PUBLIC LAW 107–292—NOV. 13, 2002 116 STAT. 2053

Public Law 107–292

107th Congress

An Act

To reauthorize the Native American Housing Assistance and Self-Determination

Act of 1996.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Native American Housing Assistance and Self-Determination Reauthorization Act of 2002’’.

SEC. 2. REAUTHORIZATION OF THE NATIVE AMERICAN HOUSING

ASSISTANCE AND SELF-DETERMINATION ACT OF 1996.

(a) BLOCK GRANTS.—Section 108 of the Native American

Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.

4117) is amended by striking ‘‘1998, 1999, 2000, and 2001’’ and

inserting ‘‘1998 through 2007’’.

(b) FEDERAL GUARANTEES.—Section 605 of the Native American

Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.

4195) is amended—

(1) in subsection (a), by striking ‘‘1997, 1998, 1999, 2000,

and 2001’’ and inserting ‘‘1997 through 2007’’; and

(2) in subsection (b), by striking ‘‘1997, 1998, 1999, 2000,

and 2001’’ and inserting ‘‘1997 through 2007’’.

(c) TRAINING AND TECHNICAL ASSISTANCE.—Section 703 of the

Native American Housing Assistance and Self-Determination Act

of 1996 (25 U.S.C. 4212) is amended by striking ‘‘1997, 1998,

1999, 2000, and 2001’’ and inserting ‘‘1997 through 2007’’.

(d) INDIAN HOUSING LOAN GUARANTEE FUND.—Section 184(i)

of the Housing and Community Development Act of 1992 (12 U.S.C.

1715z–13a(i)) is amended—

(1) in paragraph (5)(C), by striking ‘‘each fiscal year’’ and

inserting ‘‘each of fiscal years 1997 through 2007’’; and

(2) in paragraph (7), by striking ‘‘each fiscal year’’ and

inserting ‘‘each of fiscal years 1997 through 2007’’.

SEC. 3. DEFINITIONS.

Section 4 of the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C 4103) is amended by adding

at the end the following:

‘‘(22) 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

Native American

Housing

Assistance

and SelfDetermination

Reauthorization

Act of 2002.

25 USC 4101

note.

Nov. 13, 2002

[S. 1210]

116 STAT. 2054 PUBLIC LAW 107–292—NOV. 13, 2002

‘‘(ii) would help an Indian tribe or its triballydesignated 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.).’’.

SEC. 4. BLOCK GRANTS AND GRANT REQUIREMENTS.

Section 101(h) of the Native American Housing Assistance and

Self-Determination Act of 1996 (25 U.S.C. 4111(h)) is amended— (1) in the heading, by inserting ‘‘AND PLANNING’’ after ‘‘ADMINISTRATIVE’’; and

(2) by inserting after the word ‘‘Act’’ the first place that

term appears, the following: ‘‘for comprehensive housing and

community development planning activities and’’.

SEC. 5. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

Section 104 of the Native American Housing Assistance and

Self-Determination Act of 1996 (25 U.S.C. 4114) is amended—

(1) in subsection (a)(1)—

(A) by striking ‘‘A recipient’’ and inserting the following: ‘‘Notwithstanding any other provision of this Act,

a recipient’’; and

(B) by striking subparagraph (B) and inserting the

following:

‘‘(B) the recipient has agreed that it will utilize such

income for housing related activities in accordance with

this Act.’’; and

(2) in subsection (a)(2)—

(A) in the heading, by inserting ‘‘RESTRICTED ACCESS

OR’’ before the word ‘‘REDUCTION’’;

(B) in subparagraph (B), by striking ‘‘or’’ at the end;

(C) in subparagraph (C), by striking the period at

the end and inserting ‘‘; or’’; and

(D) by adding at the end the following:

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

SEC. 6. REGULATIONS.

Section 106(b)(2)(A) of the Native American Housing Assistance

and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is

amended by inserting after ‘‘required under this Act’’ the following:

‘‘, including any regulations that may be required pursuant to

amendments made to this Act after the date of enactment of this

Act,’’.

SEC. 7. FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL

HOUSING ACTIVITIES.

Section 601 of the Native American Housing Assistance and

Self-Determination Act of 1996 (25 U.S.C. 4191) is amended— (1) in subsection (a), by inserting after ‘‘section 202’’ the

following: ‘‘and housing related community development activity

as consistent with the purposes of this Act’’;

(2) by striking subsection (b); and

(3) by redesignating subsections (c) and (d) as subsections

(b) and (c), respectively.

PUBLIC LAW 107–292—NOV. 13, 2002 116 STAT. 2055

SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE DELIVERY OF

HOUSING ASSISTANCE IN NATIVE COMMUNITIES.

Section 202 of the Native American Housing Assistance and

Self-Determination Act of 1996 (25 U.S.C. 4132) is amended by

adding at the end the following:

‘‘(7) COMMUNITY DEVELOPMENT DEMONSTRATION PROJECT.—

‘‘(A) IN GENERAL.—Consistent with principles of Indian

self-determination and the findings of this Act, the Secretary shall conduct and submit to Congress a study of

the feasibility of establishing a demonstration project in

which Indian tribes, tribal organizations, or tribal consortia

are authorized to expend amounts received pursuant to

the Native American Housing Assistance and Self-Determination Reauthorization Act of 2002 in order to design,

implement, and operate community development demonstration projects.

‘‘(B) STUDY.—Not later than 1 year after the date of

enactment of the Native American Housing Assistance and

Self-Determination Reauthorization Act of 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and

Urban Affairs and the Committee on Indian Affairs of

the Senate, and the Committee on Financial Services and

the Committee on Resources of the House of Representatives.

‘‘(8) SELF-DETERMINATION ACT DEMONSTRATION PROJECT.—

‘‘(A) IN GENERAL.—Consistent with the provisions of

the Indian Self-Determination and Education Assistance

Act (25 U.S.C. 450 et seq.), the Secretary shall conduct

and submit to Congress a study of the feasibility of establishing a demonstration project in which Indian tribes and

tribal organizations are authorized to receive assistance

in a manner that maximizes tribal authority and decisionmaking in the design and implementation of Federal

housing and related activity funding.

‘‘(B) STUDY.—Not later than 1 year after the date of

enactment of the Native American Housing Assistance and

Self-Determination Reauthorization Act of 2002, the Secretary shall submit the study conducted under subparagraph (A) to the Committee on Banking, Housing, and

Urban Affairs and the Committee on Indian Affairs of

the Senate, and the Committee on Financial Services and

the Committee on Resources of the House of Representatives.’’.

Deadline.

Deadline.

116 STAT. 2056 PUBLIC LAW 107–292—NOV. 13, 2002

LEGISLATIVE HISTORY—S. 1210:

SENATE REPORTS: No. 107–246 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD, Vol. 148 (2002):

Oct. 4, considered and passed Senate.

Oct. 16, considered and passed House.

Æ

SEC. 9. BLACK MOLD INFESTATION STUDY.

Not later than 180 days after the date of enactment of this

Act, the Secretary of Housing and Urban Development shall—

(1) complete a study on the extent of black mold infestation

of Native American housing in the United States; and

(2) submit to Congress a report that describes recommendations of the Secretary for means by which to address the infestation.

Approved November 13, 2002.

Reports.

Deadline.