59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–295 

NATIVE AMERICAN HOUSING ASSISTANCE AND SELFDETERMINATION REAUTHORIZATION ACT OF 2007 

AUGUST 3, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. FRANK of Massachusetts, from the Committee on Financial 

Services, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 2786] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Financial Services, to whom was referred the 

bill (H.R. 2786) to reauthorize the programs for housing assistance 

for Native Americans, having considered the same, report favorably 

thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 3 

Performance Goals and Objectives ......................................................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Committee Cost Estimate ....................................................................................... 4 

Congressional Budget Office Estimate ................................................................... 4 

Federal Mandates Statement ................................................................................. 6 

Advisory Committee Statement .............................................................................. 6 

Constitutional Authority Statement ...................................................................... 7 

Applicability to Legislative Branch ........................................................................ 7 

Earmark Identification ............................................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 9 

Additional Views ...................................................................................................... 18 


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PURPOSE AND SUMMARY

H.R. 2786, the Native American Housing Assistance Self Determination Reauthorization Act of 2007, reauthorizes the Native 

American Housing Assistance Self Determination Act (NAHASDA) 

of 1996 for five years and amends the law to address housing needs 

in Indian Country. 

The bill clarifies rules and regulations that apply to NAHASDA 

to remove regulatory burdens and make it easier for tribes to execute their Indian Housing Plans pursuant to NAHASDA. The bill 

also attempts to encourage tribes to participate in low income housing tax credit projects and the Title VI loan guarantee program, 

and to compete for HOME funds. The bill also creates a self- determination housing program to allow tribes to make independent decisions regarding the use of a portion of their NAHASDA grant to 

acquire, rehabilitate, and construct housing. 

BACKGROUND AND NEED FOR LEGISLATION

NAHASDA was signed into law in 1996, and was reauthorized 

in 2002 for five years. NAHASDA reorganized and simplified the 

Department of Housing and Urban Development’s (HUD) system of 

housing assistance to American Indians and Alaska Natives by 

eliminating several separate HUD programs and replacing them 

with a single block grant program made directly to tribes. The purpose of NAHASDA is to provide Federal assistance for Indian 

tribes in a manner that recognizes the right of tribal self-governance. 

Through the amendments made to the Act under this bill, the 

Committee seeks to confirm the right of tribal self-governance and 

to reduce regulatory burdens on tribes in connection with the execution of their Indian Housing Plans pursuant to NAHASDA. 

The Committee recognizes the desire of tribes to have reduced 

oversight and burdensome regulations, and more self-determination 

in regard to the use of NAHASDA grant funds. The Committee addresses this desire by including a provision in the bill to provide 

for a self-determination housing program whereby tribes may use 

up to 15 percent (capped at $1 million) of their annual NAHASDA 

grant for self-determined housing activities, which housing activities will not require approval nor be subject to annual oversight, 

but will be subject to oversight in year four prior to any future reauthorization of the program. It is the desire of the Committee that 

this program be used to benefit low-income housing needs in Indian 

Country, specifically the acquisition, rehabilitation, and construction of such housing. 

The Committee also recognizes the need for economic development and infrastructure in conjunction with successful affordable 

housing developments. The Committee will work on separate legislation to address economic development and infrastructure in conjunction with the acquisition, rehabilitation, and construction of affordable housing in Indian Country. 

HEARINGS

The Subcommittee on Housing and Community Opportunity held 

a hearing entitled ‘‘Reauthorization of the Native American HousVerDate Aug 31 2005 12:27 Aug 04, 2007 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR295.XXX HR295

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ing Assistance and Self-Determination Act’’ on June 6, 2007. The 

following witnesses testified: 

Panel One: 

• The Honorable Orlando J. Cabrera, Assistant Secretary for 

Public and Indian Housing, U.S. Department of Housing and 

Urban Development 

Panel Two: 

• Ms. Cheryl Parish, Vice Chairwoman, National American Indian Housing Council • Ms. Sami Jo Difuntorum, Executive Director, Karuk Tribe 

Housing Authority • Ms. Aneva J. Yazzie, Chief Executive Officer, Navajo Housing 

Authority • Mr. Wendsler Nosie, Sr., Chairman, San Carlos Apache Tribe • Ms. Jacqueline L. Johnson, Executive Director, National Congress of American Indians • Mr. Mark Chino, President, Mescalero Apache Tribe 

COMMITTEE CONSIDERATION

The Committee on Financial Services met in open session on 

June 26, 2007, and ordered H.R. 2786, Native American Housing 

Assistance and Self-Determination Act of 2007, reported by a voice 

vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. No record votes were 

taken with in conjunction with the consideration of this legislation. 

A motion by Mr. Frank to report the bill to the House with a favorable recommendation was agreed to by a voice vote. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the Committee establishes the following performance related goals and objectives for this legislation: 

H.R. 2786, the Native American Housing Assistance Self Determination Reauthorization Act of 2007, reauthorizes NAHASDA for 

five years through 2012, and amends the law to address housing 

needs in Indian Country with the goal to provide affordable housing in Indian Country. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 


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the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 29, 2007. 

Hon. BARNEY FRANK, Chairman, Committee on Financial Services, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2786, the Native American Housing Assistance and Self-Determination Reauthorization 

Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Chad Chirico. 

Sincerely, 

PETER R. ORSZAG, 

Director. 

Enclosure. 

H.R. 2786—Native American Housing Assistance and Self-Determination Reauthorization Act of 2007 

Summary: H.R. 2786 would reauthorize the Native American and 

Native Hawaiian Block Grant programs and would authorize the 

appropriation of such sums as necessary for those programs for 

each of fiscal years 2008 through 2012. In addition, the bill would 

reauthorize the loan program under Title VI of the Native American Housing Assistance and Self-Determination Act of 1996 for fiscal years 2008 through 2012. 

CBO estimates that appropriation of the amounts necessary to 

implement H.R. 2786 would cost $2.2 billion over the 2008–2012 

period. Enacting H.R. 2786 would not affect direct spending or revenues. 

H.R. 2786 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA); 

any costs to state, local, and tribal governments would be incurred 

voluntarily. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2786 is shown in the following table. The costs 

of this legislation fall within budget function 600 (income security). 


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By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law: 

Budget Authority 1 ................................................... 633 0 0 0 0 0 

Estimated Outlays ................................................... 597 383 266 185 111 46 

Proposed Changes: 

Native American Housing Block Grants: 

Estimated Authorization Level ........................ 0 634 645 657 669 680 

Estimated Outlays .......................................... 0 231 362 459 541 616 

Title VI Loan Guarantees: 

Estimated Authorization Level ........................ 0 2 2 2 2 2 

Estimated Outlays .......................................... 0 2 2 2 2 2 

Training and Technical Assistance: 

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

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

Native Hawaiian Housing Block Grants: 

Estimated Authorization Level ........................ 0 9 9 10 10 10 

Estimated Outlays .......................................... 0 1 3 5 7 9 

Total Changes: 

Estimated Authorization Level ............... 0 646 657 670 682 694 

Estimated Outlays ................................. 0 235 368 467 550 628 

Spending Under H.R. 2786 for Native American Housing 

Programs: 

Estimated Authorization Level 1 .............................. 633 646 657 670 682 694 

Estimated Outlays ................................................... 597 619 634 652 662 674 

1 The 2007 level is the amount appropriated in that year for Native American Housing Block Grants, Title VI Loan Guarantees, and Native Hawaiian Housing Block Grants. 

Basis of Estimate: CBO estimates that implementing H.R. 2786 

would cost $2.2 billion over the next five years, assuming the appropriation of the necessary funds. For this estimate, CBO assumes 

that the bill will be enacted near the start of fiscal year 2008 and 

that appropriated funds will be spent at historical rates for the affected programs. 

Native American Housing Block Grants 

Section 2 would authorize the appropriation of such sums as necessary for the Native American Housing Block Grant program from 

2008 through 2012. The block grant program provides funding to 

tribes to acquire, construct, rehabilitate, or manage affordable 

housing for low-income Native American families. In 2007, $622 

million was appropriated for this program. Assuming continued appropriations at that level and adjusting for anticipated inflation, 

CBO estimates that implementing this section would cost $2.2 

billon over the 2008–2012 period. 

Title VI loan guarantees 

Section 6 would extend the authorization of the Title VI loan 

guarantee program through 2012. Such guarantees allow Native 

American Block Grant recipients to leverage their funding by 

pledging future grants as security for the repayment of a loan. A 

private lender provides the financing and the Department of Housing and Urban Development (HUD) provides a 95 percent guarantee of the principal and interest due in the case of a default. The 

size of the Title VI loans can be no larger than five times the grant 

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

received an appropriation for subsidy costs of $2 million, which will 

support about $17 million in loans. Assuming appropriation of 


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similar amounts, CBO estimates that implementing this section 

would cost $11 million in additional subsidy costs through 2012. 

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

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

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

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

perhaps substantially. 

Training and technical assistance 

Section 7 would authorize the appropriation of such sums as necessary for the 2008–2012 period to fund a national organization 

representing the housing interests of Native Americans to provide 

training and technical assistance to Indian housing authorities. 

Such assistance is intended to build the housing authorities’ capacity to administer housing programs in accordance with federal regulations. In 2006, the most recent year in which funds were provided, $1 million was appropriated to be used by the National 

American Indian Housing Council for these purposes. Assuming appropriation of similar amounts, CBO estimates that implementing 

this section would cost $5 million through 2012. 

Native Hawaiian Housing Block Grants 

Section 8 would authorize the appropriation of such sums as necessary for the Native Hawaiian Housing Block Grant program from 

2008 through 2012. Program grants are used to develop, maintain, 

and operate affordable housing for low-income Native Hawaiian 

families through the Department of Hawaiian Home Lands. In 

2007, $9 million was appropriated for this program. Assuming continued appropriations at that level and adjusting for anticipated inflation, CBO estimates that implementing this section would cost 

about $25 million through 2012. 

Intergovernmental and private-sector impact: H.R. 2786 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. Grants authorized in the bill would benefit the state of Hawaii and tribal governments that participate in housing assistance 

programs. Any costs to those governments of complying with grant 

conditions would be incurred voluntarily. 

Estimate prepared by: Federal costs: Chad Chirico; Impact on 

state, local, and tribal governments: Lisa Ramirez-Branum; Impact 

on the private sector: Peter Richmond. 

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

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional 

Authority of Congress to enact this legislation is provided by Article 1, section 8, clause 1 (relating to the general welfare of the 

United States) and clause 3 (relating to the power to regulate interstate commerce). 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

EARMARK IDENTIFICATION

H.R. 2786 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. The short title is the ‘‘Native American Housing Assistance and Self-Determination Reauthorization Act of 2007’’

Section 2. Indian Housing Block Grant reauthorization and amendments 

This section authorizes sums as necessary for the Indian Housing 

Block Grant for five years. In 2006 and 2007 the block grant was 

$624 million (which is divided among more than 550 tribes by formula). The President’s 2008 budget requests $627 million for the 

block grant. 

The section makes the following amendments to NAHASDA: 

• Federal Supply Sources—The purpose of this amendment is to 

make Federal supply sources through the GSA more accessible to 

tribes—for example, allowing tribes and TDHEs (tribally designated housing entities) to receive government discounts when 

traveling for housing business. 

• Tribal Preference in Employment and Contracting—The purpose of this amendment is to expressly recognize tribal preference 

(pursuant to tribal law), in addition to Indian preference (which is 

already in statute), in hiring and contracting for NAHASDA activities. 

• Program Income—The purpose of this amendment is to exclude 

from NAHASDA program income the development fee paid to 

tribes in connection with a low income housing tax credit project. 

• Essential Families—This amendment permits tribes and 

TDHEs to provide housing or housing assistance through 

NAHASDA to any family determined to be essential to the well 

being of the community—Indian or non-Indian families. An example of an essential family is a doctor in a very rural area where 

other housing is not available. 

• Eligibility of Local Law Enforcement Officers—This amendment adds ‘‘local’’ law enforcement as an eligible family for 

NAHASDA funding. Currently the reference is to ‘‘county’’ which in 


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some cases is not sufficient to cover all law enforcement officers 

that serve Indian Country. • Operation and Maintenance Costs—The amendment expressly 

provides that the NAHASDA grant may be used to support operational costs of units built with NAHASDA funds, such as rental 

assistance. In practice this already happens. • Reserve Accounts—The amendment allows tribes to establish a 

reserve account up to 20 percent of their NAHASDA grant. It must 

be invested pursuant to NAHASDA requirements and any interest 

income is considered NAHASDA program income. The use of the 

funds is subject to the tribes housing plan approved by HUD. • Use of Grant Amounts over Extended Periods (Carryover)— The amendment expressly permits a tribe to carry over its 

NAHASDA grant from year to year. In practice this already happens. Carry-over funds are subject to a tribe’s housing plan approved by HUD. • De Minimis Exemption for Procurement—This amendment 

eliminates the competitive procurement rules and procedures for 

purchases of goods and services under $5,000. (Tribes will no 

longer have to obtain a competitive bid for a $20 hammer.) • Availability of Records (Criminal background checks)—Tribes 

and TDHEs may currently obtain a criminal background check on 

tenants. This amendment expands the check to applicants for employment for work with a TDHE or doing housing-related work for 

a tribe. 

Section 3. Self-determined housing activities for tribal communities 

This section creates a self-determination program whereby tribes may set aside 15 percent of their NAHASDA grant, up to $1 million, for housing activities that are not approved or directly regulated by HUD. In 2011, HUD will conduct a review of the program 

based on results and report to Congress. Tribes are prohibited from 

using the money for infrastructure, commercial and economic development, and operating costs. 

Section 4. HOME 

This section provides that NAHASDA does not prohibit tribes 

from competing for HOME funds; and allows tribes to more freely 

compete for HOME funds. It clarifies that a state may not prohibit 

such competition for HOME funds based on NAHASDA. 

Section 5. GAO study of NAHASDA 

Requires GAO to study the effectiveness of NAHASDA for tribes 

of different sizes; specifically with respect to smaller tribes for 

which grants of lesser or minimum amounts have been made under 

the Act. GAO must report to Congress in 12 months and make recommendations regarding any appropriate changes to NAHASDA 

derived from the study. 

Section 6. Title VI loan guarantees education program and reauthorization of the loan guarantee program 

This section requires HUD to conduct educational seminars with 

tribes on how to utilize the loan guarantee program authorized 

under Title VI and reauthorizes sums as necessary for the Title VI 

loan guarantee program for five years. Under the Title VI loan 


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guarantee program, tribes can use future NAHASDA grants as collateral to obtain loans for housing activities. 

Section 7. Title VII training and technical assistance reauthorization 

This section reauthorizes sums as necessary for a national organization that represents the housing needs of tribes to provide 

training and technical assistance to tribes regarding housing. 

Section 8. Title VIII Native Hawaiian block grant reauthorization 

This section reauthorizes sums as necessary for the housing assistance program and block grant for Native Hawaiians for five 

years. It makes no program changes. The Native Hawaiian block 

grant was $9 million in 2006 and 2007. The President’s budget requests $6 million for 2008. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

NATIVE AMERICAN HOUSING ASSISTANCE AND SELFDETERMINATION ACT OF 1996 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) * * * 

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

follows: 

Sec. 1. Short title. 

* * * * * * * 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Subtitle A—General Block Grant Program 

* * * * * * * 

Subtitle B—Self-Determined Housing Activities for Tribal Communities 

Sec. 231. Purposes. 

Sec. 232. Authority. 

Sec. 233. Use of amounts for housing activities. 

Sec. 234. Inapplicability of other provisions. 

Sec. 235. Review and report. 

* * * * * * * 

TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER 

INCORPORATED PROGRAMS 

* * * * * * * 

Sec. 509. Effect on HOME Investment Partnerships Act. 

* * * * * * * 


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TITLE I—BLOCK GRANTS AND GRANT 

REQUIREMENTS 

SEC. 101. BLOCK GRANTS. 

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

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

grants under this section on behalf of Indian tribes to carry out affordable housing activities under subtitle A of title II and to carry 

out self-determined housing activities for tribal communities programs under subtitle B of such title. Under such a grant on behalf 

of an Indian tribe, the Secretary shall provide the grant amounts 

for the tribe directly to the recipient for the tribe. 

* * * * * * * 

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

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

used only for affordable housing activities under title II that are 

consistent with an Indian housing plan approved under section 

103. 

* * * * * * * 

(j) FEDERAL SUPPLY SOURCES.—For purposes of section 501 of 

title 40, United States Code (relating to services for executive agencies), an Indian tribe or tribally designated housing entity shall be 

considered to be an executive agency when carrying out housing programs, services, functions and activities under the tribe or tribally 

designated housing entity, and its employees shall be eligible to 

have access to such sources of supply on the same basis as employees of an executive agency. 

(k) TRIBAL PREFERENCE IN EMPLOYMENT AND CONTRACTING.—

Notwithstanding any other provision of law, with respect to any 

grant made under this Act on behalf of an Indian tribe that is intended to benefit one tribe, the tribal employment or contract preference laws adopted by such tribe shall govern with respect to the 

administration of the grant or portion of the grant. 

SEC. 102. INDIAN HOUSING PLANS. 

(a) * * * 

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

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

the plan is submitted, the following information: 

(1) * * * 

* * * * * * * 

(4) SELF-DETERMINED HOUSING ACTIVITIES PROGRAM.—A 

statement of the manner in which the program for the Indian 

tribe under subtitle B of title II will be carried out and implemented, and an overview of the benefits to the low-income community intended to be achieved from activities to be undertaken 

during the period pursuant to the program for the Indian tribe 

under subtitle B of title II. 

(c) 1-YEAR PLAN.—A housing plan under this section for an Indian tribe shall be in a form prescribed by the Secretary and conVerDate Aug 31 2005 12:27 Aug 04, 2007 Jkt 059006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\HR295.XXX HR295

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tain the following information relating to the upcoming fiscal year 

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

(1) * * * 

* * * * * * * 

(3) FINANCIAL RESOURCES.—An operating budget for the recipient, in a form prescribed by the Secretary, that includes— (A) an identification and a description of the financial resources reasonably available to the recipient to carry out 

the purposes of this Act, including an explanation of the 

manner in which amounts made available will leverage additional resources and a description of any amounts made 

available pursuant to a grant under section 101 for the Indian tribe for any preceding fiscal year which have not 

been, or are not expected to be, obligated or expended before 

the beginning of the fiscal year for which the plan is submitted, including any amounts in any reserve account established pursuant to section 202(9); and 

* * * * * * * 

(7) SELF-DETERMINED HOUSING ACTIVITIES PROGRAM.—A 

statement of housing activities to be undertaken during the period pursuant to the program for the Indian tribe under subtitle 

B of title II and a description of the benefit such activities will 

provide for the low-income community. 

* * * * * * * 

SEC. 103. REVIEW OF PLANS. 

(a) * * * 

* * * * * * * 

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

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

Act in fiscal year 1998.¿ 

(e) SELF-DETERMINED ACTIVITIES PROGRAM.—Notwithstanding 

any other provision of this section, the Secretary— (1) shall review the information included in an Indian housing plan pursuant to subsections (b)(4) and (c)(7) only to determine whether such information is included for purposes of compliance with the requirement under section 232(b)(2); and 

(2) may not approve or disapprove an Indian housing plan 

based on the content of the particular benefits, activities, and 

results included pursuant to such subsections. 

SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. 

(a) PROGRAM INCOME.— (1) * * * 

* * * * * * * 

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

PROJECTS.—Notwithstanding any other provision of the Act, 

any income derived from a regular and customary developer’s 

fee for any project assisted with a low-income housing tax credit 

under section 42 of the Internal Revenue Code of 1986 that is 

initially funded with grant funds provided under this Act, 


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which fee is approved by the State housing credit agency, shall 

not be considered to be program income. 

* * * * * * * 

SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for grants under this 

title such sums as may be necessary for each of øfiscal years 1998 

through 2007¿ fiscal years 2008 through 2012. This section shall 

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

* * * * * * * 

TITLE II—AFFORDABLE HOUSING 

ACTIVITIES 

Subtitle A—General Block Grant Program 

* * * * * * * 

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

(a) * * * 

(b) ELIGIBLE FAMILIES.— (1) * * * 

* * * * * * * 

(3) øNON-INDIAN FAMILIES¿ ESSENTIAL FAMILIES.—Notwithstanding paragraph (1), a recipient may provide housing or 

housing assistance provided through affordable housing activities assisted with grant amounts under this Act for a ønon-Indian¿ family on an Indian reservation or other Indian area if 

the recipient determines that the presence of the family øon 

the Indian reservation or other Indian area¿ is essential to the 

well-being of Indian families and the need for housing for the 

family cannot reasonably be met without such assistance. 

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

housing or housing assistance provided through affordable 

housing activities assisted with grant amounts under this Act 

for a law enforcement officer on an Indian reservation or other 

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

Government or a State, county, øor¿, or other unit of 

local government, or a lawfully recognized tribal government; and 

* * * * * * * 

ø(6)¿ (7) EXEMPTION.—Title VI of the Civil Rights Act of 

1964 and title VIII of the Civil Rights Act of 1968 shall not 

apply to actions by federally recognized tribes and the tribally 

designated housing entities of those tribes under this Act. 

SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. 

Affordable housing activities under this title are activities, in accordance with the requirements of this title, to develop or to support affordable housing for rental or homeownership, or to provide 


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housing services with respect to affordable housing, through the 

following activities: 

(1) * * * 

* * * * * * * 

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

of work specifications, loan processing, inspections, tenant selection, management of tenant-based rental assistance, operation and maintenance of units developed with amounts provided under this Act, and management of affordable housing 

projects. 

* * * * * * * 

(9) RESERVE ACCOUNTS.—The deposit of amounts, including 

grant amounts under section 101, in a reserve account established for an Indian tribe only for the purpose of accumulating 

amounts for funding affordable housing activities under this 

section in accordance with the Indian housing plan for the 

tribe, except that not more than 20 percent of any grant 

amounts under section 101 on behalf of any Indian tribe for 

any fiscal year may be used under this paragraph. Amounts in 

such a reserve account may be invested only subject to the same 

limitations applicable to grant amounts under section 204(b). 

Any income resulting from amounts in any such reserve account 

shall be considered to be program income for purposes of this 

Act. 

SEC. 203. PROGRAM REQUIREMENTS. 

(a) * * * 

* * * * * * * 

(f) USE OF GRANT AMOUNTS OVER EXTENDED PERIODS.—To the 

extent that the Indian housing plan for a tribe provides for the use 

of amounts from a grant under section 101 over more than one fiscal year or for affordable housing activities for which such funds 

will be committed for use or expended in a subsequent fiscal year, 

the Secretary may not require amounts from such a grant to be 

used, or committed for use, any sooner than so provided under such 

Indian housing plan. 

(g) DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND

SERVICES.—Notwithstanding any other provision of law, any rules 

and procedures regarding competitive procurement otherwise applicable to a recipient shall not apply to the recipient in the case of 

procurement of goods and services under $5,000 with grant 

amounts under this Act. 

* * * * * * * 

SEC. 208. AVAILABILITY OF RECORDS. 

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

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

criminal conviction records of (1) adult applicants for, or tenants of, 

housing assisted with grant amounts provided to such tribe or entity under this Act for purposes of applicant screening, lease enforceVerDate Aug 31 2005 12:27 Aug 04, 2007 Jkt 059006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6601 E:\HR\OC\HR295.XXX HR295

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ment, and eviction, or (2) adult applicants for employment with the 

tribe in positions relating to the tribe’s activities under this Act or 

its other housing-related activities or with the tribally designated 

housing entity, for purposes of applicant screening. 

* * * * * * * 

Subtitle B—Self-Determined Housing 

Activities for Tribal Communities 

SEC. 231. PURPOSES. 

The purposes of this subtitle are to establish a self-determined 

housing activities for the tribal communities program to provide Indian tribes with the flexibility to use a portion of the grant amounts 

under section 101 for the tribe in manners that are wholly self-determined by the tribe for housing activities involving construction, 

acquisition, or rehabilitation of housing that will benefit the community served by the tribe. 

SEC. 232. AUTHORITY. 

(a) IN GENERAL.—Under the program under this subtitle, for each 

of fiscal years 2008 through 2012, the recipient for each qualifying 

Indian tribe may use the amounts specified in subsection (c) in accordance with this subtitle. 

(b) QUALIFYING INDIAN TRIBES.—For purposes of this section, the 

term ‘‘qualifying Indian tribe’’ means, with respect to a fiscal year, 

an Indian tribe or tribally designated housing entity that—

(1) a grant is made in behalf of under section 101; 

(2) has complied with the requirements under subsections 

(b)(4) and (c)(7) of section 102; and 

(3) has no unresolved significant and material audit findings 

or exceptions in the most recent annual audit completed under 

chapter 75 of title 31, United States Code (commonly known as 

the Single Audit Act), or in an independent financial audit prepared in accordance with generally accepted auditing principles. 

(c) AMOUNT.—With respect to a fiscal year and a recipient, the 

amounts specified in this subsection are amounts from any grant 

under section 101 for the recipient for the fiscal year, as determined 

by the recipient, but in no case exceeding the lesser of (1) 15 percent 

of the total grant amount for the recipient for such fiscal year, or 

(2) $1,000,000. 

SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES. 

(a) ELIGIBLE HOUSING ACTIVITIES.—Any amounts made available 

for use under this subtitle by a recipient for an Indian tribe shall 

be used only for housing activities, as selected at the discretion of 

the recipient and set forth in the Indian housing plan for the tribe 

pursuant to section 102(c)(7), for the construction, acquisition or rehabilitation of housing that provide a benefit to families described 

in section 201(b)(1). 

(b) PROHIBITION ON CERTAIN ACTIVITIES.—Amounts made available for use under this subtitle may not be used for any costs of providing infrastructure, commercial and economic development, and 

operating costs of housing. 


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SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS. 

(a) IN GENERAL.—Except as specifically provided in this Act, the 

provisions of title I, subtitle A of title II, and titles III through VIII 

shall not apply to the program under this subtitle or to amounts 

made available in accordance with this subtitle. 

(b) APPLICABLE PROVISIONS.—The following provisions of titles I 

through VIII shall apply to the program under this subtitle and 

amounts made available in accordance with this subtitle: 

(1) Section 101(c) (relating to local cooperation agreements). 

(2) Subsections (d) and (e) of section 101 (relating to tax exemption). 

(3) Section 102(c)(5) (relating to certification of compliance). 

(4) Section 104 (relating to treatment of program income and 

labor standards). 

(5) Section 105 (relating to environmental review). 

(6) Section 201(b) (relating to eligible families). 

(7) Section 201(b)(7) (relating to preference for tribal members 

and other Indian families). 

(8) Section 203(c) (relating to insurance coverage). 

(9) Section 209 (relating to noncompliance with affordable 

housing requirement). 

(10) Section 401 (relating to remedies for noncompliance). 

(11) Section 408 (relating to public availability of information). 

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

trust or restricted lands for housing purposes). 

SEC. 235. REVIEW AND REPORT. 

(a) REVIEW.—During calendar year 2011, the Secretary shall conduct a review of the results achieved by the program under this subtitle to determine—

(1) the housing constructed, acquired, or rehabilitated under 

the program; 

(2) the effects of such housing constructed, acquired, or rehabilitated on costs to low-income families of affordable housing; 

(3) the effectiveness of each recipient in achieving the results 

intended to be achieved, as set forth in the Indian housing plan 

for the Indian tribe; and 

(4) the need for, and effectiveness of, extending the duration 

of the program and increasing the amount of grants under section 101 that may be used under the program. 

(b) REPORT.—Not later than December 31, 2011, the Secretary 

shall submit a report to the Congress setting forth the information 

obtained pursuant to the review under subsection (a), which shall 

include conclusions and recommendations of the Secretary with respect to the program under this subtitle, including—

(1) recommendations regarding extension of the program for 

subsequent fiscal years and increasing the amount pursuant to 

section 232(c) that may be used under the program; and 

(2) recommendations for—

(A) specific Indian tribes (or recipients) that should be 

prohibited from participating in the program for failure to 

achieve results, and the period for which such prohibition 

should remain in effect; or 


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(B) standards and procedures by which tribes (or recipients) may be prohibited from participating in the program 

for failure to achieve results. 

(c) PROVISION OF INFORMATION TO SECRETARY.—Notwithstanding 

any other provision of the Act, recipients participating in the program under this subtitle shall provide such information to the Secretary as the Secretary may request, in sufficient detail and in a 

timely manner sufficient to ensure that the review and report required by this section is accomplished in a timely manner. 

* * * * * * * 

TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED PROGRAMS 

* * * * * * * 

SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT. 

The amendments made by this title, and the provisions of this 

title and this Act, may not be construed to prohibit or prevent any 

insular area or participating jurisdiction (as such terms are used 

for purposes of the HOME Investment Partnerships Act (42 U.S.C. 

12721 et seq.)) from providing amounts made available under such 

Act for such area or jurisdiction to Indian tribes, or tribally designated housing entities, for use in accordance with the HOME Investment Partnerships Act. 

TITLE VI—FEDERAL GUARANTEES FOR 

FINANCING FOR TRIBAL HOUSING ACTIVITIES 

* * * * * * * 

SEC. 604. TRAINING AND INFORMATION. 

The Secretary, in cooperation with eligible public entities, shall 

carry out training and information activities with respect to the 

guarantee program under this title. Such activities shall include 

conducting educational seminars with tribes and tribally designated 

housing entities on how to utilize the loan guarantee program under 

this title. 

SEC. 605. LIMITATIONS ON AMOUNT OF GUARANTEES. 

(a) AGGREGATE FISCAL YEAR LIMITATION.—Notwithstanding any 

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

applicants or proposed activities and to the authority provided in 

this title, to the extent approved or provided in appropriations 

Acts, the Secretary may enter into commitments to guarantee notes 

and obligations under this title with an aggregate principal amount 

not to exceed $400,000,000 for each of øfiscal years 1997 through 

2007¿ fiscal years 2008 through 2012. 

(b) AUTHORIZATION OF APPROPRIATIONS FOR CREDIT SUBSIDY.—

There are authorized to be appropriated to cover the costs (as such 

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

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


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for each of øfiscal years 1997 through 2007¿ fiscal years 2008 

through 2012. 

* * * * * * * 

TITLE VII—OTHER HOUSING 

ASSISTANCE FOR NATIVE AMERICANS 

* * * * * * * 

SEC. 703. TRAINING AND TECHNICAL ASSISTANCE. 

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

for providing training and technical assistance to Indian housing 

authorities and tribally designated housing entities such sums as 

may be necessary for each of øfiscal years 1997 through 2007¿ fiscal years 2008 through 2012. 

* * * * * * * 

TITLE VIII—HOUSING ASSISTANCE FOR 

NATIVE HAWAIIANS 

* * * * * * * 

SEC. 824. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Department of 

Housing and Urban Development for grants under this title such 

sums as may be necessary for each of øfiscal years 2001, 2002, 

2003, 2004, and 2005.¿ fiscal years 2008, 2009, 2010, 2011 and 

2012. 

* * * * * * * 


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ADDITIONAL VIEWS 

I applaud the committee’s efforts today to reauthorize 

NAHASDA. I have some additional views I would like to add. I was 

prepared to offer an amendment to this bill to add a section promoting economic infrastructure. By agreement with the Chairman 

that legislation has been embodied in a stand alone bill (H.R. 3002) 

because although this legislation continues the practice of giving 

Tribes more flexibility to develop housing, I believe we can and 

should do more. NAHASDA reauthorization is critical to addressing 

Native American housing needs. Tribes need adequate flexibility 

and autonomy to use Indian Housing Block Grant dollars efficiently and in a manner that makes the most sense for tribal members’ specific needs. Since NAHASDA was implemented in 1996, 

tribes have seen more flexibility to use their grant money for infrastructure and rehabilitation of homes. I believe we need to take a 

closer look down the road to address infrastructure support and 

economic development in future legislation, and I look forward to 

working toward helping Tribes to meet their housing goals. 

STEVAN PEARCE. 


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ADDITIONAL VIEWS 

The underlying Native Hawaiian housing program that we are 

set to reauthorize within NAHASDA reauthorization is one of 

many benefits that currently flow from the federal government to 

Native Hawaiians—there are roughly 160 current statutes that 

confer such benefits. However, in 2000, the Supreme Court put 

many of these benefits in jeopardy with its decision in Rice v. 

Cayetano. 

The Court’s decision in Rice has led many to conclude that the 

current configuration of justices would likely strike down most federal benefits flowing to Native Hawaiians as a racial set-aside, if 

given a chance. As a result, the Hawaiian Congressional delegation 

has championed separate legislation to provide a process for the 

United States to recognize Native Hawaiians as a governing entity, 

i.e. a tribe that is political in nature. Instead of recognizing a currently-existing political entity that has authority over its members, 

the legislation (H.R. 505) would create one from scratch. 

While the Financial Services Committee is not considering the 

sovereignty bill (H.R. 505), the Native American Housing Assistance and Self-Determination Reauthorization Act (H.R. 2786) 

should nonetheless give us pause before we reauthorize funding 

programs that are more than likely unconstitutional. This bill, H.R. 

2786, which contains a provision that reauthorizes federal funding 

for Native Hawaiian housing, should not be construed by any future court as Congress using its power under the Indian Commerce 

Clause to indirectly confer tribal status on the Native Hawaiian 

people. 

America is a melting pot of cultures from around the world. Justice Kennedy noted as much in his opinion in Rice v. Cayetano. ‘‘As 

the State of Hawaii attempts to address these realities, it must, as 

always, seek the political consensus that begins with a shared purpose. One of the necessary beginning points is this principle: The 

Constitution of the United States, too, has become the heritage of 

all the citizens of Hawaii.’’ JOHN CAMPBELL. 

Æ 


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