¿ shall work not only to provide housing assistance, but also, to the extent practicable, to assist in the development of private housing finance mechanisms on Indian lands 

to achieve the goals of economic self-sufficiency and self-determination for tribes and their members; and 

(7) Federal assistance to meet these responsibilities øshould¿ 

shall be provided in a manner that recognizes the right of Indian self-determination and tribal self-governance by making 

such assistance available directly to the Indian tribes or tribally designated entities under authorities similar to those accorded Indian tribes in Public Law 93–638 (25 U.S.C. 450 et 

seq.). 

* * * * * * * 

SEC. 4. DEFINITIONS. 

For purposes of this Act, the following definitions shall apply: 

* * * * * * * 

(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 tribes 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 its 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. 2710 et seq.). 

ø(8)¿ (9) INCOME.—The term ‘income’ means income from all 

sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, except that 

the following amounts may not be considered as income under 

this paragraph: 

(A) Any amounts not actually received by the family. 

(B) Any amounts that would be eligible for exclusion 

under section 1613(a)(7) of the Social Security Act. 


bajohnson on PROD1PC71 with REPORTS
18 

ø(9)¿ (10) INDIAN.—The term ‘Indian’ means any person who 

is a member of an Indian tribe. 

ø(10)¿ (11) INDIAN AREA.—The term ‘Indian area’ means the 

area within which an Indian tribe or a tribally designated 

housing entity, as authorized by 1 or more Indian tribes, provides assistance under this Act for affordable housing. 

ø(11)¿ (12) INDIAN HOUSING PLAN.—The term ‘Indian housing 

plan’ means a plan under section 102. 

ø(12)¿ (13) INDIAN TRIBE.—

(A) IN GENERAL.—The term ‘Indian tribe’ means a tribe 

that is a federally recognized tribe or a State recognized 

tribe. 

(B) FEDERALLY RECOGNIZED TRIBE.—The term ‘federally 

recognized tribe’ means any Indian tribe, band, nation, or 

other organized group or community of Indians, including 

any Alaska Native village or regional or village corporation 

as defined in or established pursuant to the Alaska Native 

Claims Settlement Act, that is recognized as eligible for 

the special programs and services provided by the United 

States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act of 1975. 

(C) STATE RECOGNIZED TRIBE.—

(i) IN GENERAL.—The term ‘State recognized tribe 

means any tribe, band, nation, pueblo, village, or community—

(I) that has been recognized as an Indian tribe 

by any State; and 

(II) for which an Indian Housing Authority has, 

before the effective date under section 705, entered into a contract with the Secretary pursuant 

to the United States Housing Act of 1937 for housing for Indian families and has received funding 

pursuant to such contract within the 5-year period 

ending upon such effective date. 

(ii) CONDITIONS.—Notwithstanding clause (i)—

(I) the allocation formula under section 302 

shall be determined for a State recognized tribe 

under tribal membership eligibility criteria in existence on the date of the enactment of this Act; 

and 

(II) nothing in this paragraph shall be construed 

to confer upon a State recognized tribe any rights, 

privileges, responsibilities, or obligations otherwise accorded groups recognized as Indian tribes 

by the United States for other purposes. 

ø(13)¿ (14) LOW-INCOME FAMILY.—The term ‘low-income family’ means a family whose income does not exceed 80 percent 

of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except 

that the Secretary may, for purposes of this paragraph, establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the findings of the Secretary 

or the agency that such variations are necessary because of 


bajohnson on PROD1PC71 with REPORTS
19 

prevailing levels of construction costs or unusually high or low 

family incomes. 

ø(14)¿ (15) MEDIAN INCOME.—The term ‘median income’ means, with respect to an area that is an Indian area, the 

greater of— (A) the median income for the Indian area, which the 

Secretary shall determine; or 

(B) the median income for the United States. 

ø(15)¿ (16) NEAR-ELDERLY PERSON.—The term ‘near-elderly 

person’ means a person who is at least 55 years of age and less 

than 62 years of age. 

ø(16)¿ (17) NONPROFIT.—The term ‘nonprofit’ means, with 

respect to an organization, association, corporation, or other 

entity, that no part of the net earnings of the entity inures to 

the benefit of any member, founder, contributor, or individual. 

ø(17)¿ (18) PERSON WITH DISABILITIES.—The term ‘person 

with disabilities’ means a person who—

(A) has a disability as defined in section 223 of the Social Security Act; 

(B) is determined, pursuant to regulations issued by the 

Secretary, to have a physical, mental, or emotional impairment which—

(i) is expected to be of long-continued and indefinite 

duration; 

(ii) substantially impedes his or her ability to live 

independently; and 

(iii) is of such a nature that such ability could be improved by more suitable housing conditions; or 

(C) has a developmental disability as defined in section 

102 of the Developmental Disabilities Assistance and Bill 

of Rights Act. 

Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from 

the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered a person with disabilities, for purposes of eligibility for 

housing assisted under this Act, solely on the basis of any drug or 

alcohol dependence. The Secretary shall consult with other appropriate Federal agencies to implement the preceding sentence. 

ø(18)¿ (19) RECIPIENT.—The term ‘recipient’ means an Indian tribe or the entity for one or more Indian tribes that is 

authorized to receive grant amounts under this Act on behalf 

of the tribe or tribes. 

ø(19)¿ (20) SECRETARY.—Except as otherwise specifically provided in this Act, the term ‘Secretary’ means the Secretary of 

Housing and Urban Development. 

ø(20)¿ (21) STATE.—The term ‘State’ means the States of the 

United States, the District of Columbia, the Commonwealth of 

Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any 

other territory or possession of the United States and Indian 

tribes. 

ø(21)¿ (22) TRIBALLY DESIGNATED HOUSING ENTITY.—The 

terms ‘tribally designated housing entity’ and ‘housing entity’

have the following meaning: 


bajohnson on PROD1PC71 with REPORTS
20 

(A) EXISTING IHA’S.—With respect to any Indian tribe 

that has not taken action under subparagraph (B), and for 

which an Indian housing authority— (i) was established for purposes of the United States 

Housing Act of 1937 before the date of the enactment 

of this Act that meets the requirements under the 

United States Housing Act of 1937, 

(ii) is acting upon such date of enactment as the Indian housing authority for the tribe, and 

(iii) is not an Indian tribe for purposes of this Act, 

the terms mean such Indian housing authority. 

(B) OTHER ENTITIES.—With respect to any Indian tribe 

that, pursuant to this Act, authorizes an entity other than 

the tribal government to receive grant amounts and provide assistance under this Act for affordable housing for 

Indians, which entity is established— (i) by exercise of the power of self-government of one 

or more Indian tribes independent of State law, or 

(ii) by operation of State law providing specifically 

for housing authorities or housing entities for Indians, 

including regional housing authorities in the State of 

Alaska, 

the terms mean such entity. 

(C) ESTABLISHMENT.—A tribally designated housing entity may be authorized or established by one or more Indian 

tribes to act on behalf of each such tribe authorizing or establishing the housing entity. 

ø(22)¿ (23) HOUSING RELATED COMMUNITY DEVELOPMENT.— (A) IN GENERAL.—The term ‘housing related community 

development’ means any tribally-owned and operated facility, business, activity, or infrastructure that— (i) is necessary to the direct construction of reservation housing; and 

(ii) would help an Indian tribe or its tribally-designated housing authority reduce the cost of construction of Indian housing or otherwise promote the findings 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. 2710 et seq.). 

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 

SEC. 101. BLOCK GRANTS. 

(a) AUTHORITY.—øFor each¿ 

(1) IN GENERAL.—For each fiscal year, the Secretary shall (to 

the extent amounts are made available to carry out this Act) 

make grants under this section on behalf of Indian øtribes to 

carry out affordable housing activities¿ tribes— (A) to carry out affordable housing activities under subtitle A of title II; and 

(B) to carry out self-determined housing activities for 

tribal communities programs under subtitle B of that title 

(2) øUnder¿ PROVISION OF AMOUNTS.—Under such a grant 

on behalf of an Indian tribe, the Secretary shall provide the 


bajohnson on PROD1PC71 with REPORTS
21 

grant amounts for the tribe directly to the recipient for the 

tribe. 

* * * * * * * 

(g) USE FOR AFFORDABLE HOUSING ACTIVITIES UNDER PLAN.—Except as provided in subsection (h) of this section and subtitle B of 

title II, amounts provided under a grant under this section may be 

used only for affordable housing activities under title II that are 

consistent with an Indian housing plan approved under section 

103. 

* * * * * * * 

(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. 

(a) PLAN SUBMISSION.—The Secretary shall provide— ø(1) (A) for an Indian tribe to submit to the Secretary, for 

each fiscal year, a housing plan under this section for the tribe; 

or¿ (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 

(B) for the tribally designated housing entity for the tribe to 

submit the plan as provided in øsubsection (d)¿ subsection (c) 

for the tribe; and 

(2) for the review of such plans. 

ø(b) 5-YEAR PLAN.—Each housing plan under this section shall 

be in a form prescribed by the Secretary and shall contain, with respect to the 5-year period beginning with the fiscal year for which 

the plan is submitted, the following information: 

(1) MISSION STATEMENT.—A general statement of the mission 

of the Indian tribe to serve the needs of the low-income families in the jurisdiction of the Indian tribe during the period. 

(2) GOALS AND OBJECTIVES.—A statement of the goals and 

objectives of the Indian tribe to enable the tribe to serve the 

needs identified in paragraph (1) during the period. 

(3) ACTIVITIES PLAN.—An overview of the activities planned 

during the period including an analysis of the manner in which 

the activities will enable the tribe to meet its mission, goals, 

and objectives. 


bajohnson on PROD1PC71 with REPORTS
22 

(c) 1-YEAR PLAN.—A housing plan under this section for an Indian tribe shall be in a form prescribed by the Secretary and contain the following information relating to the upcoming fiscal year 

for which the assistance under this Act is to be made available: 

(1) GOALS AND OBJECTIVES.—A statement of the goals and 

objectives to be accomplished during that period. 

(2) 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 such needs will be 

addressed during the period, including—

(A) 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 

(B) a description of the estimated housing needs for all 

Indian families in the jurisdiction. 

(3) FINANCIAL RESOURCES.—An operating budget for the recipient, in a form prescribed by the Secretary, that includes—

(A) an identification and a 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 

(B) the uses to which such resources will be committed, 

including eligible and required affordable housing activities under title II and administrative expenses. 

(4) AFFORDABLE HOUSING RESOURCES.—A statement of the 

affordable housing resources currently available and to be 

made available during the period, including—

(A) a description of the significant characteristics of the 

housing market in the jurisdiction, including the availability of housing from other public sources, private market housing, and the manner in which such characteristics 

influence the decision of the recipient to use grant 

amounts to be provided under this Act for rental assistance, production of new units, acquisition of existing units, 

or rehabilitation of units; 

(B) a description of the structure, coordination, and 

means of cooperation between the recipient and any other 

governmental entities in the development, submission, or 

implementation of housing plans, including a description of 

the involvement of private, public, and nonprofit organizations and institutions, and the use of loan guarantees 

under section 184 of the Housing and Community Development Act of 1992, and other housing assistance provided 

by the Federal Government for Indian tribes, including 

loans, grants, and mortgage insurance; 

(C) a description of the manner in which the plan will 

address the needs identified pursuant to paragraph (2); 

(D) 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 


bajohnson on PROD1PC71 with REPORTS
23 

contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937; 

(E) a description of any existing and anticipated homeownership programs and rental programs to be carried out 

during the period, and the requirements and assistance 

available under such programs; 

(F) a description of any existing and anticipated housing 

rehabilitation programs necessary to ensure the long-term 

viability of the housing to be carried out during the period, 

and the requirements and assistance available under such 

programs; 

(G) a description of all other existing or anticipated 

housing assistance provided by the recipient during the period, including transitional housing, homeless housing, college housing, supportive services housing, and the requirements and assistance available under such programs; 

(H) a description of any housing to be demolished or disposed of, a timetable for such demolition or disposition, 

and any other information required by the Secretary with 

respect to such demolition or disposition; 

(I) a description of the manner in which the recipient 

will coordinate with tribal and State welfare agencies to 

ensure that residents of such housing will be provided with 

access to resources to assist in obtaining employment and 

achieving self-sufficiency; 

(J) a description of the requirements established by the 

recipient to promote the safety of residents of such housing, facilitate the undertaking of crime prevention measures, allow resident input and involvement, including the 

establishment of resident organizations, and allow for the 

coordination of crime prevention activities between the recipient and tribal and local law enforcement officials; and 

(K) a description of the entity that will carry out the activities under the plan, including the organizational capacity and key personnel of the entity. 

(5) CERTIFICATION OF COMPLIANCE.—Evidence of compliance 

which shall include, as appropriate—

(A) a certification that the recipient will comply with 

title II of the Civil Rights Act of 1968 in carrying out this 

Act, to the extent that such title is applicable, and other 

applicable Federal statutes; 

(B) 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 

may be established by the Secretary; 

(C) 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; 

(D) a certification that policies are in effect and are 

available for review by the Secretary and the public governing rents charged, including the methods by which such 


bajohnson on PROD1PC71 with REPORTS
24 

rents or homebuyer payments are determined, for housing 

assisted with grant amounts provided under this Act; and 

(E) 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. 

(6) CERTAIN FAMILIES.—With respect to assistance provided 

under section 201(b)(2) by a recipient to Indian families that 

are not low-income families, evidence that there is a need for 

housing for each such family during that period that cannot 

reasonably be met without such assistance.¿ 

(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; 

(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—


bajohnson on PROD1PC71 with REPORTS
25 

(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 

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). 

ø(d)¿ (c) PARTICIPATION OF TRIBALLY DESIGNATED HOUSING ENTITY.—A plan under this section for an Indian tribe may be prepared 

and submitted on behalf of the tribe by the tribally designated 

housing entity for the tribe, but only if such plan contains a certification by the recognized tribal government of the grant beneficiary 

that such tribe—

(1) has had an opportunity to review the plan and has authorized the submission of the plan by the housing entity; or 

(2) has delegated to such tribally designated housing entity 

the authority to submit a plan on behalf of the tribe without 

prior review by the tribe. 

ø(e)¿ (d) COORDINATION OF PLANS.—A plan under this section 

may cover more than 1 Indian tribe, but only if the certification requirements under øsubsection (d)¿ subsection (c) are complied with 

by each such grant beneficiary covered. 


bajohnson on PROD1PC71 with REPORTS
26 

ø(f)¿ (e) REGULATIONS.—The requirements relating to the contents of plans under this section shall be established by regulation, 

pursuant to section 106. 

SEC. 103. REVIEW OF PLANS. 

* * * * * * * 

(d) UPDATES TO PLAN.—After a plan under section 102 has been 

submitted for an Indian tribe for any øfiscal¿ tribal program year, 

the tribe may comply with the provisions of such section for any 

succeeding øfiscal¿ tribal program year ø(with respect to information included for the 5-year period under section 102(b) or the 1- 

year period under section 102(c))¿ by submitting only such information regarding such changes as may be necessary to update the 

plan previously submitted. øNot less than once every 5 years, the 

tribe shall submit a complete plan.¿ 

ø(e) EFFECTIVE DATE.—This section and section 102 shall take effect on the date provided by the Secretary pursuant to section 

106(a) to provide for timely submission and review of Indian housing plans as necessary for the provision of assistance under this 

Act in fiscal year 1998.¿ (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. 

(a) PROGRAM INCOME.— (1) AUTHORITY TO RETAIN.—Notwithstanding any other provision of this Act, a recipient may retain any program income 

that is realized from any grant amounts under this Act if— (A) such income was realized after the initial disbursement of the grant amounts received by the recipient; and 

(B) the recipient has agreed that it will utilize such income for housing related activities in accordance with this 

Act. 

(2) PROHIBITION OF RESTRICTED ACCESS OR REDUCTION OF

GRANT.—The Secretary may not restrict access to or reduce the 

grant amount for any Indian tribe based solely on—

(A) whether the recipient for the tribe retains program 

income under paragraph (1); 

(B) the amount of any such program income retained; 

(C) whether the recipient retains reserve amounts described in section 210, or 

(D) whether the recipient has expended retained program income for housing-related activities. 

(3) EXCLUSION OF AMOUNTS.—The Secretary may, by regulation, exclude from consideration as program income any 

amounts determined to be so small that compliance with the 

requirements of this subsection would create an unreasonable 

administrative burden on the recipient. 

(4) EXCLUSION FROM PROGRAM INCOME OF REGULAR DEVELOPER’S FEES FOR LOW-INCOME HOUSING TAX CREDIT


bajohnson on PROD1PC71 with REPORTS
27 

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. 

* * * * * * * 

SEC. 106. REGULATIONS. 

* * * * * * * 

(b) FINAL REGULATIONS.— (1) TIMING.—The Secretary shall issue final regulations necessary to carry out this Act not later than September 1, 1997, 

and such regulations shall take effect not later than the effective date of this Act. 

(2) NEGOTIATED RULEMAKING PROCEDURE.— (A) IN GENERAL.—Notwithstanding sections 563(a) and 

565(a) of title 5, United States Code, all regulations required under this Act, including any regulations that may 

be required pursuant to amendments made to this Act 

after the date of enactment of this Act, shall be issued according to a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5, United States Code. 

(B) COMMITTEE.— (i) IN GENERAL.—øThe Secretary¿Not later than 180 

days after the date of enactment of the Native American Housing Assistance and Self- Determination Reauthorization Act of 2007 and any other Act to reauthorize this Act, the Secretary shall establish a negotiated rulemaking committee, in accordance with the 

procedures under that subchapter, for the development of proposed regulations under subparagraph (A). 

(ii) ADAPTATION.—In establishing the negotiated 

rulemaking committee, the Secretary shall— (I) adapt the procedures under the subchapter 

described in clause (i) to the unique governmentto-government relationship between the Indian 

tribes and the United States, and shall ensure 

that the membership of the committee include 

only representatives of the Federal Government 

and of geographically diverse small, medium, and 

large Indian tribes; and 

(II) shall not preclude the participation of tribally designated housing entities should tribes elect 

to be represented by such entities. 

(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 

2007 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 


bajohnson on PROD1PC71 with REPORTS
28 

the Native American Housing Assistance and Self-Determination Reauthorization Act of 2007 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. 

(c) EFFECTIVE DATE.—This section shall take effect on the date 

of the enactment of this Act. 

* * * * * * * 

SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for grants under this 

title such sums as may be necessary for each of fiscal years ø1998 

through 2007¿ 2008 through 2012. This section shall take effect on 

the date of the enactment of this Act. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Subtitle A—General Block Grant Program 

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

* * * * * * * 

(b) ELIGIBLE FAMILIES.—

(1) IN GENERAL.—Except as provided under paragraphs (2) 

and (4), and except with respect to loan guarantees under title 

VI, assistance under eligible housing activities under this Act 

shall be limited to low-income Indian families on Indian reservations and other Indian areas. 

(2) øEXCEPTION TO LOW-INCOME REQUIREMENT.—A recipient 

may provide assistance for homeownership activities under section 202(2), model activities under section 202(6), or loan guarantee activities under title VI to Indian families who are not 

low-income families, to the extent that the Secretary approves 

the activities pursuant to such section or title because there is 

a need for housing for such families that cannot reasonably be 

met without such assistance.¿ (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. øThe Secretary¿ (B) LIMITS.—The Secretary shall establish limits on the amount of assistance that may be provided 

under this Act for activities for families who are not low-income 

families. 

(3) øNON-INDIAN¿ ESSENTIAL FAMILIES.—Notwithstanding 

paragraph (1), a recipient may provide housing or housing assistance provided through affordable housing activities assisted 

with grant amounts under this Act for a ønon-Indian family¿ 

family on an Indian reservation or other Indian area if the recipient determines that the presence of the family on the Indian reservation or other Indian area is essential to the wellVerDate Aug 31 2005 02:27 Dec 11, 2007 Jkt 069010 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\SR238.XXX SR238

bajohnson on PROD1PC71 with REPORTS
29 

being of Indian families and the need for housing for the family cannot reasonably be met without such assistance. 

(4) LAW ENFORCEMENT OFFICERS.—A recipient may provide 

housing or housing assistance provided through affordable 

housing activities assisted with grant amounts under this Act 

for a law enforcement officer on an Indian reservation or other 

Indian area, if— (A) the officer— (i) is employed on a full-time basis by the Federal 

Government or a State, county or other unit of local 

government, or lawfully recognized tribal government; 

and 

(ii) in implementing such full-time employment, is 

sworn to uphold, and make arrests for, violations of 

Federal, State, county, or tribal law; and 

(B) the recipient determines that the presence of the law 

enforcement officer on the Indian reservation or other Indian area may deter crime. 

* * * * * * * 

SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. 

Affordable housing activities under this title are activities, in accordance with the requirements of this title, øto develop or to support¿ to develop, operate, maintain, or support affordable housing 

for rental or homeownership, or to provide housing services with 

respect to affordable housing, through the following activities: 

(1) INDIAN HOUSING ASSISTANCE.—The provision of modernization or operating assistance for housing previously developed or operated pursuant to a contract between the Secretary 

and an Indian housing authority. 

(2) DEVELOPMENT.—The acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing, which may include real property acquisition, site 

improvement, ødevelopment of utilities¿ development and rehabilitation of utilities, necessary infrastructure, and utility services, conversion, demolition, financing, administration and 

planning, improvement to achieve greater energy efficiency, 

mold remediation, and other related activities. 

(3) HOUSING SERVICES.—The provision of housing-related 

services for affordable housing, such as housing counseling in 

connection with rental or homeownership assistance, establishment and support of resident organizations and resident management corporations, energy auditing, activities related to the 

provision of self-sufficiency and other services, and other services related to assisting owners, tenants, contractors, and other 

entities, participating or seeking to participate in other housing activities assisted pursuant to this section. 

(4) HOUSING MANAGEMENT SERVICES.—The provision of management services for affordable housing, including preparation 

of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, the 

costs of operation and maintenance of units developed with 

funds provided under this Act, and management of affordable 

housing projects. 

* * * * * * * 


bajohnson on PROD1PC71 with REPORTS
30 

(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. 

* * * * * * * 

(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. 

* * * * * * * 

SEC. 205. LOW-INCOME REQUIREMENT AND INCOME TARGETING. 

* * * * * * * 

(2) except for housing assisted under section 202 of the 

United States Housing Act of 1937 (as in effect before the date 

of the effectiveness of this Act), each dwelling unit in the housing will remain affordable, according to binding commitments 

satisfactory to the Secretary, for the remaining useful life of 

the property (as determined by the Secretary) without regard 

to the term of the mortgage or to transfer of ownership, or for 

such other period that the Secretary determines is the longest 

feasible period of time consistent with sound economics and the 

purposes of this Act, except for a foreclosure by a lender (or 

upon transfer in lieu of foreclosure) is such action— (A) recognizes any contractual or legal rights of public 

agencies, nonprofit sponsors, or others to take actions that 

would avoid termination of low-income affordability in the 

case of foreclosure or transfer in lieu of foreclosure; and 


bajohnson on PROD1PC71 with REPORTS
31 

(B) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary. 

(b) EXCEPTION.—Notwithstanding subsection (a), housing assisted pursuant to section 201(b)(2) shall be considered affordable 

housing for purposes of the Act. 

(c) APPLICABILITY.—Paragraph (2) of subsection (a) applies only to 

rental and homeownership units that are owned or operated by a 

recipient. 

SEC. 206. TREATMENT OF FUNDS. 

Notwithstanding any other provision of law, tenant- and projectbased rental assistance provided using funds made available under 

this Act shall not be considered to be Federal funds for purposes of 

section 42 of the Internal Revenue Code of 1986. 

* * * * * * * 

SEC. 208. AVAILABILITY OF RECORDS. 

(a) PROVISION OF INFORMATION.—Notwithstanding any other provision of law, except as provided in subsection (b), the National 

Crime Information Center, police departments, and other law enforcement agencies shall, upon request, provide information to Indian tribes or tribally designated housing entities regarding the 

criminal conviction records of applicants for employment, and of 

adult applicants for, or tenants of, housing assisted with grant 

amounts provided to such tribe or entity under this Act for purposes of applicant screening, lease enforcement, and eviction. 

* * * * * * * 

Subtitle B—Self-Determined Housing Activities for Tribal 

Communities 

SEC. 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. 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—

(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 


bajohnson on PROD1PC71 with REPORTS
32 

(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 2008 through 2012, 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. 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 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. 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). 

(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). 


bajohnson on PROD1PC71 with REPORTS
33 

(15) Section 702 (relating to 50-year leasehold interests in 

trust or restricted lands for housing purposes). 

SEC. 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. 

TITLE III—ALLOCATION OF GRANT AMOUNTS 

SEC. 301. ANNUAL ALLOCATION. 

For each fiscal year, the Secretary shall allocate any amounts 

made available for assistance under this Act for the fiscal year, in 

accordance with the formula established pursuant to section 302, 

among Indian tribes that comply with the requirements under this 

Act for a grant under this Act. 

SEC. 302. ALLOCATION FORMULA. 

(a) ESTABLISHMENT.—øThe Secretary¿ 

(1) IN GENERAL.—The Secretary shall, by regulations issued 

not later than the expiration of the 12-month period beginning 

on the date of the enactment of this Act, in the manner provided under section 106, establish a formula to provide for allocating amounts available for a fiscal year for block grants 


bajohnson on PROD1PC71 with REPORTS
34 

under this Act among Indian tribes in accordance with the requirements of this section. 

(2) STUDY OF NEED DATA.—

(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—

(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. 

(b) FACTORS FOR DETERMINATION OF NEED.—The formula shall 

be based on factors that reflect the need of the Indian tribes and 

the Indian areas of the tribes for assistance for affordable housing 

activities, including the following factors: 

ø(1) The number of low-income housing dwelling units owned 

or operated at the time pursuant to a contract between an Indian housing authority for the tribe and the Secretary.¿ (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. 

(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; 


bajohnson on PROD1PC71 with REPORTS
35 

(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. 

(2) The extent of poverty and economic distress and the number of Indian families within Indian areas of the tribe. 

(3) Other objectively measurable conditions as the Secretary 

and the Indian tribes may specify. 

* * * * * * * 

TITLE IV—COMPLIANCE, AUDITS, AND REPORTS 

SEC. 401. REMEDIES FOR NONCOMPLIANCE. 

(a) ACTIONS BY SECRETARY AFFECTING GRANT AMOUNTS.—

(1) IN GENERAL.—Except as provided in subsection (b), if the 

Secretary finds after reasonable notice and opportunity for 

hearing that a recipient of assistance under this Act has failed 

to comply substantially with any provision of this Act, the Secretary shall—

(A) terminate payments under this Act to the recipient; 

(B) reduce payments under this Act to the recipient by 

an amount equal to the amount of such payments that 

were not expended in accordance with this Act; 

(C) limit the availability of payments under this Act to 

programs, projects, or activities not affected by such failure 

to comply; or 

(D) in the case of noncompliance described in section 

402(b), provide a replacement tribally designated housing 

entity for the recipient, under section 402. 

(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. 

ø(2)¿ (3) CONTINUANCE OF ACTIONS.—If the Secretary takes 

an action under subparagraph (A), (B), (C), of paragraph (1), 

the Secretary shall continue such action until the Secretary determines that the failure to comply has ceased. 

ø(3)¿ (4) EXCEPTION FOR CERTAIN ACTIONS.—

(A) IN GENERAL.—Notwithstanding any other provision 

of this subsection, if the Secretary makes a determination 

that the failure of a recipient of assistance under this Act 

to comply substantially with any material provision (as 

that term is defined by the Secretary) of this Act is resulting, and would continue to result, in a continuing expenditure of Federal funds in a manner that is not authorized 

by law, the Secretary may take an action described in 

paragraph (1)(C) before conducting a hearing. 

(B) PROCEDURAL REQUIREMENT.—If the Secretary takes 

an action described in subparagraph (A), the Secretary 

shall—

(i) provide notice to the recipient at the time that 

the Secretary takes that action; and 


bajohnson on PROD1PC71 with REPORTS
36 

(ii) conduct a hearing not later than 60 days after 

the date on which the Secretary provides notice under 

clause (i). 

(C) DETERMINATION.—Upon completion of a hearing 

under this paragraph, the Secretary shall make a determination regarding whether to continue taking the action 

that is the subject of the hearing, or take another action 

under this subsection. 

* * * * * * * 

SEC. 403. MONITORING OF COMPLIANCE. 

* * * * * * * 

(b) PERIODIC MONITORING.—Not less frequently than annually, 

each recipient shall review the activities conducted and housing assisted under this Act to assess compliance with the requirements 

of this Act. Such review shall include an appropriate level of onsite 

inspection of housing to determine compliance with applicable requirements. The results of each review shall be included in the performance report of the recipient submitted to the Secretary under 

section 404 and made available to the public. 

* * * * * * * 

SEC. 404. PERFORMANCE REPORTS. 

* * * * * * * 

(b) CONTENT.—Each report under this section for a fiscal year 

shall—

(1) describe the use of grant amounts provided to the recipient for such fiscal year; 

(2) assess the relationship of such use to the [goals] planned 

activities identified in the Indian housing plan of the grant 

beneficiary; and 

(3) indicate the programmatic accomplishments of the 

recipientø; and¿. 

ø(4) describe the manner in which the recipient would 

change its programs as a result of its experiences.¿ 

* * * * * * * 

TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN 

TRIBES UNDER INCORPORATED PROGRAMS 

* * * * * * * 

SEC. 509. 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.). 

TITLE VI—FEDERAL GUARANTEES FOR FINANCING FOR 

TRIBAL HOUSING ACTIVITIES 

* * * * * * * 


bajohnson on PROD1PC71 with REPORTS
37 

SEC. 605. LIMITATIONS ON AMOUNT OF GUARANTEES. 

(a) AGGREGATE FISCAL YEAR LIMITATION.—Notwithstanding any 

other provision of law and subject only to the absence of qualified 

applicants or proposed activities and to the authority provided in 

this title, to the extent approved or provided in appropriations 

Acts, the Secretary may enter into commitments to guarantee notes 

and obligations under this title with an aggregate principal amount 

not to exceed $400,000,000 for each of fiscal years ø1997 through 

2007¿ 2008 through 2012. 

(b) AUTHORIZATION OF APPROPRIATIONS FOR CREDIT SUBSIDY.— There are authorized to be appropriated to cover the costs (as such 

term is defined in section 502 of the Congressional Budget Act of 

1974) of guarantees under this title such sums as may be necessary 

for each of fiscal years ø1997 through 2007¿ 2008 through 2012. 

* * * * * * * 

SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 

FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES. 

(a) AUTHORITY.—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. 

(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 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 


bajohnson on PROD1PC71 with REPORTS
38 

(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) 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 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, shall 

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 2008 through 2012. 

(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 such 


bajohnson on PROD1PC71 with REPORTS
39 

sums as are necessary for each of fiscal years 2008 through 

2012. 

(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—

(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, 2012. 

TITLE VII—OTHER HOUSING ASSISTANCE FOR NATIVE 

AMERICANS 

* * * * * * * 

SEC. 703. TRAINING AND TECHNICAL ASSISTANCE. 

øThere are authorized to be appropriated for assistance for a national organization representing Native American housing interests 

for providing training and technical assistance to Indian housing 

authorities and tribally designated housing entities such sums as 

may be necessary for each of fiscal years 1997 through 2007.¿ 

(a) DEFINITION OF INDIAN ORGANIZATION.—In this section, the 

term ‘‘Indian organization’’ means—

(1) an Indian organization representing the interests of Indian tribes, Indian housing authorities, and tribally designated 

housing entities throughout the United States; 

(2) an organization registered as a nonprofit entity that is—

(A) described in section 501(c)(3) of the Internal Revenue 

Code of 1986; and 

(B) exempt from taxation under section 501(a) of that 

Code; 

(3) an organization with at least 30 years of experience in representing the housing interests of Indian tribes and tribal housing entities throughout the United States; and 


bajohnson on PROD1PC71 with REPORTS
40 

(4) an organization that is governed by a Board of Directors 

composed entirely of individuals representing tribal housing entities. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary, for transfer to an Indian organization selected by the Secretary, in consultation with Indian tribes, 

such sums as are necessary to provide training and technical assistance to Indian housing authorities and tribally-designated housing 

entities for each of fiscal years 2008 through 2012. 

* * * * * * * 

UNITED STATES CODE ANNOTATED 

TITLE 31. Money and Finance 

CHAPTER 97—MISCELLANEOUS 

* * * * * * * 

SEC. 9703 

* * * * * * * 

(K)(i) Payment to the designated State, local, or tribal 

law enforcement, environmental, housing, or health entity 

for experts and consultants needed to clean up any area formerly used as a methamphetamine laboratory. 

(ii) If a methamphetamine laboratory is located on private property, not more than 90 percent of the costs may be 

paid only if— (I) the property owner did not have knowledge of the 

existence or operation of such laboratory before the law 

enforcement action to close it; or 

(II) the property owner notifies law enforcement not 

later than 24 hours after discovering the existence of 

such laboratory. 

Æ 


bajohnson on PROD1PC71 with REPORTS