I

104TH CONGRESS

2D SESSION H. R. 3066

To amend the Native American Programs Act of 1974 to authorize appropriations for fiscal years 1997, 1998, 1999, 2000, and 2001; and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 12, 1996

Mr. CUNNINGHAM introduced the following bill; which was referred to the

Committee on Economic and Educational Opportunities

A BILL

To amend the Native American Programs Act of 1974 to

authorize appropriations for fiscal years 1997, 1998,

1999, 2000, and 2001; and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 (a) SHORT TITLE.—This Act may be cited as the

4 ‘‘Native American Programs Amendments of 1996’’.

5 (b) NATIVE AMERICAN COMMUNITY DEVELOPMENT

6 FINANCIAL INSTITUTION.—

7 (1) AUTHORITY FOR GRANT.—Section 803A of

8 the Native American Programs Act of 1974 (42

9 U.S.C. 2991b–1) is amended to read as follows:
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1 ‘‘SEC. 803A. ESTABLISHMENT OF NATIVE AMERICAN COM2 MUNITY DEVELOPMENT FINANCIAL INSTITU3 TION.

4 ‘‘(a) AUTHORITY TO MAKE ONE GRANT.—From

5 funds appropriated to carry out this title and subject to

6 subsection (c), the Commissioner shall make 1 grant to

7 1 eligible Hawaiian entity to establish and operate a Na8 tive Hawaiian community development financial institu9 tion for purposes of providing technical assistance and

10 loans to Native Hawaiians for economic development in

11 the State of Hawaii.

12 ‘‘(b) ELIGIBILITY TO RECEIVE GRANT.—To be eligi13 ble to receive the grant authorized by subsection (a), a

14 Hawaiian entity shall submit to the Commissioner, in such

15 form and containing such information as the Commis16 sioner may require, an application that includes the follow17 ing:

18 ‘‘(1) An assurance that such entity will, as a

19 condition of receiving such grant, contribute to the

20 Native Hawaiian community development financial

21 institution to be established operated with such

22 grant, an amount of capital from non-Federal

23 sources that is not less than the amount of such

24 grant.

25 ‘‘(2) Information that demonstrates that the

26 Native Hawaiian community development financial
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1 institution proposed to be established and operated

2 by such entity will be capable of operating, and will

3 operate, successfully, on a self-sustaining basis after

4 receiving such grant and such capital.

5 ‘‘(c) SELECTION OF GRANTEE.—The Commissioner

6 may make the grant authorized by subsection (a) only to

7 1 eligible Hawaiian entity whose application submitted in

8 accordance with subsection (b) satisfies the Commissioner

9 that the Native Hawaiian community development finan10 cial institution proposed to be established and operated by

11 such entity will successfully carry out the purposes speci12 fied in subsection (a).’’.

13 (2) DEFINITIONS.—Section 815 of the Native

14 American Programs Act of 1974 (42 U.S.C. 2992C)

15 is amended—

16 (A) in paragraph (4) by adding ‘‘and’’ at

17 the end,

18 (B) in paragraph (5) by striking ‘‘; and’’

19 and inserting a period at the end,

20 (C) in paragraph (6) by striking the period

21 at the end and inserting a semicolon,

22 (D) by redesignating paragraphs (2), (3),

23 (4), (5), and (6) as paragraphs (3), (5), (8),

24 (9), and (4), respectively,
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1 (E) by inserting after paragraph (1) the

2 following:

3 ‘‘(2) ‘Hawaiian entity’ means—

4 ‘‘(A) the Office of Hawaiian Affairs of the

5 State of Hawaii,

6 ‘‘(B) a Native Hawaiian organization, or

7 ‘‘(C) the Office of Hawaiian Affairs of the

8 State of Hawaii and 1 Native Hawaiian organi9 zation, acting jointly;’’

10 (F) by transferring paragraph (4), as so

11 redesignated, so as to insert such paragraph

12 after paragraph (3), as so redesignated, and

13 (G) by inserting after paragraph (5), as so

14 redesignated the following:

15 ‘‘(6) ‘Native Hawaiian community development

16 financial institution’ means a person (other than an

17 individual) that—

18 ‘‘(A) qualifies as a community development

19 financial institution, as defined in section

20 102(5) of the Community Development Bank21 ing and Financial Institutions Act of 1994 (12

22 U.S.C. 4702(5));

23 ‘‘(B) satisfies the requirements applicable

24 under such Act to applicants for assistance

25 from the Community Development Financial
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1 Institutions Fund established under section

2 104(a) of such Act;

3 ‘‘(C) demonstrates a special interest and

4 expertise in serving the primary economic devel5 opment and mortgage lending needs of the Na6 tive Hawaiian community; and

7 ‘‘(D) demonstrates that it has the endorse8 ment of the Native Hawaiian community;

9 ‘‘(7) ‘Native Hawaiian organization’ means an

10 organization serving Native Hawaiians in the State

11 of Hawaii that—

12 ‘‘(A) is a nonprofit organization;

13 ‘‘(B) is controlled by Native Hawaiians;

14 and

15 ‘‘(C) whose business activities will prin16 cipally benefit Native Hawaiians ;’’.

17 (c) ADDITIONAL PROVISION.—Section 812 of the Na18 tive American Programs Act of 1974 (42 U.S.C. 2992a)

19 is repealed.

20 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

21 816 of the Native American Programs Act of 1974 (42

22 U.S.C. 2992d) is amended to read as follows:

23 ‘‘SEC. 816. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘There are authorized to be appropriated to carry out

25 this title $35,000,000 for fiscal year 1997 and such sums
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1 as may be necessary for fiscal years 1998, 1999, 2000,

2 and 2001.’’.

3 (e) EFFECTIVE DATE; TRANSITION PROVISIONS.—

4 (1) EFFECTIVE DATE.—Except as provided in

5 paragraphs (2) and (3), this Act and the amend6 ments made by this Act shall take effect on October

7 1, 1996.

8 (2) SPECIAL EFFECTIVE DATE.—Subsection (d)

9 shall take effect on the date of the enactment of this

10 Act.

11 (3) TRANSITION PROVISION.—Section 803A as

12 in effect before October 1, 1996, shall remain in ef13 fect with respect to all funds made available under

14 such section before such date.

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