104TH CONGRESS

2D SESSION H. R. 3219

AN ACT

To provide Federal assistance for Indian tribes in

governance, and for other purposes.a manner that recognizes the right of tribal self-
104TH CONGRESS

2D SESSION H. R. 3219

AN ACT

To provide Federal assistance for Indian tribes in a manner

that recognizes the right of tribal self-governance, 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,
2

•HR 3219 EH

1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

3 ‘‘Native American Housing Assistance and Self-Deter4 mination Act of 1996’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title.

Sec. 2. Congressional findings.

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

Sec. 4. Definitions.

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.

Sec. 102. Indian housing plans.

Sec. 103. Review of plans.

Sec. 104. Treatment of program income and labor standards.

Sec. 105. Environmental review.

Sec. 106. Regulations.

Sec. 107. Effective date.

Sec. 108. Authorization of appropriations.

TITLE II—AFFORDABLE HOUSING ACTIVITIES

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. Certification of compliance with subsidy layering requirements.

Sec. 207. Lease requirements and tenant selection.

Sec. 208. Availability of records.

Sec. 209. Repayment.

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

TITLE III—ALLOCATION OF GRANT AMOUNTS

Sec. 301. Annual allocation.

Sec. 302. Allocation formula.

TITLE IV—COMPLIANCE, AUDITS, AND REPORTS

Sec. 401. Remedies for noncompliance.

Sec. 402. Replacement of recipient.

Sec. 403. Monitoring of compliance.

Sec. 404. Performance reports.

Sec. 405. Review and audit by Secretary.

Sec. 406. GAO audits.

Sec. 407. Reports to Congress.
3

•HR 3219 EH

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.

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.

TITLE VII—OTHER HOUSING ASSISTANCE FOR NATIVE

AMERICANS

Sec. 701. Loan guarantees for Indian housing.

Sec. 702. 50-year leasehold interest in trust or restricted lands for housing purposes.

Sec. 703. Training and technical assistance.

Sec. 704. Public and Assisted Housing Drug Elimination Act of 1990.

Sec. 705. Effective date.

1 SEC. 2. CONGRESSIONAL FINDINGS.

2 The Congress finds that—

3 (1) the Federal Government has a responsibility

4 to promote the general welfare of the Nation—

5 (A) by using Federal resources to aid fami6 lies and individuals seeking affordable homes in

7 safe and healthy environments and, in particu8 lar, assisting responsible, deserving citizens who

9 cannot provide fully for themselves because of
4

•HR 3219 EH

1 temporary circumstances or factors beyond

2 their control;

3 (B) by working to ensure a thriving na4 tional economy and a strong private housing

5 market; and

6 (C) by developing effective partnerships

7 among the Federal Government, State, tribal,

8 and local governments, and private entities that

9 allow government to accept responsibility for

10 fostering the development of a healthy market11 place and allow families to prosper without gov12 ernment involvement in their day-to-day activi13 ties;

14 (2) there exists a unique relationship between

15 the Government of the United States and the gov16 ernments of Indian tribes and a unique Federal re17 sponsibility to Indian people;

18 (3) the Constitution of the United States in19 vests the Congress with plenary power over the field

20 of Indian affairs, and through treaties, statutes, and

21 historical relations with Indian tribes, the United

22 States has undertaken a unique trust responsibility

23 to protect and support Indian tribes and Indian peo24 ple;
5

•HR 3219 EH

1 (4) the Congress, through treaties, statutes,

2 and the general course of dealing with Indian tribes,

3 has assumed a trust responsibility for the protection

4 and preservation of Indian tribes and for working

5 with tribes and their members to improve their hous6 ing conditions and socioeconomic status so that they

7 are able to take greater responsibility for their own

8 economic condition;

9 (5) providing affordable homes in safe and

10 healthy environments is an essential element in the

11 special role of the United States in helping tribes

12 and their members to improve their housing condi13 tions and socioeconomic status;

14 (6) the need for affordable homes in safe and

15 healthy environments on Indian reservations, in In16 dian communities, and in Native Alaskan villages is

17 acute and the Federal Government should work not

18 only to provide housing assistance, but also, to the

19 extent practicable, to assist in the development of

20 private housing finance mechanisms on Indian lands

21 to achieve the goals of economic self-sufficiency and

22 self-determination for tribes and their members; and

23 (7) Federal assistance to meet these respon24 sibilities should be provided in a manner that recog25 nizes the right of Indian self-determination and trib-
6

•HR 3219 EH

1 al self-governance by making such assistance avail2 able directly to the Indian tribes or tribally des3 ignated entities under authorities similar to those

4 accorded Indian tribes in Public Law 93–638 (25

5 U.S.C. 450 et seq.).

6 SEC. 3. ADMINISTRATION THROUGH OFFICE OF NATIVE

7 AMERICAN PROGRAMS.

8 The Secretary of Housing and Urban Development

9 shall carry out this Act through the Office of Native Amer10 ican Programs of the Department of Housing and Urban

11 Development.

12 SEC. 4. DEFINITIONS.

13 For purposes of this Act, the following definitions

14 shall apply:

15 (1) ADJUSTED INCOME.—The term ‘‘adjusted

16 income’’ means the annual income that remains

17 after excluding the following amounts:

18 (A) YOUTHS, STUDENTS, AND PERSONS

19 WITH DISABILITIES.—$480 for each member of

20 the family residing in the household (other than

21 the head of the household or the spouse of the

22 head of the household)—

23 (i) who is under 18 years of age; or

24 (ii) who is—

25 (I) 18 years of age or older; and
7

•HR 3219 EH

1 (II) a person with disabilities or

2 a full-time student.

3 (B) ELDERLY AND DISABLED FAMILIES.—

4 $400 for an elderly or disabled family.

5 (C) MEDICAL AND ATTENDANT EX6 PENSES.—The amount by which 3 percent of

7 the annual income of the family is exceeded by

8 the aggregate of—

9 (i) medical expenses, in the case of an

10 elderly or disabled family; and

11 (ii) reasonable attendant care and

12 auxiliary apparatus expenses for each fam13 ily member who is a person with disabil14 ities, to the extent necessary to enable any

15 member of the family (including a member

16 who is a person with disabilities) to be em17 ployed.

18 (D) CHILD CARE EXPENSES.—Child care

19 expenses, to the extent necessary to enable an20 other member of the family to be employed or

21 to further his or her education.

22 (E) EARNED INCOME OF MINORS.—The

23 amount of any earned income of any member of

24 the family who is less than 18 years of age.
8

•HR 3219 EH

1 (F) TRAVEL EXPENSES.—Excessive travel

2 expenses, not to exceed $25 per family per

3 week, for employment- or education-related

4 travel.

5 (G) OTHER AMOUNTS.—Such other

6 amounts as may be provided in the Indian

7 housing plan for an Indian tribe.

8 (2) AFFORDABLE HOUSING.—The term ‘‘afford9 able housing’’ means housing that complies with the

10 requirements for affordable housing under title II.

11 The term includes permanent housing for homeless

12 persons who are persons with disabilities, transi13 tional housing, and single room occupancy housing.

14 (3) DRUG-RELATED CRIMINAL ACTIVITY.—The

15 term ‘‘drug-related criminal activity’’ means the ille16 gal manufacture, sale, distribution, use, or posses17 sion with intent to manufacture, sell, distribute, or

18 use, of a controlled substance (as such term is de19 fined in section 102 of the Controlled Substances

20 Act).

21 (4) ELDERLY FAMILIES AND NEAR-ELDERLY

22 FAMILIES.—The terms ‘‘elderly family’’ and ‘‘near23 elderly family’’ mean a family whose head (or his or

24 her spouse), or whose sole member, is an elderly per25 son or a near-elderly person, respectively. Such
9

•HR 3219 EH

1 terms include 2 or more elderly persons or near-el2 derly persons living together, and 1 or more such

3 persons living with 1 or more persons determined

4 under the Indian housing plan for the agency to be

5 essential to their care or well-being.

6 (5) ELDERLY PERSON.—The term ‘‘elderly per7 son’’ means a person who is at least 62 years of age.

8 (6) FAMILY.—The term ‘‘family’’ includes a

9 family with or without children, an elderly family, a

10 near-elderly family, a disabled family, and a single

11 person.

12 (7) GRANT BENEFICIARY.—The term ‘‘grant

13 beneficiary’’ means the Indian tribe or tribes on be14 half of which a grant is made under this Act to a

15 recipient.

16 (8) INCOME.—The term ‘‘income’’ means in17 come from all sources of each member of the house18 hold, as determined in accordance with criteria pre19 scribed by the Secretary, except that the following

20 amounts may not be considered as income under this

21 paragraph:

22 (A) Any amounts not actually received by

23 the family.
10

•HR 3219 EH

1 (B) Any amounts that would be eligible for

2 exclusion under section 1613(a)(7) of the Social

3 Security Act.

4 (9) INDIAN.—The term ‘‘Indian’’ means any

5 person who is a member of an Indian tribe.

6 (10) INDIAN AREA.—The term ‘‘Indian area’’

7 means the area within which a tribally designated

8 housing entity is authorized by one or more Indian

9 tribes to provide assistance under this Act for af10 fordable housing.

11 (11) INDIAN HOUSING PLAN.—The term ‘‘In12 dian housing plan’’ means a plan under section 102.

13 (12) INDIAN TRIBE.—

14 (A) IN GENERAL.—The term ‘‘Indian

15 tribe’’ means a tribe that is a federally recog16 nized tribe or a State recognized tribe.

17 (B) FEDERALLY RECOGNIZED TRIBE.—

18 The term ‘‘federally recognized tribe’’ means

19 any Indian tribe, band, nation, or other orga20 nized group or community of Indians, including

21 any Alaska Native village or regional or village

22 corporation as defined in or established pursu23 ant to the Alaska Native Claims Settlement

24 Act, that is recognized as eligible for the special

25 programs and services provided by the United
11

•HR 3219 EH

1 States to Indians because of their status as In2 dians pursuant to the Indian Self-Determina3 tion and Education Assistance Act of 1975.

4 (C) STATE RECOGNIZED TRIBE.—

5 (i) IN GENERAL.—The term ‘‘State

6 recognized tribe’’ means any tribe, band,

7 nation, pueblo, village, or community—

8 (I) that has been recognized as

9 an Indian tribe by any State; and

10 (II) for which an Indian Housing

11 Authority has, before the effective

12 date under section 107, entered into a

13 contract with the Secretary pursuant

14 to the United States Housing Act of

15 1937 for housing for Indian families

16 and has received funding pursuant to

17 such contract within the 5-year period

18 ending upon such effective date.

19 (ii) CONDITIONS.—Notwithstanding

20 clause (i)—

21 (I) the allocation formula under

22 section 302 shall be determined for a

23 State recognized tribe under tribal

24 membership eligibility criteria in exist-
12

•HR 3219 EH

1 ence on the date of the enactment of

2 this Act; and

3 (II) nothing in this paragraph

4 shall be construed to confer upon a

5 State recognized tribe any rights,

6 privileges, responsibilities, or obliga7 tions otherwise accorded groups recog8 nized as Indian tribes by the United

9 States for other purposes.

10 (13) LOW-INCOME FAMILY.—The term ‘‘low-in11 come family’’ means a family whose income does not

12 exceed 80 percent of the median income for the

13 area, as determined by the Secretary with adjust14 ments for smaller and larger families, except that

15 the Secretary may, for purposes of this paragraph,

16 establish income ceilings higher or lower than 80

17 percent of the median for the area on the basis of

18 the findings of the Secretary or the agency that such

19 variations are necessary because of prevailing levels

20 of construction costs or unusually high or low family

21 incomes.

22 (14) MEDIAN INCOME.—The term ‘‘median in23 come’’ means, with respect to an area that is an In24 dian area, the greater of—
13

•HR 3219 EH

1 (A) the median income for the Indian area,

2 which the Secretary shall determine; or

3 (B) the median income for the United

4 States.

5 (15) NEAR-ELDERLY PERSON.—The term

6 ‘‘near-elderly person’’ means a person who is at least

7 55 years of age and less than 62 years of age.

8 (16) NONPROFIT.—The term ‘‘nonprofit’’

9 means, with respect to an organization, association,

10 corporation, or other entity, that no part of the net

11 earnings of the entity inures to the benefit of any

12 member, founder, contributor, or individual.

13 (17) PERSON WITH DISABILITIES.—The term

14 ‘‘person with disabilities’’ means a person who—

15 (A) has a disability as defined in section

16 223 of the Social Security Act;

17 (B) is determined, pursuant to regulations

18 issued by the Secretary, to have a physical,

19 mental, or emotional impairment which—

20 (i) is expected to be of long-continued

21 and indefinite duration;

22 (ii) substantially impedes his or her

23 ability to live independently; and
14

•HR 3219 EH

1 (iii) is of such a nature that such abil2 ity could be improved by more suitable

3 housing conditions; or

4 (C) has a developmental disability as de5 fined in section 102 of the Developmental Dis6 abilities Assistance and Bill of Rights Act.

7 Such term shall not exclude persons who have the

8 disease of acquired immunodeficiency syndrome or

9 any conditions arising from the etiologic agent for

10 acquired immunodeficiency syndrome. Notwithstand11 ing any other provision of law, no individual shall be

12 considered a person with disabilities, for purposes of

13 eligibility for housing assisted under this Act, solely

14 on the basis of any drug or alcohol dependence. The

15 Secretary shall consult with other appropriate Fed16 eral agencies to implement the preceding sentence.

17 (18) RECIPIENT.—The term ‘‘recipient’’ means

18 an Indian tribe or the entity for one or more Indian

19 tribes that is authorized to receive grant amounts

20 under this Act on behalf of the tribe or tribes.

21 (19) SECRETARY.—Except as otherwise specifi22 cally provided in this Act, the term ‘‘Secretary’’

23 means the Secretary of Housing and Urban Develop24 ment.
15

•HR 3219 EH

1 (20) STATE.—The term ‘‘State’’ means the

2 States of the United States, the District of Colum3 bia, the Commonwealth of Puerto Rico, the Com4 monwealth of the Northern Mariana Islands, Guam,

5 the Virgin Islands, American Samoa, and any other

6 territory or possession of the United States and In7 dian tribes.

8 (21) TRIBALLY DESIGNATED HOUSING EN9 TITY.—The terms ‘‘tribally designated housing en10 tity’’ and ‘‘housing entity’’ have the following mean11 ing:

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

13 Indian tribe that has not taken action under

14 subparagraph (B), and for which an Indian

15 housing authority—

16 (i) was established for purposes of the

17 United States Housing Act of 1937 before

18 the date of the enactment of this Act that

19 meets the requirements under the United

20 States Housing Act of 1937,

21 (ii) is acting upon such date of enact22 ment as the Indian housing authority for

23 the tribe, and

24 (iii) is not an Indian tribe for pur25 poses of this Act,
16

•HR 3219 EH

1 the terms mean such Indian housing authority.

2 (B) OTHER ENTITIES.—With respect to

3 any Indian tribe that, pursuant to this Act, au4 thorizes an entity other than the tribal govern5 ment to receive grant amounts and provide as6 sistance under this Act for affordable housing

7 for Indians, which entity is established—

8 (i) by exercise of the power of self9 government of one or more Indian tribes

10 independent of State law, or

11 (ii) by operation of State law provid12 ing specifically for housing authorities or

13 housing entities for Indians, including re14 gional housing authorities in the State of

15 Alaska,

16 the terms mean such entity.

17 (C) ESTABLISHMENT.—A tribally des18 ignated housing entity may be authorized or es19 tablished by one or more Indian tribes to act on

20 behalf of each such tribe authorizing or estab21 lishing the housing entity.
17

•HR 3219 EH

1 TITLE I—BLOCK GRANTS AND

2 GRANT REQUIREMENTS

3 SEC. 101. BLOCK GRANTS.

4 (a) AUTHORITY.—For each fiscal year, the Secretary

5 shall (to the extent amounts are made available to carry

6 out this Act) make grants under this section on behalf

7 of Indian tribes to carry out affordable housing activities.

8 Under such a grant on behalf of an Indian tribe, the Sec9 retary shall provide the grant amounts for the tribe di10 rectly to the recipient for the tribe.

11 (b) PLAN REQUIREMENT.—

12 (1) IN GENERAL.—The Secretary may make a

13 grant under this Act on behalf of an Indian tribe for

14 a fiscal year only if—

15 (A) the Indian tribe has submitted to the

16 Secretary an Indian housing plan for such fiscal

17 year under section 102; and

18 (B) the plan has been determined under

19 section 103 to comply with the requirements of

20 section 102.

21 (2) WAIVER.—The Secretary may waive the ap22 plicability of the requirements under paragraph (1),

23 in whole or in part, if the Secretary finds that an

24 Indian tribe has not complied or cannot comply with
18

•HR 3219 EH

1 such requirements due to circumstances beyond the

2 control of the tribe.

3 (c) LOCAL COOPERATION AGREEMENT.—The Sec4 retary may not make any grant under this Act on behalf

5 of an Indian tribe unless the governing body of the locality

6 within which any affordable housing to be assisted with

7 the grant amounts will be situated has entered into an

8 agreement with the recipient for the tribe providing for

9 local cooperation required by the Secretary pursuant to

10 this Act.

11 (d) EXEMPTION FROM TAXATION.—A grant recipient

12 for an Indian tribe may receive a block grant under this

13 Act only if—

14 (1) the affordable housing assisted with grant

15 amounts received by the recipient (exclusive of any

16 portions not assisted with amounts provided under

17 this Act) is exempt from all real and personal prop18 erty taxes levied or imposed by any State, tribe, city,

19 county, or other political subdivision; and

20 (2) the recipient makes annual payments of

21 user fees to compensate such governments for the

22 costs of providing governmental services, including

23 police and fire protection, roads, water and sewerage

24 systems, utilities systems and related facilities, or

25 payments in lieu of taxes to such taxing authority,
19

•HR 3219 EH

1 in an amount equal to the greater of $150 per dwell2 ing unit or 10 percent of the difference between the

3 shelter rent and the utility cost, or such lesser

4 amount as—

5 (A) is prescribed by State, tribal, or local

6 law;

7 (B) is agreed to by the local governing

8 body in the agreement under subsection (c); or

9 (C) the recipient and the local governing

10 body agree that such user fees or payments in

11 lieu of taxes shall not be made.

12 (e) EFFECT OF FAILURE TO EXEMPT FROM TAX13 ATION.—Notwithstanding subsection (d), a grant recipient

14 that does not comply with the requirements under such

15 subsection may receive a block grant under this Act, but

16 only if the tribe, State, city, county, or other political sub17 division in which the affordable housing development is lo18 cated contributes, in the form of cash or tax remission,

19 the amount by which the taxes paid with respect to the

20 development exceed the amounts prescribed in subsection

21 (d)(2).

22 (f) AMOUNT.—Except as otherwise provided under

23 this Act, the amount of a grant under this section to a

24 recipient for a fiscal year shall be—
20

•HR 3219 EH

1 (1) in the case of a recipient whose grant bene2 ficiary is a single Indian tribe, the amount of the al3 location under section 301 for the Indian tribe; and

4 (2) in the case of a recipient whose grant bene5 ficiary is more than 1 Indian tribe, the sum of the

6 amounts of the allocations under section 301 for

7 each such Indian tribe.

8 (g) USE FOR AFFORDABLE HOUSING ACTIVITIES

9 UNDER PLAN.—Except as provided in subsection (h),

10 amounts provided under a grant under this section may

11 be used only for affordable housing activities under title

12 II that are consistent with an Indian housing plan ap13 proved under section 103.

14 (h) ADMINISTRATIVE EXPENSES.—The Secretary

15 shall, by regulation, authorize each recipient to use a per16 centage of any grant amounts received under this Act for

17 any reasonable administrative and planning expenses of

18 the recipient relating to carrying out this Act and activi19 ties assisted with such amounts, which may include costs

20 for salaries of individuals engaged in administering and

21 managing affordable housing activities assisted with grant

22 amounts provided under this Act and expenses of prepar23 ing an Indian housing plan under section 102.

24 (i) PUBLIC-PRIVATE PARTNERSHIPS.—Each recipi25 ent shall make all reasonable efforts, consistent with the
21

•HR 3219 EH

1 purposes of this Act, to maximize participation by the pri2 vate sector, including nonprofit organizations and for3 profit entities, in implementing the approved Indian hous4 ing plan.

5 SEC. 102. INDIAN HOUSING PLANS.

6 (a) PLAN SUBMISSION.—The Secretary shall pro7 vide—

8 (1) for an Indian tribe to submit to the Sec9 retary, for each fiscal year, a housing plan under

10 this section for the tribe;

11 (2) for the tribally designated housing entity for

12 the tribe to submit the plan as provided in sub13 section (d) for the tribe; and

14 (3) for the review of such plans.

15 (b) 5-YEAR PLAN.—Each housing plan under this

16 section shall be in a form prescribed by the Secretary and

17 shall contain, with respect to the 5-year period beginning

18 with the fiscal year for which the plan is submitted, the

19 following information:

20 (1) MISSION STATEMENT.—A general statement

21 of the mission of the Indian tribe to serve the needs

22 of the low-income families in the jurisdiction of the

23 Indian tribe during the period.

24 (2) GOALS AND OBJECTIVES.—A statement of

25 the goals and objectives of the Indian tribe to enable
22

•HR 3219 EH

1 the tribe to serve the needs identified in paragraph

2 (1) during the period.

3 (3) ACTIVITIES PLAN.—An overview of the ac4 tivities planned during the period including an anal5 ysis of the manner in which the activities will enable

6 the tribe to meet its mission, goals, and objectives.

7 (c) 1-YEAR PLAN.—A housing plan under this section

8 for an Indian tribe shall be in a form prescribed by the

9 Secretary and contain the following information relating

10 to the upcoming fiscal year for which the assistance under

11 this Act is to be made available:

12 (1) GOALS AND OBJECTIVES.—A statement of

13 the goals and objectives to be accomplished during

14 that period.

15 (2) STATEMENT OF NEEDS.—A statement of

16 the housing needs of the low-income Indian families

17 residing in the jurisdiction of the Indian tribe and

18 the means by which such needs will be addressed

19 during the period, including—

20 (A) a description of the estimated housing

21 needs and the need for assistance for the low22 income Indian families in the jurisdiction, in23 cluding a description of the manner in which

24 the geographical distribution of assistance is

25 consistent with the geographical needs and
23

•HR 3219 EH

1 needs for various categories of housing assist2 ance; and

3 (B) a description of the estimated housing

4 needs for all Indian families in the jurisdiction.

5 (3) FINANCIAL RESOURCES.—An operating

6 budget for the recipient, in a form prescribed by the

7 Secretary, that includes—

8 (A) an identification and a description of

9 the financial resources reasonably available to

10 the recipient to carry out the purposes of this

11 Act, including an explanation of the manner in

12 which amounts made available will leverage ad13 ditional resources; and

14 (B) the uses to which such resources will

15 be committed, including eligible and required

16 affordable housing activities under title II and

17 administrative expenses.

18 (4) AFFORDABLE HOUSING RESOURCES.—A

19 statement of the affordable housing resources cur20 rently available and to be made available during the

21 period, including—

22 (A) a description of the significant charac23 teristics of the housing market in the jurisdic24 tion, including the availability of housing from

25 other public sources, private market housing,
24

•HR 3219 EH

1 and the manner in which such characteristics

2 influence the decision of the recipient to use

3 grant amounts to be provided under this Act

4 for rental assistance, production of new units,

5 acquisition of existing units, or rehabilitation of

6 units;

7 (B) a description of the structure, coordi8 nation, and means of cooperation between the

9 recipient and any other governmental entities in

10 the development, submission, or implementation

11 of housing plans, including a description of the

12 involvement of private, public, and nonprofit or13 ganizations and institutions, and the use of loan

14 guarantees under section 184 of the Housing

15 and Community Development Act of 1992, and

16 other housing assistance provided by the Fed17 eral Government for Indian tribes, including

18 loans, grants, and mortgage insurance;

19 (C) a description of the manner in which

20 the plan will address the needs identified pursu21 ant to paragraph (2);

22 (D) a description of the manner in which

23 the recipient will protect and maintain the via24 bility of housing owned and operated by the re25 cipient that was developed under a contract be-
25

•HR 3219 EH

1 tween the Secretary and an Indian housing au2 thority pursuant to the United States Housing

3 Act of 1937;

4 (E) a description of any existing and an5 ticipated homeownership programs and rental

6 programs to be carried out during the period,

7 and the requirements and assistance available

8 under such programs;

9 (F) a description of any existing and an10 ticipated housing rehabilitation programs nec11 essary to ensure the long-term viability of the

12 housing to be carried out during the period, and

13 the requirements and assistance available under

14 such programs;

15 (G) a description of all other existing or

16 anticipated housing assistance provided by the

17 recipient during the period, including transi18 tional housing, homeless housing, college hous19 ing, supportive services housing, and the re20 quirements and assistance available under such

21 programs;

22 (H) a description of any housing to be de23 molished or disposed of, a timetable for such

24 demolition or disposition, and any other infor-
26

•HR 3219 EH

1 mation required by the Secretary with respect

2 to such demolition or disposition;

3 (I) a description of the manner in which

4 the recipient will coordinate with tribal and

5 State welfare agencies to ensure that residents

6 of such housing will be provided with access to

7 resources to assist in obtaining employment and

8 achieving self-sufficiency;

9 (J) a description of the requirements es10 tablished by the recipient to promote the safety

11 of residents of such housing, facilitate the un12 dertaking of crime prevention measures, allow

13 resident input and involvement, including the

14 establishment of resident organizations, and

15 allow for the coordination of crime prevention

16 activities between the recipient and tribal and

17 local law enforcement officials; and

18 (K) a description of the entity that will

19 carry out the activities under the plan, includ20 ing the organizational capacity and key person21 nel of the entity.

22 (5) CERTIFICATION OF COMPLIANCE.—Evidence

23 of compliance which shall include, as appropriate—

24 (A) a certification that the recipient will

25 comply with title II of the Civil Rights Act of
27

•HR 3219 EH

1 1968 in carrying out this Act, to the extent

2 that such title is applicable, and other applica3 ble Federal statutes;

4 (B) a certification that the recipient will

5 maintain adequate insurance coverage for hous6 ing units that are owned and operated or as7 sisted with grant amounts provided under this

8 Act, in compliance with such requirements as

9 may be established by the Secretary;

10 (C) a certification that policies are in ef11 fect and are available for review by the Sec12 retary and the public governing the eligibility,

13 admission, and occupancy of families for hous14 ing assisted with grant amounts provided under

15 this Act;

16 (D) a certification that policies are in ef17 fect and are available for review by the Sec18 retary and the public governing rents charged,

19 including the methods by which such rents or

20 homebuyer payments are determined, for hous21 ing assisted with grant amounts provided under

22 this Act; and

23 (E) a certification that policies are in ef24 fect and are available for review by the Sec25 retary and the public governing the manage-
28

•HR 3219 EH

1 ment and maintenance of housing assisted with

2 grant amounts provided under this Act.

3 (d) PARTICIPATION OF TRIBALLY DESIGNATED

4 HOUSING ENTITY.—A plan under this section for an In5 dian tribe may be prepared and submitted on behalf of

6 the tribe by the tribally designated housing entity for the

7 tribe, but only if such plan contains a certification by the

8 recognized tribal government of the grant beneficiary that

9 such tribe—

10 (1) has had an opportunity to review the plan

11 and has authorized the submission of the plan by

12 the housing entity; or

13 (2) has delegated to such tribally designated

14 housing entity the authority to submit a plan on be15 half of the tribe without prior review by the tribe.

16 (e) COORDINATION OF PLANS.—A plan under this

17 section may cover more than 1 Indian tribe, but only if

18 the certification requirements under subsection (d) are

19 complied with by each such grant beneficiary covered.

20 (f) PLANS FOR SMALL TRIBES.—

21 (1) SEPARATE REQUIREMENTS.—The Secretary

22 may—

23 (A) establish requirements for submission

24 of plans under this section and the information

25 to be included in such plans applicable to small
29

•HR 3219 EH

1 Indian tribes and small tribally designated

2 housing entities; and

3 (B) waive any requirements under this sec4 tion that the Secretary determines are burden5 some or unnecessary for such tribes and hous6 ing entities.

7 (2) SMALL TRIBES.—The Secretary may define

8 small Indian tribes and small tribally designated

9 housing entities based on the number of dwelling

10 units assisted under this title by the tribe or housing

11 entity or owned or operated pursuant to a contract

12 under the United States Housing Act of 1937 be13 tween the Secretary and the Indian housing author14 ity for the tribe.

15 (g) REGULATIONS.—The requirements relating to the

16 contents of plans under this section shall be established

17 by regulation, pursuant to section 106.

18 SEC. 103. REVIEW OF PLANS.

19 (a) REVIEW AND NOTICE.—

20 (1) REVIEW.—The Secretary shall conduct a

21 limited review of each Indian housing plan submitted

22 to the Secretary to ensure that the plan complies

23 with the requirements of section 102. The Secretary

24 shall have the discretion to review a plan only to the
30

•HR 3219 EH

1 extent that the Secretary considers review is nec2 essary.

3 (2) NOTICE.—The Secretary shall notify each

4 Indian tribe for which a plan is submitted and any

5 tribally designated housing entity for the tribe

6 whether the plan complies with such requirements

7 not later than 60 days after receiving the plan. If

8 the Secretary does not notify the Indian tribe, as re9 quired under this subsection and subsection (b), the

10 plan shall be considered, for purposes of this Act, to

11 have been determined to comply with the require12 ments under section 102 and the tribe shall be con13 sidered to have been notified of compliance upon the

14 expiration of such 60-day period.

15 (b) NOTICE OF REASONS FOR DETERMINATION OF

16 NONCOMPLIANCE.—If the Secretary determines that a

17 plan, as submitted, does not comply with the requirements

18 under section 102, the Secretary shall specify in the notice

19 under subsection (a) the reasons for the noncompliance

20 and any modifications necessary for the plan to meet the

21 requirements under section 102.

22 (c) REVIEW.—After submission of the Indian housing

23 plan or any amendment or modification to the plan to the

24 Secretary, to the extent that the Secretary considers such

25 action to be necessary to make determinations under this
31

•HR 3219 EH

1 subsection, the Secretary shall review the plan (including

2 any amendments or modifications thereto) to determine

3 whether the contents of the plan—

4 (1) set forth the information required by section

5 102 to be contained in an Indian housing plan;

6 (2) are consistent with information and data

7 available to the Secretary; and

8 (3) are prohibited by or inconsistent with any

9 provision of this Act or other applicable law.

10 If the Secretary determines that any of the appropriate

11 certifications required under section 102(c)(5) are not in12 cluded in the plan, the plan shall be deemed to be incom13 plete.

14 (d) UPDATES TO PLAN.—After a plan under section

15 102 has been submitted for an Indian tribe for any fiscal

16 year, the tribe may comply with the provisions of such sec17 tion for any succeeding fiscal year (with respect to infor18 mation included for the 5-year period under section 102(b)

19 or the 1-year period under section 102(c)) by submitting

20 only such information regarding such changes as may be

21 necessary to update the plan previously submitted. Not

22 less than once every 5 years, the tribe shall submit a com23 plete plan.

24 (e) EFFECTIVE DATE.—This section and section 102

25 shall take effect on the date provided by the Secretary pur-
32

•HR 3219 EH

1 suant to section 106(a) to provide for timely submission

2 and review of Indian housing plans as necessary for the

3 provision of assistance under this Act in fiscal year 1998.

4 SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR

5 STANDARDS.

6 (a) PROGRAM INCOME.—

7 (1) AUTHORITY TO RETAIN.—A recipient may

8 retain any program income that is realized from any

9 grant amounts under this Act if—

10 (A) such income was realized after the ini11 tial disbursement of the grant amounts received

12 by the recipient; and

13 (B) the recipient has agreed that it will

14 utilize the program income for affordable hous15 ing activities in accordance with the provisions

16 of this Act.

17 (2) PROHIBITION OF REDUCTION OF GRANT.—

18 The Secretary may not reduce the grant amount for

19 any Indian tribe based solely on—

20 (A) whether the recipient for the tribe re21 tains program income under paragraph (1);

22 (B) the amount of any such program in23 come retained; or

24 (C) whether the recipient retains reserve

25 amounts described in section 210.
33

•HR 3219 EH

1 (3) EXCLUSION OF AMOUNTS.—The Secretary

2 may, by regulation, exclude from consideration as

3 program income any amounts determined to be so

4 small that compliance with the requirements of this

5 subsection would create an unreasonable administra6 tive burden on the recipient.

7 (b) LABOR STANDARDS.—

8 (1) IN GENERAL.—Any contract or agreement

9 for assistance, sale, or lease pursuant to this Act

10 shall contain a provision requiring that not less than

11 the wages prevailing in the locality, as determined or

12 adopted (subsequent to a determination under appli13 cable State, tribal, or local law) by the Secretary,

14 shall be paid to all architects, technical engineers,

15 draftsmen, and technicians employed in the develop16 ment, and all maintenance laborers and mechanics

17 employed in the operation, of the affordable housing

18 project involved; and shall also contain a provision

19 that not less than the wages prevailing in the local20 ity, as predetermined by the Secretary of Labor pur21 suant to the Davis-Bacon Act (40 U.S.C. 276a22 276a–5), shall be paid to all laborers and mechanics

23 employed in the development of the affordable hous24 ing involved, and the Secretary shall require certifi25 cation as to compliance with the provisions of this
34

•HR 3219 EH

1 paragraph before making any payment under such

2 contract or agreement.

3 (2) EXCEPTIONS.—Paragraph (1) and the pro4 visions relating to wages (pursuant to paragraph

5 (1)) in any contract or agreement for assistance,

6 sale, or lease pursuant to this Act, shall not apply

7 to any individual who receives no compensation or is

8 paid expenses, reasonable benefits, or a nominal fee

9 to perform the services for which the individual vol10 unteered and who is not otherwise employed at any

11 time in the construction work.

12 SEC. 105. ENVIRONMENTAL REVIEW.

13 (a) IN GENERAL.—

14 (1) RELEASE OF FUNDS.—In order to ensure

15 that the policies of the National Environmental Pol16 icy Act of 1969 and other provisions of law that fur17 ther the purposes of such Act (as specified in regula18 tions issued by the Secretary) are most effectively

19 implemented in connection with the expenditure of

20 grant amounts provided under this Act, and to en21 sure to the public undiminished protection of the en22 vironment, the Secretary, in lieu of the environ23 mental protection procedures otherwise applicable,

24 may by regulation provide for the release of amounts

25 for particular projects to tribes which assume all of
35

•HR 3219 EH

1 the responsibilities for environmental review, deci2 sionmaking, and action pursuant to such Act, and

3 such other provisions of law as the regulations of the

4 Secretary specify, that would apply to the Secretary

5 were the Secretary to undertake such projects as

6 Federal projects.

7 (2) REGULATIONS.—

8 (A) IN GENERAL.—The Secretary shall

9 issue regulations to carry out this section only

10 after consultation with the Council on Environ11 mental Quality.

12 (B) CONTENTS.—The regulations issued

13 under this paragraph shall—

14 (i) provide for the monitoring of the

15 environmental reviews performed under

16 this section;

17 (ii) in the discretion of the Secretary,

18 facilitate training for the performance of

19 such reviews; and

20 (iii) provide for the suspension or ter21 mination of the assumption of responsibil22 ities under this section.

23 (3) EFFECT ON ASSUMED RESPONSIBILITY.—

24 The duty of the Secretary under paragraph (2)(B)

25 shall not be construed to limit or reduce any respon-
36

•HR 3219 EH

1 sibility assumed by a recipient of grant amounts

2 with respect to any particular release of funds.

3 (b) PROCEDURE.—The Secretary shall approve the

4 release of funds subject to the procedures authorized by

5 this section only if, not less than 15 days prior to such

6 approval and prior to any commitment of funds to such

7 projects, the tribe has submitted to the Secretary a re8 quest for such release accompanied by a certification that

9 meets the requirements of subsection (c). The approval of

10 the Secretary of any such certification shall be deemed to

11 satisfy the responsibilities of the Secretary under the Na12 tional Environmental Policy Act of 1969 and such other

13 provisions of law as the regulations of the Secretary speci14 fy insofar as those responsibilities relate to the releases

15 of funds for projects to be carried out pursuant thereto

16 that are covered by such certification.

17 (c) CERTIFICATION.—A certification under the proce18 dures authorized by this section shall—

19 (1) be in a form acceptable to the Secretary;

20 (2) be executed by the chief executive officer or

21 other officer of the tribe under this Act qualified

22 under regulations of the Secretary;

23 (3) specify that the tribe has fully carried out

24 its responsibilities as described under subsection (a);

25 and
37

•HR 3219 EH

1 (4) specify that the certifying officer—

2 (A) consents to assume the status of a re3 sponsible Federal official under the National

4 Environmental Policy Act of 1969 and each

5 provision of law specified in regulations issued

6 by the Secretary insofar as the provisions of

7 such Act or such other provisions of law apply

8 pursuant to subsection (a); and

9 (B) is authorized and consents on behalf of

10 the tribe and such officer to accept the jurisdic11 tion of the Federal courts for the purpose of en12 forcement of the responsibilities of the certify13 ing officer as such an official.

14 SEC. 106. REGULATIONS.

15 (a) TRANSITION REQUIREMENTS.—

16 (1) IN GENERAL.—Not later than 90 days after

17 the date of the enactment of this Act, the Secretary

18 shall, by notice issued in the Federal Register, estab19 lish any requirements necessary to provide for the

20 transition (upon the effectiveness of this Act and the

21 amendments made by this Act) from the provision of

22 assistance for Indian tribes and Indian housing au23 thorities under the United States Housing Act of

24 1937 and other related provisions of law to the pro-
38

•HR 3219 EH

1 vision of assistance in accordance with this Act and

2 the amendments made by this Act.

3 (2) PUBLIC COMMENTS; GENERAL NOTICE OF

4 PROPOSED RULEMAKING.—The notice issued under

5 paragraph (1) shall—

6 (A) invite public comments regarding such

7 transition requirements and final regulations to

8 carry out this Act; and

9 (B) include a general notice of proposed

10 rulemaking (for purposes of section 564(a) of

11 title 5, United States Code) of the final regula12 tions under subsection (b).

13 (b) FINAL REGULATIONS.—

14 (1) TIMING.—The Secretary shall issue final

15 regulations necessary to carry out this Act not later

16 than September 1, 1997, and such regulations shall

17 take effect not later than the effective date of this

18 Act.

19 (2) NEGOTIATED RULEMAKING PROCEDURE.—

20 (A) IN GENERAL.—Notwithstanding sec21 tions 563(a) and 565(a) of title 5, United

22 States Code, all regulations required under this

23 Act shall be issued according to a negotiated

24 rulemaking procedure under subchapter III of

25 chapter 5 of title 5, United States Code.
39

•HR 3219 EH

1 (B) COMMITTEE.—

2 (i) IN GENERAL.—The Secretary shall

3 establish a negotiated rulemaking commit4 tee, in accordance with the procedures

5 under that subchapter, for the development

6 of proposed regulations under subpara7 graph (A).

8 (ii) ADAPTATION.—In establishing the

9 negotiated rulemaking committee, the Sec10 retary shall—

11 (I) adapt the procedures under

12 the subchapter described in clause (i)

13 to the unique government-to-govern14 ment relationship between the Indian

15 tribes and the United States, and

16 shall ensure that the membership of

17 the committee include only represent18 atives of the Federal Government and

19 of geographically diverse small, me20 dium, and large Indian tribes; and

21 (II) shall not preclude the par22 ticipation of tribally designated hous23 ing entities should tribes elect to be

24 represented by such entities.
40

•HR 3219 EH

1 (c) EFFECTIVE DATE.—This section shall take effect

2 on the date of the enactment of this Act.

3 SEC. 107. EFFECTIVE DATE.

4 Except as otherwise expressly provided in this Act,

5 this Act and the amendments made by this Act shall take

6 effect on October 1, 1997.

7 SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated for grants

9 under this title such sums as may be necessary for each

10 of fiscal years 1998, 1999, 2000, and 2001. This section

11 shall take effect on the date of the enactment of this Act.

12 TITLE II—AFFORDABLE

13 HOUSING ACTIVITIES

14 SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

15 (a) PRIMARY OBJECTIVE.—The national objectives of

16 this Act are—

17 (1) to assist and promote affordable housing ac18 tivities to develop, maintain, and operate affordable

19 housing in safe and healthy environments on Indian

20 reservations and in other Indian areas for occupancy

21 by low-income Indian families;

22 (2) to ensure better access to private mortgage

23 markets for Indian tribes and their members and to

24 promote self-sufficiency of Indian tribes and their

25 members;
41

•HR 3219 EH

1 (3) to coordinate activities to provide housing

2 for Indian tribes and their members with Federal,

3 State, and local activities to further economic and

4 community development for Indian tribes and their

5 members;

6 (4) to plan for and integrate infrastructure re7 sources for Indian tribes with housing development

8 for tribes; and

9 (5) to promote the development of private cap10 ital markets in Indian country and to allow such

11 markets to operate and grow, thereby benefiting In12 dian communities.

13 (b) ELIGIBLE FAMILIES.—

14 (1) IN GENERAL.—Except as provided under

15 paragraph (2), assistance under eligible housing ac16 tivities under this Act shall be limited to low-income

17 Indian families on Indian reservations and other In18 dian areas.

19 (2) EXCEPTION TO LOW-INCOME REQUIRE20 MENT.—A recipient may provide assistance for

21 homeownership activities under section 202(2),

22 model activities under section 202(6), or loan guar23 antee activities under title VI to Indian families who

24 are not low-income families, to the extent that the

25 Secretary approves the activities pursuant to such
42

•HR 3219 EH

1 section or title because there is a need for housing

2 for such families that cannot reasonably be met

3 without such assistance. The Secretary shall estab4 lish limits on the amount of assistance that may be

5 provided under this Act for activities for families

6 who are not low-income families.

7 (3) NON-INDIAN FAMILIES.—Notwithstanding

8 paragraph (1), a recipient may provide housing or

9 housing assistance provided through affordable hous10 ing activities assisted with grant amounts under this

11 Act for a non-Indian family on an Indian reservation

12 or other Indian area if the recipient determines that

13 the presence of the family on the Indian reservation

14 or other Indian area is essential to the well-being of

15 Indian families and the need for housing for the

16 family cannot reasonably be met without such assist17 ance.

18 (4) PREFERENCE FOR TRIBAL MEMBERS AND

19 OTHER INDIAN FAMILIES.—The Indian housing plan

20 for an Indian tribe may require preference, for hous21 ing or housing assistance provided through afford22 able housing activities assisted with grant amounts

23 provided under this Act on behalf of such tribe, to

24 be given (to the extent practicable) to Indian fami25 lies who are members of such tribe, or to other In-
43

•HR 3219 EH

1 dian families. In any case in which the applicable In2 dian housing plan for an Indian tribe provides for

3 preference under this paragraph, the recipient for

4 the tribe shall ensure that housing activities that are

5 assisted with grant amounts under this Act for such

6 tribe are subject to such preference.

7 (5) EXEMPTION.—Title VI of the Civil Rights

8 Act of 1964 and title VIII of the Civil Rights Act

9 of 1968 shall not apply to actions by Indian tribes

10 under this subsection.

11 SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

12 Affordable housing activities under this title are ac13 tivities, in accordance with the requirements of this title,

14 to develop or to support affordable housing for rental or

15 homeownership, or to provide housing services with re16 spect to affordable housing, through the following activi17 ties:

18 (1) INDIAN HOUSING ASSISTANCE.—The provi19 sion of modernization or operating assistance for

20 housing previously developed or operated pursuant

21 to a contract between the Secretary and an Indian

22 housing authority.

23 (2) DEVELOPMENT.—The acquisition, new con24 struction, reconstruction, or moderate or substantial

25 rehabilitation of affordable housing, which may in-
44

•HR 3219 EH

1 clude real property acquisition, site improvement,

2 development of utilities and utility services, conver3 sion, demolition, financing, administration and plan4 ning, and other related activities.

5 (3) HOUSING SERVICES.—The provision of

6 housing-related services for affordable housing, such

7 as housing counseling in connection with rental or

8 homeownership assistance, establishment and sup9 port of resident organizations and resident manage10 ment corporations, energy auditing, activities related

11 to the provision of self-sufficiency and other services,

12 and other services related to assisting owners, ten13 ants, contractors, and other entities, participating or

14 seeking to participate in other housing activities as15 sisted pursuant to this section.

16 (4) HOUSING MANAGEMENT SERVICES.—The

17 provision of management services for affordable

18 housing, including preparation of work specifica19 tions, loan processing, inspections, tenant selection,

20 management of tenant-based rental assistance, and

21 management of affordable housing projects.

22 (5) CRIME PREVENTION AND SAFETY ACTIVI23 TIES.—The provision of safety, security, and law en24 forcement measures and activities appropriate to

25 protect residents of affordable housing from crime.
45

•HR 3219 EH

1 (6) MODEL ACTIVITIES.—Housing activities

2 under model programs that are designed to carry

3 out the purposes of this Act and are specifically ap4 proved by the Secretary as appropriate for such pur5 pose.

6 SEC. 203. PROGRAM REQUIREMENTS.

7 (a) RENTS.—

8 (1) ESTABLISHMENT.—Subject to paragraph

9 (2), each recipient shall develop written policies gov10 erning rents and homebuyer payments charged for

11 dwelling units assisted under this Act, including the

12 methods by which such rents and homebuyer pay13 ments are determined.

14 (2) MAXIMUM RENT.—In the case of any low15 income family residing in a dwelling unit assisted

16 with grant amounts under this Act, the monthly rent

17 or homebuyer payment (as applicable) for such

18 dwelling unit may not exceed 30 percent of the

19 monthly adjusted income of such family.

20 (b) MAINTENANCE AND EFFICIENT OPERATION.—

21 Each recipient who owns or operates (or is responsible for

22 funding any entity that owns or operates) housing devel23 oped or operated pursuant to a contract between the Sec24 retary and an Indian housing authority pursuant to the

25 United States Housing Act of 1937 shall, using amounts
46

•HR 3219 EH

1 of any grants received under this Act, reserve and use for

2 operating assistance under section 202(1) such amounts

3 as may be necessary to provide for the continued mainte4 nance and efficient operation of such housing. This sub5 section may not be construed to prevent any recipient (or

6 entity funded by a recipient) from demolishing or dispos7 ing of Indian housing referred to in this subsection, pursu8 ant to regulations established by the Secretary.

9 (c) INSURANCE COVERAGE.—Each recipient shall

10 maintain adequate insurance coverage for housing units

11 that are owned or operated or assisted with grant amounts

12 provided under this Act.

13 (d) ELIGIBILITY FOR ADMISSION.—Each recipient

14 shall develop written policies governing the eligibility, ad15 mission, and occupancy of families for housing assisted

16 with grant amounts provided under this Act.

17 (e) MANAGEMENT AND MAINTENANCE.—Each recipi18 ent shall develop policies governing the management and

19 maintenance of housing assisted with grant amounts

20 under this Act.

21 SEC. 204. TYPES OF INVESTMENTS.

22 (a) IN GENERAL.—Subject to section 203 and the In23 dian housing plan for an Indian tribe, the recipient for

24 that tribe shall have—
47

•HR 3219 EH

1 (1) the discretion to use grant amounts for af2 fordable housing activities through equity invest3 ments, interest-bearing loans or advances, non4 interest-bearing loans or advances, interest sub5 sidies, leveraging of private investments, or any

6 other form of assistance that the Secretary has de7 termined to be consistent with the purposes of this

8 Act; and

9 (2) the right to establish the terms of assist10 ance.

11 (b) INVESTMENTS.—A recipient may invest grant

12 amounts for the purposes of carrying out affordable hous13 ing activities in investment securities and other obligations

14 as approved by the Secretary.

15 SEC. 205. LOW-INCOME REQUIREMENT AND INCOME

16 TARGETING.

17 (a) IN GENERAL.—Housing shall qualify as afford18 able housing for purposes of this Act only if—

19 (1) each dwelling unit in the housing—

20 (A) in the case of rental housing, is made

21 available for occupancy only by a family that is

22 a low-income family at the time of their initial

23 occupancy of such unit; and

24 (B) in the case of housing for homeowner25 ship, is made available for purchase only by a
48

•HR 3219 EH

1 family that is a low-income family at the time

2 of purchase; and

3 (2) except for housing assisted under section

4 202 of the United States Housing Act of 1937 (as

5 in effect before the date of the effectiveness of this

6 Act), each dwelling unit in the housing will remain

7 affordable, according to binding commitments satis8 factory to the Secretary, for the remaining useful

9 life of the property (as determined by the Secretary)

10 without regard to the term of the mortgage or to

11 transfer of ownership, or for such other period that

12 the Secretary determines is the longest feasible pe13 riod of time consistent with sound economics and the

14 purposes of this Act, except upon a foreclosure by a

15 lender (or upon other transfer in lieu of foreclosure)

16 if such action—

17 (A) recognizes any contractual or legal

18 rights of public agencies, nonprofit sponsors, or

19 others to take actions that would avoid termi20 nation of low-income affordability in the case of

21 foreclosure or transfer in lieu of foreclosure;

22 and

23 (B) is not for the purpose of avoiding low24 income affordability restrictions, as determined

25 by the Secretary.
49

•HR 3219 EH

1 (b) EXCEPTION.—Notwithstanding subsection (a),

2 housing assisted pursuant to section 201(b)(2) shall be

3 considered affordable housing for purposes of this Act.

4 SEC. 206. CERTIFICATION OF COMPLIANCE WITH SUBSIDY

5 LAYERING REQUIREMENTS.

6 With respect to housing assisted with grant amounts

7 provided under this Act, the requirements of section

8 102(d) of the Department of Housing and Urban Develop9 ment Reform Act of 1989 shall be considered to be satis10 fied upon certification by the Secretary that the combina11 tion of Federal assistance provided to any housing project

12 is not any more than is necessary to provide affordable

13 housing.

14 SEC. 207. LEASE REQUIREMENTS AND TENANT SELECTION.

15 (a) LEASES.—Except to the extent otherwise pro16 vided by or inconsistent with tribal law, in renting dwelling

17 units in affordable housing assisted with grant amounts

18 provided under this Act, the owner or manager of the

19 housing shall utilize leases that—

20 (1) do not contain unreasonable terms and con21 ditions;

22 (2) require the owner or manager to maintain

23 the housing in compliance with applicable housing

24 codes and quality standards;
50

•HR 3219 EH

1 (3) require the owner or manager to give ade2 quate written notice of termination of the lease,

3 which shall be the period of time required under

4 State, tribal, or local law;

5 (4) specify that, with respect to any notice of

6 eviction or termination, notwithstanding any State,

7 tribal, or local law, a resident shall be informed of

8 the opportunity, prior to any hearing or trial, to ex9 amine any relevant documents, records, or regula10 tions directly related to the eviction or termination;

11 (5) require that the owner or manager may not

12 terminate the tenancy, during the term of the lease,

13 except for serious or repeated violation of the terms

14 or conditions of the lease, violation of applicable

15 Federal, State, tribal, or local law, or for other good

16 cause; and

17 (6) provide that the owner or manager may ter18 minate the tenancy of a resident for any activity, en19 gaged in by the resident, any member of the house20 hold of the resident, or any guest or other person

21 under the control of the resident, that—

22 (A) threatens the health or safety of, or

23 right to peaceful enjoyment of the premises by,

24 other residents or employees of the owner or

25 manager of the housing;
51

•HR 3219 EH

1 (B) threatens the health or safety of, or

2 right to peaceful enjoyment of their premises

3 by, persons residing in the immediate vicinity of

4 the premises; or

5 (C) is criminal activity (including drug-re6 lated criminal activity) on or off the premises.

7 (b) TENANT SELECTION.—The owner or manager of

8 affordable rental housing assisted with grant amounts pro9 vided under this Act shall adopt and utilize written tenant

10 selection policies and criteria that—

11 (1) are consistent with the purpose of providing

12 housing for low-income families;

13 (2) are reasonably related to program eligibility

14 and the ability of the applicant to perform the obli15 gations of the lease; and

16 (3) provide for—

17 (A) the selection of tenants from a written

18 waiting list in accordance with the policies and

19 goals set forth in the Indian housing plan for

20 the tribe that is the grant beneficiary of such

21 grant amounts; and

22 (B) the prompt notification in writing of

23 any rejected applicant of the grounds for any

24 rejection.
52

•HR 3219 EH

1 SEC. 208. AVAILABILITY OF RECORDS.

2 (a) PROVISION OF INFORMATION.—Notwithstanding

3 any other provision of law, except as provided in para4 graph (2), the National Crime Information Center, police

5 departments, and other law enforcement agencies shall,

6 upon request, provide information to Indian tribes or trib7 ally designated housing entities regarding the criminal

8 conviction records of adult applicants for, or tenants of,

9 housing assisted with grant amounts provided to such

10 tribe or entity under this Act for purposes of applicant

11 screening, lease enforcement, and eviction.

12 (b) EXCEPTION.—A law enforcement agency de13 scribed in paragraph (1) shall provide information under

14 this paragraph relating to any criminal conviction of a ju15 venile only to the extent that the release of such informa16 tion is authorized under the law of the applicable State,

17 tribe, or locality.

18 (c) CONFIDENTIALITY.—An Indian tribe or tribally

19 designated housing entity receiving information under this

20 section may use such information only for the purposes

21 provided in this section and such information may not be

22 disclosed to any person who is not an officer, employee,

23 or authorized representative of the tribe or entity or the

24 owner of housing assisted under this Act, and who has

25 a job-related need to have access to the information for

26 the purposes under this section. For judicial eviction pro-
53

•HR 3219 EH

1 ceedings, disclosures may be made to the extent necessary.

2 The Secretary shall, by regulation, establish procedures

3 necessary to ensure that information provided under this

4 section to any tribe or entity is used, and confidentiality

5 is maintained, as required under this section.

6 SEC. 209. REPAYMENT.

7 If a recipient uses grant amounts to provide afford8 able housing under activities under this title and, at any

9 time during the useful life of the housing the housing does

10 not comply with the requirement under section 205(2), the

11 Secretary shall reduce future grant payments on behalf

12 of the grant beneficiary by an amount equal to the grant

13 amounts used for such housing (under the authority under

14 section 401(a)(2)) or require repayment to the Secretary

15 of an amount equal to such grant amounts.

16 SEC. 210. CONTINUED USE OF AMOUNTS FOR AFFORDABLE

17 HOUSING.

18 Any funds for programs for low-income housing

19 under the United States Housing Act of 1937 that, on

20 the date of the applicability of this Act to an Indian tribe,

21 are owned by, or in the possession or under the control

22 of, the Indian housing authority for the tribe, including

23 all reserves not otherwise obligated, shall be considered as24 sistance under this Act and subject to the provisions of

25 this Act relating to use of such assistance.
54

•HR 3219 EH

1 TITLE III—ALLOCATION OF

2 GRANT AMOUNTS

3 SEC. 301. ANNUAL ALLOCATION.

4 For each fiscal year, the Secretary shall allocate any

5 amounts made available for assistance under this Act for

6 the fiscal year, in accordance with the formula established

7 pursuant to section 302, among Indian tribes that comply

8 with the requirements under this Act for a grant under

9 this Act.

10 SEC. 302. ALLOCATION FORMULA.

11 (a) ESTABLISHMENT.—The Secretary shall, by regu12 lations issued not later than the expiration of the 12-

13 month period beginning on the date of the enactment of

14 this Act, in the manner provided under section 106, estab15 lish a formula to provide for allocating amounts available

16 for a fiscal year for block grants under this Act among

17 Indian tribes in accordance with the requirements of this

18 section.

19 (b) FACTORS FOR DETERMINATION OF NEED.—The

20 formula shall be based on factors that reflect the need of

21 the Indian tribes and the Indian areas of the tribes for

22 assistance for affordable housing activities, including the

23 following factors:

24 (1) The number of low-income housing dwelling

25 units owned or operated at the time pursuant to a
55

•HR 3219 EH

1 contract between an Indian housing authority for

2 the tribe and the Secretary.

3 (2) The extent of poverty and economic distress

4 and the number of Indian families within Indian

5 areas of the tribe.

6 (3) Other objectively measurable conditions as

7 the Secretary and the Indian tribes may specify.

8 (c) OTHER FACTORS FOR CONSIDERATION.—In es9 tablishing the formula, the Secretary shall consider—

10 (1) the relative administrative capacities and

11 other challenges faced by the recipient, including,

12 but not limited to geographic distribution within the

13 Indian area and technical capacity; and

14 (2) the extent to which terminations of assist15 ance under title V will affect funding available to

16 State recognized tribes.

17 (d) FUNDING FOR PUBLIC HOUSING OPERATION

18 AND MODERNIZATION.—

19 (1) FULL FUNDING.—The formula shall provide

20 that, if, in any fiscal year, the total amount made

21 available for assistance under this Act is equal to or

22 greater than the total amount made available for fis23 cal year 1996 for assistance for the operation and

24 modernization of public housing developed or oper25 ated pursuant to a contract between the Secretary
56

•HR 3219 EH

1 and an Indian housing authority pursuant to the

2 United States Housing Act of 1937, the amount

3 provided for such fiscal year for each Indian tribe

4 for which such operating or modernization assistance

5 was provided for fiscal year 1996 shall not be less

6 than the total amount of such operating and mod7 ernization assistance provided for fiscal year 1996

8 for such tribe.

9 (2) PARTIAL FUNDING.—The formula shall pro10 vide that, if, in any fiscal year, the total amount

11 made available for assistance under this Act is less

12 than the total amount made available for fiscal year

13 1996 for assistance for the operation and mod14 ernization of public housing developed or operated

15 pursuant to a contract between the Secretary and an

16 Indian housing authority pursuant to the United

17 States Housing Act of 1937, the amount provided

18 for such fiscal year for each Indian tribe for which

19 such operating or modernization assistance was pro20 vided for fiscal year 1996 shall not be less than the

21 amount that bears the same ratio to the total

22 amount available for assistance under this Act for

23 such fiscal year that the amount of operating and

24 modernization assistance provided for the tribe for

25 fiscal year 1996 bears to the total amount made
57

•HR 3219 EH

1 available for fiscal year 1996 for assistance for the

2 operation and modernization of such public housing.

3 (e) EFFECTIVE DATE.—This section shall take effect

4 on the date of the enactment of this Act.

5 TITLE IV—COMPLIANCE,

6 AUDITS, AND REPORTS

7 SEC. 401. REMEDIES FOR NONCOMPLIANCE.

8 (a) ACTIONS BY SECRETARY AFFECTING GRANT

9 AMOUNTS.—Except as provided in subsection (b), if the

10 Secretary finds after reasonable notice and opportunity for

11 hearing that a recipient of assistance under this Act has

12 failed to comply substantially with any provision of this

13 Act, the Secretary shall—

14 (1) terminate payments under this Act to the

15 recipient;

16 (2) reduce payments under this Act to the re17 cipient by an amount equal to the amount of such

18 payments that were not expended in accordance with

19 this Act;

20 (3) limit the availability of payments under this

21 Act to programs, projects, or activities not affected

22 by such failure to comply; or

23 (4) in the case of noncompliance described in

24 section 402(b), provide a replacement tribally des-
58

•HR 3219 EH

1 ignated housing entity for the recipient, under sec2 tion 402.

3 If the Secretary takes an action under paragraph (1), (2),

4 or (3), the Secretary shall continue such action until the

5 Secretary determines that the failure to comply has

6 ceased.

7 (b) NONCOMPLIANCE BECAUSE OF TECHNICAL INCA8 PACITY.—If the Secretary makes a finding under sub9 section (a), but determines that the failure to comply sub10 stantially with the provisions of this Act—

11 (1) is not a pattern or practice of activities con12 stituting willful noncompliance, and

13 (2) is a result of the limited capability or capac14 ity of the recipient,

15 the Secretary may provide technical assistance for the re16 cipient (directly or indirectly) that is designed to increase

17 the capability and capacity of the recipient to administer

18 assistance provided under this Act in compliance with the

19 requirements under this Act.

20 (c) REFERRAL FOR CIVIL ACTION.—

21 (1) AUTHORITY.—In lieu of, or in addition to,

22 any action authorized by subsection (a), if the Sec23 retary has reason to believe that a recipient has

24 failed to comply substantially with any provision of

25 this Act, the Secretary may refer the matter to the
59

•HR 3219 EH

1 Attorney General of the United States with a rec2 ommendation that an appropriate civil action be in3 stituted.

4 (2) CIVIL ACTION.—Upon such a referral, the

5 Attorney General may bring a civil action in any

6 United States district court having venue thereof for

7 such relief as may be appropriate, including an ac8 tion to recover the amount of the assistance fur9 nished under this Act that was not expended in ac10 cordance with it, or for mandatory or injunctive re11 lief.

12 (d) REVIEW.—

13 (1) IN GENERAL.—Any recipient who receives

14 notice under subsection (a) of the termination, re15 duction, or limitation of payments under this Act—

16 (A) may, not later than 60 days after re17 ceiving such notice, file with the United States

18 Court of Appeals for the circuit in which such

19 State is located, or in the United States Court

20 of Appeals for the District of Columbia, a peti21 tion for review of the action of the Secretary;

22 and

23 (B) upon the filing of any petition under

24 subparagraph (A), shall forthwith transmit cop25 ies of the petition to the Secretary and the At-
60

•HR 3219 EH

1 torney General of the United States, who shall

2 represent the Secretary in the litigation.

3 (2) PROCEDURE.—The Secretary shall file in

4 the court a record of the proceeding on which the

5 Secretary based the action, as provided in section

6 2112 of title 28, United States Code. No objection

7 to the action of the Secretary shall be considered by

8 the court unless such objection has been urged be9 fore the Secretary.

10 (3) DISPOSITION.—

11 (A) COURT PROCEEDINGS.—The court

12 shall have jurisdiction to affirm or modify the

13 action of the Secretary or to set it aside in

14 whole or in part. The findings of fact by the

15 Secretary, if supported by substantial evidence

16 on the record considered as a whole, shall be

17 conclusive. The court may order additional evi18 dence to be taken by the Secretary, and to be

19 made part of the record.

20 (B) SECRETARY.—The Secretary—

21 (i) may modify the findings of fact of

22 the Secretary, or make new findings, by

23 reason of the new evidence so taken and

24 filed with the court; and

25 (ii) shall file—
61

•HR 3219 EH

1 (I) such modified or new find2 ings, which findings with respect to

3 questions of fact shall be conclusive if

4 supported by substantial evidence on

5 the record considered as a whole; and

6 (II) the recommendation of the

7 Secretary, if any, for the modification

8 or setting aside of the original action

9 of the Secretary.

10 (4) FINALITY.—Upon the filing of the record

11 with the court, the jurisdiction of the court shall be

12 exclusive and its judgment shall be final, except that

13 such judgment shall be subject to review by the Su14 preme Court of the United States upon writ of cer15 tiorari or certification as provided in section 1254 of

16 title 28, United State Code.

17 SEC. 402. REPLACEMENT OF RECIPIENT.

18 (a) AUTHORITY.—As a condition of the Secretary

19 making a grant under this Act on behalf of an Indian

20 tribe, the tribe shall agree that, notwithstanding any other

21 provision of law, the Secretary may, only in the cir22 cumstances set forth in subsection (b), require that a re23 placement tribally designated housing entity serve as the

24 recipient for the tribe, in accordance with subsection (c).
62

•HR 3219 EH

1 (b) CONDITIONS OF REMOVAL.—The Secretary may

2 require such replacement tribally designated housing en3 tity for a tribe only upon a determination by the Secretary

4 on the record after opportunity for a hearing that the re5 cipient for the tribe has engaged in a pattern or practice

6 of activities that constitutes substantial or willful non7 compliance with the requirements under this Act.

8 (c) CHOICE AND TERM OF REPLACEMENT.—If the

9 Secretary requires that a replacement tribally designated

10 housing entity serve as the recipient for a tribe (or

11 tribes)—

12 (1) the replacement entity shall be an entity

13 mutually agreed upon by the Secretary and the tribe

14 (or tribes) for which the recipient was authorized to

15 act, except that if no such entity is agreed upon be16 fore the expiration of the 60-day period beginning

17 upon the date that the Secretary makes the deter18 mination under subsection (b), the Secretary shall

19 act as the replacement entity until agreement is

20 reached upon a replacement entity; and

21 (2) the replacement entity (or the Secretary, as

22 provided in paragraph (1)) shall act as the tribally

23 designated housing entity for the tribe (or tribes) for

24 a period that expires upon—
63

•HR 3219 EH

1 (A) a date certain, which shall be specified

2 by the Secretary upon making the determina3 tion under subsection (b); or

4 (B) the occurrence of specific conditions,

5 which conditions shall be specified in written

6 notice provided by the Secretary to the tribe

7 upon making the determination under sub8 section (b).

9 SEC. 403. MONITORING OF COMPLIANCE.

10 (a) ENFORCEABLE AGREEMENTS.—Each recipient,

11 through binding contractual agreements with owners and

12 otherwise, shall ensure long-term compliance with the pro13 visions of this Act. Such measures shall provide for (1)

14 enforcement of the provisions of this Act by the grant ben15 eficiary or by recipients and other intended beneficiaries,

16 and (2) remedies for the breach of such provisions.

17 (b) PERIODIC MONITORING.—Not less frequently

18 than annually, each recipient shall review the activities

19 conducted and housing assisted under this Act to assess

20 compliance with the requirements of this Act. Such review

21 shall include onsite inspection of housing to determine

22 compliance with applicable requirements. The results of

23 each review shall be included in the performance report

24 of the recipient submitted to the Secretary under section

25 404 and made available to the public.
64

•HR 3219 EH

1 (c) PERFORMANCE MEASURES.—The Secretary shall

2 establish such performance measures as may be necessary

3 to assess compliance with the requirements of this Act.

4 SEC. 404. PERFORMANCE REPORTS.

5 (a) REQUIREMENT.—For each fiscal year, each recip6 ient shall—

7 (1) review the progress it has made during such

8 fiscal year in carrying out the Indian housing plan

9 (or plans) for the Indian tribes for which it admin10 isters grant amounts; and

11 (2) submit a report to the Secretary (in a form

12 acceptable to the Secretary) describing the conclu13 sions of the review.

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

15 fiscal year shall—

16 (1) describe the use of grant amounts provided

17 to the recipient for such fiscal year;

18 (2) assess the relationship of such use to the

19 goals identified in the Indian housing plan of the

20 grant beneficiary;

21 (3) indicate the programmatic accomplishments

22 of the recipient; and

23 (4) describe the manner in which the recipient

24 would change its programs as a result of its experi25 ences.
65

•HR 3219 EH

1 (c) SUBMISSION.—The Secretary shall establish dates

2 for submission of reports under this section, and review

3 such reports and make such recommendations as the Sec4 retary considers appropriate to carry out the purposes of

5 this Act.

6 (d) PUBLIC AVAILABILITY.—A recipient preparing a

7 report under this section shall make the report publicly

8 available to the citizens in the jurisdiction of the recipient

9 in sufficient time to permit such citizens to comment on

10 such report prior to its submission to the Secretary, and

11 in such manner and at such times as the recipient may

12 determine. The report shall include a summary of any

13 comments received by the grant beneficiary or recipient

14 from citizens in its jurisdiction regarding its program.

15 SEC. 405. REVIEW AND AUDIT BY SECRETARY.

16 (a) ANNUAL REVIEW.—The Secretary shall, not less

17 than on an annual basis, make such reviews and audits

18 as may be necessary or appropriate to determine—

19 (1) whether the recipient has carried out its eli20 gible activities in a timely manner, has carried out

21 its eligible activities and certifications in accordance

22 with the requirements and the primary objectives of

23 this Act and with other applicable laws, and has a

24 continuing capacity to carry out those activities in a

25 timely manner;
66

•HR 3219 EH

1 (2) whether the recipient has complied with the

2 Indian housing plan of the grant beneficiary; and

3 (3) whether the performance reports under sec4 tion 404 of the recipient are accurate.

5 Reviews under this section shall include, insofar as prac6 ticable, onsite visits by employees of the Department of

7 Housing and Urban Development.

8 (b) REPORT BY SECRETARY.—The Secretary shall

9 give a recipient not less than 30 days to review and com10 ment on a report under this subsection. After taking into

11 consideration the comments of the recipient, the Secretary

12 may revise the report and shall make the comments of

13 the recipient and the report, with any revisions, readily

14 available to the public not later than 30 days after receipt

15 of the comments of the recipient.

16 (c) EFFECT OF REVIEWS.—The Secretary may make

17 appropriate adjustments in the amount of the annual

18 grants under this Act in accordance with the findings of

19 the Secretary pursuant to reviews and audits under this

20 section. The Secretary may adjust, reduce, or withdraw

21 grant amounts, or take other action as appropriate in ac22 cordance with the reviews and audits of the Secretary

23 under this section, except that grant amounts already ex24 pended on affordable housing activities may not be recap-
67

•HR 3219 EH

1 tured or deducted from future assistance provided on be2 half of an Indian tribe.

3 SEC. 406. GAO AUDITS.

4 To the extent that the financial transactions of In5 dian tribes and recipients of grant amounts under this Act

6 relate to amounts provided under this Act, such trans7 actions may be audited by the Comptroller General of the

8 United States under such rules and regulations as may

9 be prescribed by the Comptroller General. The representa10 tives of the General Accounting Office shall have access

11 to all books, accounts, records, reports, files, and other

12 papers, things, or property belonging to or in use by such

13 tribes and recipients pertaining to such financial trans14 actions and necessary to facilitate the audit.

15 SEC. 407. REPORTS TO CONGRESS.

16 (a) IN GENERAL.—Not later than 90 days after the

17 conclusion of each fiscal year in which assistance under

18 this Act is made available, the Secretary shall submit to

19 the Congress a report that contains—

20 (1) a description of the progress made in ac21 complishing the objectives of this Act;

22 (2) a summary of the use of funds available

23 under this Act during the preceding fiscal year; and

24 (3) a description of the aggregate outstanding

25 loan guarantees under title VI.
68

•HR 3219 EH

1 (b) RELATED REPORTS.—The Secretary may require

2 recipients of grant amounts under this Act to submit to

3 the Secretary such reports and other information as may

4 be necessary in order for the Secretary to make the report

5 required by subsection (a).

6 TITLE V—TERMINATION OF AS7 SISTANCE FOR INDIAN

8 TRIBES UNDER INCOR9 PORATED PROGRAMS

10 SEC. 501. REPEAL OF PROVISIONS RELATING TO INDIAN

11 HOUSING ASSISTANCE UNDER UNITED

12 STATES HOUSING ACT OF 1937.

13 (a) REPEAL OF TITLE II.—Title II of the United

14 States Housing Act of 1937 (42 U.S.C 1437aa et seq.)

15 is hereby repealed.

16 (b) AMENDMENTS TO TITLE I.—Title I of the United

17 States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is

18 amended—

19 (1) in section 3(b)—

20 (A)in paragraph (5)—

21 (i) in subparagraph (F) by inserting

22 ‘‘and’’ after the semicolon at the end;

23 (ii) by striking subparagraph (G); and

24 (iii) by redesignating subparagraph

25 (H) as subparagraph (G);
69

•HR 3219 EH

1 (B) in paragraph (6), by striking the last

2 sentence;

3 (C) in paragraph (7)—

4 (i) by inserting ‘‘and’’ before ‘‘the

5 Trust’’; and

6 (ii) by striking ‘‘, and Indian tribes’’;

7 and

8 (D) by striking paragraphs (9), (10), (11),

9 and (12);

10 (2) in section 5—

11 (A) in subsection (j)(1), by striking

12 ‘‘(other than for Indian families)’’; and

13 (B) by striking subsection (l);

14 (3) in section 6(b)(1), by striking ‘‘and public

15 housing for Indians and Alaska Natives in accord16 ance with the Indian Housing Act of 1988’’;

17 (4) in subsection 7, by striking subsection (l);

18 (5) in section 9(a)(1)(A), in the second sen19 tence—

20 (A) by inserting ‘‘and’’ after the comma at

21 the end of clause (i); and

22 (B) by striking ‘‘, and (iii)’’ and all that

23 follows through ‘‘project is occupied’’;

24 (6) in section 14—
70

•HR 3219 EH

1 (A) in the section heading, by striking

2 ‘‘AND INDIAN’’;

3 (B) in subsection (e)(1)(E)—

4 (i) in the matter preceding clause (i),

5 by striking ‘‘(or Indian tribal official, if ap6 propriate)’’;

7 (ii) in clause (i)—

8 (I) by striking ‘‘(or Indian tribal

9 officials)’’; and

10 (II) by striking ‘‘(or tenants of

11 the Indian housing projects)’’; and

12 (iii) in clause (ii), by striking ‘‘(or In13 dian tribe)’’;

14 (7) in section 16—

15 (A) in subsection (d)—

16 (i) by striking the paragraph designa17 tion for paragraph (1); and

18 (ii) by striking paragraph (2); and

19 (B) in subsection (e), by striking para20 graph (3);

21 (8) in section 23(o), by striking paragraph (2);

22 (9) in section 24(h)(3), by striking ‘‘, except

23 that it does not include any Indian housing author24 ity’’;
71

•HR 3219 EH

1 (10) in section 25(m)(4), by striking ‘‘, except

2 that it does not include Indian housing authorities’’;

3 and

4 (11) in section 26, in subsections (a)(1) and

5 (b), by striking ‘‘(including an Indian housing au6 thority)’’ each place it appears.

7 (c) AMENDMENTS TO TITLE III.—Title III of the

8 United States Housing Act of 1937 (42 U.S.C. 1437aaa

9 et seq.) is amended—

10 (1) by striking the heading for the title and in11 serting the following:

12 ‘‘TITLE III—HOPE FOR PUBLIC

13 HOUSING HOMEOWNERSHIP’’;

14 (2) in section 306—

15 (A) in paragraph (1)(A), by striking ‘‘(in16 cluding an Indian housing authority)’’; and

17 (B) in paragraph (2)(A), by striking ‘‘or

18 Indian’’; and

19 (3) in section 307, by striking ‘‘and title II’’.

20 (d) OTHER RELATED PROVISIONS.—

21 (1) INDIAN HOUSING CHILD DEVELOPMENT.—

22 Section 519 of the Cranston-Gonzalez National Af23 fordable Housing Act (12 U.S.C. 1701z–6 note) is

24 hereby repealed.
72

•HR 3219 EH

1 (2) PUBLIC HOUSING YOUTH SPORTS.—Section

2 520 of the Cranston-Gonzalez National Affordable

3 Housing Act (42 U.S.C. 11903a) is amended—

4 (A) in subsection (b)—

5 (i) in paragraph (5), by inserting

6 ‘‘and’’ after the semicolon at the end;

7 (ii) by striking paragraphs (6) and

8 (7); and

9 (iii) by redesignating paragraph (8) as

10 paragraph (6);

11 (B) in subsection (e)(2), by striking ‘‘In12 dian tribes,’’;

13 (C) in subsection (i)—

14 (i) by striking paragraph (1); and

15 (ii) by redesignating paragraphs (2)

16 through (7) as paragraphs (1) through (6),

17 respectively; and

18 (D) in subsection (l)(5)(B), by striking

19 ‘‘units of general local government, and Indian

20 housing authorities’’ and inserting ‘‘and Indian

21 housing authorities’’.

22 (3) ALLOCATION OF FUNDS.—Section

23 213(d)(1)(B)(ii) of the Housing and Community De24 velopment Act of 1974 (42 U.S.C. 1439) is amended

25 by striking ‘‘and Indian’’.
73

•HR 3219 EH

1 SEC. 502. TERMINATION OF INDIAN HOUSING ASSISTANCE

2 UNDER UNITED STATES HOUSING ACT OF

3 1937.

4 (a) TERMINATION OF ASSISTANCE.—After Septem5 ber 30, 1997, financial assistance may not be provided

6 under the United States Housing Act of 1937 or pursuant

7 to any commitment entered into under such Act, for In8 dian housing developed or operated pursuant to a contract

9 between the Secretary and an Indian housing authority,

10 unless such assistance is provided from amounts made

11 available for fiscal year 1997 and pursuant to a commit12 ment entered into before September 30, 1997.

13 (b) TERMINATION OF RESTRICTIONS ON USE OF IN14 DIAN HOUSING.—After September 30, 1997, any housing

15 developed or operated pursuant to a contract between the

16 Secretary and an Indian housing authority pursuant to

17 the United States Housing Act of 1937 shall not be sub18 ject to any provision of such Act or any annual contribu19 tions contract or other agreement pursuant to such Act,

20 but shall be considered and maintained as affordable hous21 ing for purposes of this Act.

22 SEC. 503. TERMINATION OF NEW COMMITMENTS FOR RENT23 AL ASSISTANCE.

24 After September 30, 1997, financial assistance for

25 rental housing assistance under the United States Hous26 ing Act of 1937 may not be provided to any Indian hous-
74

•HR 3219 EH

1 ing authority or tribally designated housing entity, unless

2 such assistance is provided pursuant to a contract for such

3 assistance entered into by the Secretary and the Indian

4 housing authority before such date. Any such assistance

5 provided pursuant to such a contract shall be governed

6 by the provisions of the United States Housing Act of

7 1937 (as in effect before the date of the effectiveness of

8 this Act) and the provisions of such contract.

9 SEC. 504. TERMINATION OF YOUTHBUILD PROGRAM AS10 SISTANCE.

11 (a) IN GENERAL.—Subtitle D of title IV of the Cran12 ston-Gonzalez National Affordable Housing Act (42

13 U.S.C. 12899 et seq.) is amended—

14 (1) by redesignating section 460 as section 461;

15 and

16 (2) by inserting after section 459 the following

17 new section:

18 ‘‘SEC. 460. INELIGIBILITY OF INDIAN TRIBES.

19 ‘‘Indian tribes, Indian housing authorities, and other

20 agencies primarily serving Indians or Indian areas shall

21 not be eligible applicants for amounts made available for

22 assistance under this subtitle for fiscal year 1997 and fis23 cal years thereafter.’’.

24 (b) APPLICABILITY.—The amendments under sub25 section (a) shall apply with respect to amounts made avail-
75

•HR 3219 EH

1 able for assistance under subtitle D of title II of the Cran2 ston-Gonzalez National Affordable Housing Act for fiscal

3 year 1998 and fiscal years thereafter.

4 SEC. 505. TERMINATION OF HOME PROGRAM ASSISTANCE.

5 (a) IN GENERAL.—Title II of the Cranston-Gonzalez

6 National Affordable Housing Act (42 U.S.C. 12721 et

7 seq.) is amended—

8 (1) in section 217(a)—

9 (A) in paragraph (1), by striking ‘‘reserv10 ing amounts under paragraph (2) for Indian

11 tribes and after’’; and

12 (B) by striking paragraph (2); and

13 (2) in section 288—

14 (A) in subsection (a), by striking ‘‘, Indian

15 tribes,’’;

16 (B) in subsection (b), by striking ‘‘, Indian

17 tribe,’’; and

18 (C) in subsection (c)(4), by striking ‘‘, In19 dian tribe,’’.

20 (b) APPLICABILITY.—The amendments under sub21 section (a) shall apply with respect to amounts made avail22 able for assistance under title II of the Cranston-Gonzalez

23 National Affordable Housing Act for fiscal year 1998 and

24 fiscal years thereafter.
76

•HR 3219 EH

1 SEC. 506. TERMINATION OF HOUSING ASSISTANCE FOR THE

2 HOMELESS.

3 (a) MCKINNEY ACT PROGRAMS.—Title IV of the

4 Stewart B. McKinney Homeless Assistance Act (42 U.S.C.

5 11361 et seq.) is amended—

6 (1) in section 411, by striking paragraph (10);

7 (2) in section 412, by striking ‘‘, and for Indian

8 tribes,’’;

9 (3) in section 413—

10 (A) in subsection (a)—

11 (i) by striking ‘‘, and to Indian

12 tribes,’’; and

13 (ii) by striking ‘‘, or for Indian tribes’’

14 each place it appears;

15 (B) in subsection (c), by striking ‘‘or In16 dian tribe’’; and

17 (C) in subsection (d)(3)—

18 (i) by striking ‘‘, or Indian tribe’’ each

19 place it appears; and

20 (ii) by striking ‘‘, or other Indian

21 tribes,’’;

22 (4) in section 414(a)—

23 (A) by striking ‘‘or Indian tribe’’ each

24 place it appears; and
77

•HR 3219 EH

1 (B) by striking ‘‘, local government,’’ each

2 place it appears and inserting ‘‘or local govern3 ment’’;

4 (5) in section 415(c)(4), by striking ‘‘Indian

5 tribes,’’;

6 (6) in section 416(b), by striking ‘‘Indian

7 tribe,’’;

8 (7) in section 422—

9 (A) in by striking ‘‘Indian tribe,’’; and

10 (B) by striking paragraph (3);

11 (8) in section 441—

12 (A) by striking subsection (g);

13 (B) in subsection (h), by striking ‘‘or In14 dian housing authority’’; and

15 (C) in subsection (j)(1), by striking ‘‘, In16 dian housing authority’’;

17 (9) in section 462—

18 (A) in paragraph (2), by striking ‘‘, Indian

19 tribe,’’; and

20 (B) by striking paragraph (4); and

21 (10) in section 491(e), by striking ‘‘, Indian

22 tribes (as such term is defined in section 102(a) of

23 the Housing and Community Development Act of

24 1974),’’.
78

•HR 3219 EH

1 (b) INNOVATIVE HOMELESS DEMONSTRATION.—Sec2 tion 2(b) of the HUD Demonstration Act of 1993 (42

3 U.S.C. 11301 note) is amended—

4 (1) in paragraph (3), by striking ‘‘ ‘unit of gen5 eral local government’, and ‘Indian tribe’ ’’ and in6 serting ‘‘and ‘unit of general local government’ ’’;

7 and

8 (2) in paragraph (4), by striking ‘‘unit of gen9 eral local government (including units in rural

10 areas), or Indian tribe’’ and inserting ‘‘or unit of

11 general local government’’.

12 (c) APPLICABILITY.—The amendments under sub13 sections (a) and (b) shall apply with respect to amounts

14 made available for assistance under title IV of the Stewart

15 B. McKinney Homeless Assistance Act and section 2 of

16 the HUD Demonstration Act of 1993, respectively, for fis17 cal year 1998 and fiscal years thereafter.

18 SEC. 507. SAVINGS PROVISION.

19 (a) EXISTING RIGHTS AND DUTIES.—Except as pro20 vided in sections 502 and 503, this Act may not be con21 strued to affect the validity of any right, duty, or obliga22 tion of the United States or other person arising under

23 or pursuant to any commitment or agreement lawfully en24 tered into before October 1, 1997, under the United States

25 Housing Act of 1937, subtitle D of title IV of the Cran-
79

•HR 3219 EH

1 ston-Gonzalez National Affordable Housing Act, title II

2 of the Cranston-Gonzalez National Affordable Housing

3 Act, title IV of the Stewart B. McKinney Homeless Assist4 ance Act, or section 2 of the HUD Demonstration Act

5 of 1993.

6 (b) OBLIGATIONS UNDER REPEALED PROVISIONS.—

7 Notwithstanding the amendments made by this title, any

8 obligation of the Secretary made under or pursuant to

9 subtitle D of title IV of the Cranston-Gonzalez National

10 Affordable Housing Act, title II of the Cranston-Gonzalez

11 National Affordable Housing Act, title IV of the Stewart

12 B. McKinney Homeless Assistance Act, or section 2 of the

13 HUD Demonstration Act of 1993 shall continue to be gov14 erned by the provisions of such Acts (as in effect before

15 the date of the effectiveness of the amendments made by

16 this title).

17 SEC. 508. EFFECTIVE DATE.

18 Sections 502, 503, and 507 shall take effect on the

19 date of the enactment of this Act.

20 TITLE VI—FEDERAL GUARAN21 TEES FOR FINANCING FOR

22 TRIBAL HOUSING ACTIVITIES

23 SEC. 601. AUTHORITY AND REQUIREMENTS.

24 (a) AUTHORITY.—To such extent or in such amounts

25 as provided in appropriation Acts, the Secretary may, sub-
80

•HR 3219 EH

1 ject to the limitations of this title (including limitations

2 designed to protect and maintain the viability of rental

3 housing units owned or operated by the recipient that were

4 developed under a contract between the Secretary and an

5 Indian housing authority pursuant to the United States

6 Housing Act of 1937), and upon such terms and condi7 tions as the Secretary may prescribe, guarantee and make

8 commitments to guarantee, the notes or other obligations

9 issued by Indian tribes or tribally designated housing enti10 ties with tribal approval, for the purposes of financing af11 fordable housing activities described in section 202.

12 (b) LACK OF FINANCING ELSEWHERE.—A guarantee

13 under this title may be used to assist an Indian tribe or

14 housing entity in obtaining financing only if the Indian

15 tribe or housing entity has made efforts to obtain such

16 financing without the use of such guarantee and cannot

17 complete such financing consistent with the timely execu18 tion of the program plans without such guarantee.

19 (c) TERMS OF LOANS.—Notes or other obligations

20 guaranteed pursuant to this title shall be in such form

21 and denominations, have such maturities, and be subject

22 to such conditions as may be prescribed by regulations is23 sued by the Secretary. The Secretary may not deny a

24 guarantee under this title on the basis of the proposed

25 repayment period for the note or other obligation, unless
81

•HR 3219 EH

1 the period is more than 20 years or the Secretary deter2 mines that the period causes the guarantee to constitute

3 an unacceptable financial risk.

4 (d) LIMITATION ON OUTSTANDING GUARANTEES.—

5 No guarantee or commitment to guarantee shall be made

6 with respect to any note or other obligation if the total

7 outstanding notes or obligations of the issuer guaranteed

8 under this title (excluding any amount defeased under the

9 contract entered into under section 602(a)(1)) would

10 thereby exceed an amount equal to 5 times the amount

11 of the grant approval for the issuer pursuant to title III.

12 SEC. 602. SECURITY AND REPAYMENT.

13 (a) REQUIREMENTS ON ISSUER.—To assure the re14 payment of notes or other obligations and charges in15 curred under this title and as a condition for receiving

16 such guarantees, the Secretary shall require the Indian

17 tribe or housing entity issuing such notes or obligations

18 to—

19 (1) enter into a contract, in a form acceptable

20 to the Secretary, for repayment of notes or other ob21 ligations guaranteed under this title;

22 (2) pledge any grant for which the issuer may

23 become eligible under this Act;

24 (3) demonstrate that the extent of such issu25 ance and guarantee under this title is within the fi-
82

•HR 3219 EH

1 nancial capacity of the tribe and is not likely to im2 pair the ability to use grant amounts under title I,

3 taking into consideration the requirements under

4 section 203(b); and

5 (4) furnish, at the discretion of the Secretary,

6 such other security as may be deemed appropriate

7 by the Secretary in making such guarantees, includ8 ing increments in local tax receipts generated by the

9 activities assisted under this Act or disposition pro10 ceeds from the sale of land or rehabilitated property.

11 (b) REPAYMENT FROM GRANT AMOUNTS.—Notwith12 standing any other provision of this Act—

13 (1) the Secretary may apply grants pledged

14 pursuant to subsection (a)(2) to any repayments due

15 the United States as a result of such guarantees;

16 and

17 (2) grants allocated under this Act for an In18 dian tribe or housing entity (including program in19 come derived therefrom) may be used to pay prin20 cipal and interest due (including such servicing, un21 derwriting, and other costs as may be specified in

22 regulations issued by the Secretary) on notes or

23 other obligations guaranteed pursuant to this title.

24 (c) FULL FAITH AND CREDIT.—The full faith and

25 credit of the United States is pledged to the payment of
83

•HR 3219 EH

1 all guarantees made under this title. Any such guarantee

2 made by the Secretary shall be conclusive evidence of the

3 eligibility of the obligations for such guarantee with re4 spect to principal and interest, and the validity of any such

5 guarantee so made shall be incontestable in the hands of

6 a holder of the guaranteed obligations.

7 SEC. 603. PAYMENT OF INTEREST.

8 The Secretary may make, and contract to make,

9 grants, in such amounts as may be approved in appropria10 tions Acts, to or on behalf of an Indian tribe or housing

11 entity issuing notes or other obligations guaranteed under

12 this title, to cover not to exceed 30 percent of the net in13 terest cost (including such servicing, underwriting, or

14 other costs as may be specified in regulations of the Sec15 retary) to the borrowing entity or agency of such obliga16 tions. The Secretary may also, to the extent approved in

17 appropriation Acts, assist the issuer of a note or other

18 obligation guaranteed under this title in the payment of

19 all or a portion of the principal and interest amount due

20 under the note or other obligation, if the Secretary deter21 mines that the issuer is unable to pay the amount because

22 of circumstances of extreme hardship beyond the control

23 of the issuer.
84

•HR 3219 EH

1 SEC. 604. TRAINING AND INFORMATION.

2 The Secretary, in cooperation with eligible public en3 tities, shall carry out training and information activities

4 with respect to the guarantee program under this title.

5 SEC. 605. LIMITATIONS ON AMOUNT OF GUARANTEES.

6 (a) AGGREGATE FISCAL YEAR LIMITATION.—Not7 withstanding any other provision of law and subject only

8 to the absence of qualified applicants or proposed activities

9 and to the authority provided in this title, to the extent

10 approved or provided in appropriation Acts, the Secretary

11 may enter into commitments to guarantee notes and obli12 gations under this title with an aggregate principal

13 amount not to exceed $400,000,000 for each of fiscal

14 years 1997, 1998, 1999, 2000, and 2001.

15 (b) AUTHORIZATION OF APPROPRIATIONS FOR CRED16 IT SUBSIDY.—There are authorized to be appropriated to

17 cover the costs (as such term is defined in section 502

18 of the Congressional Budget Act of 1974) of guarantees

19 under this title such sums as may be necessary for each

20 of fiscal years 1997, 1998, 1999, 2000, and 2001.

21 (c) AGGREGATE OUTSTANDING LIMITATION.—The

22 total amount of outstanding obligations guaranteed on a

23 cumulative basis by the Secretary pursuant to this title

24 shall not at any time exceed $2,000,000,000 or such high25 er amount as may be authorized to be appropriated for

26 this title for any fiscal year.
85

•HR 3219 EH

1 (d) FISCAL YEAR LIMITATIONS ON TRIBES.—The

2 Secretary shall monitor the use of guarantees under this

3 title by Indian tribes. If the Secretary finds that 50 per4 cent of the aggregate guarantee authority under sub5 section (c) has been committed, the Secretary may—

6 (1) impose limitations on the amount of guar7 antees any one Indian tribe may receive in any fiscal

8 year of $50,000,000; or

9 (2) request the enactment of legislation increas10 ing the aggregate outstanding limitation on guaran11 tees under this title.

12 SEC. 606. EFFECTIVE DATE.

13 This title shall take effect on the date of the enact14 ment of this Act.

15 TITLE VII—OTHER HOUSING AS16 SISTANCE FOR NATIVE AMER17 ICANS

18 SEC. 701. LOAN GUARANTEES FOR INDIAN HOUSING.

19 (a) DEFINITION OF ELIGIBLE BORROWERS TO IN20 CLUDE INDIAN TRIBES.—Section 184 of the Housing and

21 Community Development Act of 1992 (12 U.S.C. 1515z–

22 13a) is amended—

23 (1) in subsection (a)—
86

•HR 3219 EH

1 (A) by striking ‘‘and Indian housing au2 thorities’’ and inserting ‘‘, Indian housing au3 thorities, and Indian tribes,’’; and

4 (B) by striking ‘‘or Indian housing author5 ity’’ and inserting ‘‘, Indian housing authority,

6 or Indian tribe’’; and

7 (2) in subsection (b)(1), by striking ‘‘or Indian

8 housing authorities’’ and inserting ‘‘, Indian housing

9 authorities, or Indian tribes’’.

10 (b) NEED FOR LOAN GUARANTEE.—Section 184(a)

11 of the Housing and Community Development Act of 1992

12 (12 U.S.C. 1715z–13a(a)) is amended by striking ‘‘trust

13 land’’ and inserting ‘‘lands or as a result of a lack of ac14 cess to private financial markets’’.

15 (c) IHP REQUIREMENT.—Section 184(b)(2) of the

16 Housing and Community Development Act of 1992 (12

17 U.S.C. 1715z–13a(b)(2)) is amended by inserting before

18 the period at the end the following: ‘‘that is under the

19 jurisdiction of an Indian tribe for which an Indian housing

20 plan has been submitted and approved pursuant to sec21 tions 102 and 103 of the Native American Housing Assist22 ance and Self-Determination Act of 1996 that provides for

23 the use of loan guarantees under this section to provide

24 affordable homeownership housing in such areas’’.
87

•HR 3219 EH

1 (d) LENDER OPTION TO OBTAIN PAYMENT UPON

2 DEFAULT WITHOUT FORECLOSURE.—Section 184(h) of

3 the Housing and Community Development Act of 1992

4 (12 U.S.C. 1715z–13a(h)) is amended—

5 (1) in paragraph (1)(A)—

6 (A) in the first sentence of clause (i), by

7 striking ‘‘in a court of competent jurisdiction’’;

8 and

9 (B) by striking clause (ii) and inserting the

10 following:

11 ‘‘(ii) NO FORECLOSURE.—Without

12 seeking foreclosure (or in any case in

13 which a foreclosure proceeding initiated

14 under clause (i) continues for a period in

15 excess of 1 year), the holder of the guaran16 tee may submit to the Secretary a request

17 to assign the obligation and security inter18 est to the Secretary in return for payment

19 of the claim under the guarantee. The Sec20 retary may accept assignment of the loan

21 if the Secretary determines that the as22 signment is in the best interests of the

23 United States. Upon assignment, the Sec24 retary shall pay to the holder of the guar25 antee the pro rata portion of the amount
88

•HR 3219 EH

1 guaranteed (as determined under sub2 section (e)). The Secretary shall be sub3 rogated to the rights of the holder of the

4 guarantee and the holder shall assign the

5 obligation and security to the Secretary.’’;

6 (2) by striking paragraph (2); and

7 (3) by redesignating paragraph (3) as para8 graph (2).

9 (e) LIMITATION OF MORTGAGEE AUTHORITY.—Sec10 tion 184(h)(2) of the Housing and Community Develop11 ment Act of 1992 (12 U.S.C. 1715z–13a(h)(2)), as so re12 designated by subsection (e)(3) of this section, is amend13 ed—

14 (1) in the first sentence, by striking ‘‘tribal al15 lotted or trust land,’’ and inserting ‘‘restricted In16 dian land, the mortgagee or’’; and

17 (2) in the second sentence, by striking ‘‘Sec18 retary’’ each place it appears, and inserting ‘‘mort19 gagee or the Secretary’’.

20 (f) LIMITATION ON OUTSTANDING AGGREGATE

21 PRINCIPAL AMOUNT.—Section 184(i)(5)(C) of the Hous22 ing and Community Development Act of 1992 (12 U.S.C.

23 1715z–13a(i)(5)(C)) is amended by striking ‘‘1993’’ and

24 all that follows through ‘‘such year’’ and inserting ‘‘1997,

25 1998, 1999, 2000, and 2001 with an aggregate outstand-
89

•HR 3219 EH

1 ing principal amount note exceeding $400,000,000 for

2 each such fiscal year’’.

3 (g) AUTHORIZATION OF APPROPRIATIONS FOR GUAR4 ANTEE FUND.—Section 184(i)(7) of the Housing and

5 Community Development Act of 1992 (12 U.S.C. 1715z–

6 13a(i)(7)) is amended by striking ‘‘such sums’’ and all

7 that follows through ‘‘1994’’ and inserting ‘‘such sums as

8 may be necessary for each of fiscal years 1997, 1998,

9 1999, 2000, and 2001’’.

10 (h) DEFINITIONS.—Section 184(k) of the Housing

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

12 1715z–13a(k)) is amended—

13 (1) in paragraph (4), by inserting after ‘‘au14 thority’’ the following: ‘‘or Indian tribe’’;

15 (2) in paragraph (5)—

16 (A) by striking subparagraph (A) and in17 serting the following new subparagraph:

18 ‘‘(A) is authorized to engage in or assist in

19 the development or operation of—

20 ‘‘(i) low-income housing for Indians;

21 or

22 ‘‘(ii) housing subject to the provisions

23 of this section; and’’; and

24 (B) by adding at the end the following:
90

•HR 3219 EH

1 ‘‘The term includes tribally designated housing enti2 ties under the Native American Housing Assistance

3 and Self-Determination Act of 1996.’’; and

4 (3) by striking paragraph (8) and inserting the

5 following new paragraph:

6 ‘‘(8) TRIBE; INDIAN TRIBE.—The term ‘tribe’

7 or ‘Indian tribe’ means any Indian tribe, band, na8 tion, or other organized group or community of Indi9 ans, including any Alaska Native village or regional

10 or village corporation as defined in or established

11 pursuant to the Alaska Native Claims Settlement

12 Act, that is recognized as eligible for the special pro13 grams and services provided by the United States to

14 Indians because of their status as Indians pursuant

15 to the Indian Self-Determination and Education As16 sistance Act of 1975.’’.

17 (i) PRINCIPAL OBLIGATION AMOUNTS.—Section

18 184(b)(5)(C) of the Housing and Community Develop19 ment Act of 1992 (12 U.S.C. 1715z–13a(b)(5)(C)) is

20 amended by striking clause (i) and inserting the following

21 new clause:

22 ‘‘(i) 97.75 percent of the appraised

23 value of the property as of the date the

24 loan is accepted for guarantee (or 98.75
91

•HR 3219 EH

1 percent if the value of the property is

2 $50,000 or less); and’’.

3 (j) AVAILABILITY OF AMOUNTS.—

4 (1) REQUIREMENT OF APPROPRIATIONS.—Sec5 tion 184(i)(5) of the Housing and Community De6 velopment Act of 1992 (12 U.S.C. 1715z–13a(i)(5))

7 is amended by striking subparagraph (A) and insert8 ing the following:

9 ‘‘(A) REQUIREMENT OF APPROPRIA10 TIONS.—The authority of the Secretary to enter

11 into commitments to guarantee loans under this

12 section shall be effective for any fiscal year to

13 the extent or in such amounts as are or have

14 been provided in appropriations Acts, without

15 regard to the fiscal year for which such

16 amounts were appropriated.’’.

17 (2) COSTS.—Section 184(i)(5)(B) of the Hous18 ing and Community Development Act of 1992 (12

19 U.S.C. 1715z–13a(i)(5)(B)) is amended by adding

20 at the end the following new sentence: ‘‘Any

21 amounts appropriated pursuant to this subpara22 graph shall remain available until expended.’’.

23 (k) GNMA AUTHORITY.—The first sentence of sec24 tion 306(g)(1) of the Federal National Mortgage Associa25 tion Charter Act (12 U.S.C. 1721(g)(1)) is amended by
92

•HR 3219 EH

1 inserting before the period at the end the following: ‘‘; or

2 guaranteed under section 184 of the Housing and Com3 munity Development Act of 1992’’.

4 SEC. 702. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RE5 STRICTED LANDS FOR HOUSING PURPOSES.

6 (a) AUTHORITY TO LEASE.—Notwithstanding any

7 other provision of law, any trust or restricted Indian lands,

8 whether tribally or individually owned, may be leased by

9 the Indian owners, subject to the approval of the affected

10 Indian tribe and the Secretary of the Interior, for housing

11 development and residential purposes.

12 (b) TERM.—Each lease pursuant to subsection (a)

13 shall be for a term not exceeding 50 years.

14 (c) RULE OF CONSTRUCTION.—This section may not

15 be construed to repeal, limit, or affect any authority to

16 lease any trust or restricted Indian lands that—

17 (1) is conferred by or pursuant to any other

18 provision of law; or

19 (2) provides for leases for any period exceeding

20 50 years.

21 (d) SELF-IMPLEMENTATION.—This section is in22 tended to be self-implementing and shall not require the

23 issuance of any rule, regulation, or order to take effect

24 as provided in section 705.
93

•HR 3219 EH

1 SEC. 703. TRAINING AND TECHNICAL ASSISTANCE.

2 There are authorized to be appropriated for assist3 ance for a national organization representing Native

4 American housing interests for providing training and

5 technical assistance to Indian housing authorities and

6 tribally designated housing entities such sums as may be

7 necessary for each of fiscal years 1997, 1998, 1999, 2000,

8 and 2001.

9 SEC. 704. PUBLIC AND ASSISTED HOUSING DRUG ELIMI10 NATION ACT OF 1990.

11 The Public and Assisted Housing Drug Elimination

12 Act of 1990 (42 U.S.C. 11901 et seq.) is amended—

13 (1) in section 5123—

14 (A) by striking ‘‘(including Indian Housing

15 Authorities)’’; and

16 (B) by inserting ‘‘tribally designated hous17 ing entities,’’ before ‘‘and private’’; and

18 (2) in section 5124(a)(7)—

19 (A) by inserting ‘‘or tribally designated

20 housing entity’’ after ‘‘public housing agency’’;

21 and

22 (B) by striking ‘‘public housing’’ after non23 profit;

24 (3) in section 5125, by inserting ‘‘a tribally des25 ignated housing entity,’’ after ‘‘resident management

26 corporation,’’; and
94

•HR 3219 EH

1 (4) in section 5126—

2 (A) in paragraph (4)—

3 (i) in subparagraph (B), by striking

4 ‘‘or’’ at the end;

5 (ii) in subparagraph (C), by striking

6 the period at the end and inserting ‘‘; or’’;

7 and

8 (iii) by adding at the end the follow9 ing new subparagraph:

10 ‘‘(D) the Native American Housing Assist11 ance and Self-Determination Act.’’; and

12 (B) by adding at the end the following new

13 paragraph:

14 ‘‘(5) TRIBALLY DESIGNATED HOUSING EN15 TITY.—The term ‘tribally designated housing entity’

16 has the meaning given such term in section 4 of the

17 Native American Housing Assistance and Self-De18 termination Act of 1996.’’.
95

•HR 3219 EH

1 SEC. 705. EFFECTIVE DATE.

2 This title and the amendments made by this title (but

3 not including the amendments made by section 704) shall

4 take effect on the date of the enactment of this Act.

Passed the House of Representatives September 28,

1996.

Attest:

Clerk.