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[Senate Report 110-238]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 526
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-238

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

 
       NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      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. Sec. 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 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; housing-related 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. Sec. 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. Sec. 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.
    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 infrastructure 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 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. Sec. 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 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 officers. 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.

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 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 ``multi-race''. 
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 recipients 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 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 
Self-Determination 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:

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 
appropriation 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 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 property, 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-    2008-
                                                         2008    2009    2010    2011    2012    2013    2014    2015    2016    2017     2012     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 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 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. Sec. 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.
Sec. 605. Limitations on amount of guarantees.
Sec. 606. [Effective 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 [should] 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 
        [should] 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.).
          [(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.
          [(9)] (10) Indian.--The term `Indian' means any 
        person who is a member of an Indian tribe.
          [(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.
          [(11)] (12) Indian housing plan.--The term `Indian 
        housing plan' means a plan under section 102.
          [(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.
          [(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 prevailing levels of construction 
        costs or unusually high or low family incomes.
          [(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.
          [(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.
          [(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.
          [(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.
          [(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.
          [(19)] (20) Secretary.--Except as otherwise 
        specifically provided in this Act, the term `Secretary' 
        means the Secretary of Housing and Urban Development.
          [(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.
          [(21)] (22) Tribally designated housing entity.--The 
        terms `tribally designated housing entity' and `housing 
        entity' have the following meaning:
                  (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.
          [(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.--[For 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 [tribes 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) [Under] Provision of amounts.--Under such a grant 
        on behalf of an Indian tribe, the Secretary shall 
        provide the 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--
          [(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 [subsection 
        (d)] subsection (c) for the tribe; and
                  (2) for the review of such plans.
    [(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.
    (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 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 
                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--
                          (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).
    [(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.
    [(e)] (d) Coordination of Plans.--A plan under this section 
may cover more than 1 Indian tribe, but only if the 
certification requirements under [subsection (d)] subsection 
(c) are complied with by each such grant beneficiary covered.
    [(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 [fiscal] tribal 
program year, the tribe may comply with the provisions of such 
section for any succeeding [fiscal] tribal program year [(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. [Not less 
than once every 5 years, the tribe shall submit a complete 
plan.]
    [(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 
        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.--[The 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 
                                government-to-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 
                        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 [1998 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) [Exception 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. [The 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) [Non-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 [non-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 well-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, 
[to 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, 
        [development 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.

           *       *       *       *       *       *       *

          (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
                  (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 
project- based 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
                  (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).
          (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.--[The 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 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:
          [(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;
                  (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.
          [(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.
          [(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
                          (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 
        recipient[; and].
          [(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

           *       *       *       *       *       *       *

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 [1997 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 [1997 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
                  (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 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.

    [There are authorized to be appropriated for assistance for 
a national organization representing Native American housing 
interests for providing training and technical assistance to 
Indian housing authorities and tribally designated housing 
entities such sums as may be necessary for each of fiscal years 
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
          (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.

                                  
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