99–010

107TH CONGRESS REPORT " SENATE ! 2d Session 107–246

NATIVE AMERICAN HOUSING ASSISTANCE AND SELFDETERMINATION ACT OF 1996

AUGUST 28, 2002.—Ordered to be printed

Filed under authority of the order of the Senate of July 29, 2002

Mr. INOUYE, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 1210]

The Committee on Indian Affairs, to which was referred the bill 

(S. 1210) to reauthorize the Native American Housing Assistance 

and Self-Determination Act of 1996, having considered the same, 

reports favorably thereon with amendment and recommends that 

the bill as amended do pass. 

PURPOSES

The purpose of S. 1210 is to re-authorize the Native American 

Housing Assistance and Self-Determination Act of 1996, to improve 

the delivery of housing assistance to Indian tribes in a manner that 

recognizes the right of tribal self-governance, and for other purposes. 

BACKGROUND

The United States Housing Act of 1937 created the Public Housing Program in order to provide decent and safe housing for lowincome families. For many years, this act was interpreted to exclude Native Americans living in or near tribal areas. It was not 

until the 1960’s that Indian housing programs were undertaken by 

the Public Housing Administration, the predecessor of the Department of Housing and Urban Development (HUD). Eventually, HUD 

assumed responsibility for Indian housing programs and in 1988 

the Indian Housing Act established a separate Indian housing program with regulations specific to this program. 

Native American housing stock is often characterized as ‘‘poor’’ 

and substandard. In fact, Native American housing has been found 

2

1 Assessment of American Indian Housing Needs and Programs, Urban Institute, May 1996. 

2 Native American Housing Assistance and Self-Determination Act of 1996, Pub. L. 104–330, 

25 U.S.C. Sec. 4104–4195 (Supp. 1996). 

to be the worst in the nation and has been compared to that of 

Third World countries.

The following statistics demonstrate the dire need for additional 

housing stock and improvements in current housing stock. As determined by the 1990 census, one out of every five Indian homes 

lacks complete plumbing facilities. In addition, a full forty percent 

(40%) of Native Americans residing on trust land live in overcrowded or physically inadequate housing, compared to six percent 

(6%) of the overall United States population.1 Finally, the demand 

for Indian housing is increasing as the Native American population 

continues to grow. 

In 1996, the NAHASDA 2 was enacted and became effective on 

October 1, 1997. Building on the highly successful Indian Self Determination and Education Assistance Act (ISDEAA) of 1975, as 

amended, 25 U.S.C. 450 et seq., which authorized Indian tribes to 

assume responsibility for the administration of many Federal programs and services, NAHASDA reflects the unique government-togovernment relationship between Indian tribes and the Federal 

government. 

Before passage of the NAHASDA, the planning, financing, and 

building of Indian housing was largely determined by Federal officials with scant input from the affected parties—the Indians. 

NAHASDA was groundbreaking in that it established a single, 

flexible block grant for Indian tribes or their tribally-designated 

housing entities (TDHEs) to design and administer housing assistance to tribal members. Tribes must file annual audits and monitoring and oversight of the block grant funding continues to be provided by HUD. 

SECTION-BY-SECTION ANALYSIS

As introduced, S. 1210 provided a routine re-authorization of the 

1996 Act, as amended, through FY 2007. A section-by-section description of the changes contained in the substitute amendment is 

set out below. 

Section 1. Short title 

The short title for this legislation is the Native American Housing and Self-Determination Reauthorization Act of 2001. 

Sec. 2. Reauthorization 

This legislation tracks the letter and spirit of the NAHASDA in 

large part. In the findings of the original Act, Congress found that 

the Federal government has a trust responsibility for the protection 

and preservation of Indian tribes; that there is a need for affordable homes in safe and healthy environments; and that Congress 

should assist in the goals of achieving economic self-sufficiency and 

self-determination for tribes and their members. With this legislation, the goals of the NAHASDA will be furthered with a renewed 

emphasis on infrastructure and community development. 

3

Sec. 3. Definitions 

Section 4 of the Act is amended to include the following definition: ‘‘(22) HOUSING RELATED COMMUNITY DEVELOPMENT.—The term ‘‘housing related community development’’ means a tribally-owned 

and operated facility, business activity, or infrastructure that is 

necessary to the direct construction of reservation housing, and 

that would help the Indian tribe or its tribally-designated housing 

authority reduce the cost of construction of Indian housing or otherwise promote the findings of this act. For purposes of this section, the term ‘‘housing related community development’’ shall not 

include activities conducted by any Indian tribe under the provisions of the Indian Gaming Regulatory Act 25 U.S.C. 2710 et seq.

as amended. 

Sec. 4. Block grants and grant requirements 

With regard to comprehensive housing and community development planning, changes to this section would authorize community 

development planning activities as part of NAHASDA’s administrative and planning expense category. The intent of the Committee 

is to make NAHASDA funds available for purposes of development 

a community master plan consisting of roads, schools, businesses 

and recreational areas. 

Sec. 5. Treatment of program income and labor standards 

Currently, HUD views any revenue or income derived from housing built using NAHASDA funds as ‘‘program income’’. In turn, all 

program income must be expended before a tribe may make further 

use of its NAHASDA funds. 

Changes included in section 5 clarify that tribes or their triballydesignated housing entities may expend NAHASDA funds even if 

they are receiving program income from their residential projects 

built using prior Indian housing funds.

Sec. 6. Regulations 

This section clarifies NAHASDA as requiring that negotiated 

rule-making procedures are applicable to regulations issued pursuant to the 1996 Act as well as all amendments made to the Act 

subsequent to 1996. 

Sec. 7. Federal guarantees or financing for tribal housing activities 

Changes included in section 7 remove the current restriction that 

requires tribes or their TDHEs to seek alternative financing before 

utilizing Title VI guaranteed loan funds. These changes would 

similarly authorize Title VI funding to be used for ‘‘housing related 

or community development’’. 

Sec. 8. Feasibility studies to improve the delivery of housing assistance in native communities 

Section 8 requires that the Secretary undertake and complete 

two feasibility studies: first, to determine whether a community development demonstration project using NAHASDA funds for strictly economic development purposes is feasible; and second, whether 

NAHASDA funding should be made available to tribes and tribal 

organizations in a manner consistent with the provisions of the InVerDate Aug 23 2002 00:53 Aug 30, 2002 Jkt 099010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR246.XXX SR246
4

dian Self Determination and Education Assistance Act, 25 U.S.C. 

450 et seq., in order to maximize tribal authority and decision-making in the design and implementation of housing activities. 

Sec. 9. Insurance and housing contingencies 

Section 9 amends the NAHASDA to provide an effective Federal 

response to the life-threatening problems of black mold which have 

rendered and may continue to render NAHASDA-assisted housing 

uninhabitable. Section 9 proposes relief to address black mold remediation and repair. This section authorizes the development of 

appropriate protocols and construction practices to be required in 

all NAHASDA-assisted housing to eliminate the conditions that 

give rise to black mold. A report to Congress on the effectiveness 

of the protocol implementation and construction practices is required within one year of enactment of this legislation. 

Sec. 10. Native Hawaiian housing 

Section 10 amends NAHASDA to authorize the Secretary of HUD 

to enter into negotiated rulemaking with representatives of the Office of Hawaiian Affairs (OHA) to determine the conditions under 

which OHA may participate in the block grant assistance program 

to provide affordable housing for low income Native Hawaiians. 

The amendment also authorizes the Secretary to make grants to 

OHA to carry out affordable housing activities for Native Hawaiians and to require the submission of housing plans by OHA to the 

Secretary. 

LEGISLATIVE HISTORY

The Native American Housing Assistance and Self-Determination 

Reauthorization Act of 2002 (S. 1210) was introduced on July 20, 

2001, by Senator Campbell, for himself, and for Senators Inouye, 

Burns and Johnson. Subsequent to July 20, Senators Akaka, 

Bingaman, Cantwell, Domenici, Inhofe, Baucus, Daschle, Feingold 

and McCain were added as co-sponsors. S. 1210 was referred to the 

Committee on Indian Affairs and a hearing was held on the bill on 

February 13, 2002. On July 18, 2002, the Committee on Indian Affairs convened a business meeting to consider S. 1210 and other 

measures that had been referred to it, and on that date, the Committee favorably reported a substitute amendment to S. 1210. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

On July 18, 2002, the Committee on Indian Affairs, in an open 

business session, adopted an amendment in the nature of a substitute to S. 1210 by voice vote and ordered the bill, as amended, 

reported favorably to the Senate. 

COST AND BUDGETARY CONSIDERATION

The cost estimate for S. 1210 as calculated by the Congressional 

Budget Office, is set forth below:

5

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 31, 2002. 

Hon. DANIEL K. INOUYE, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1210, the Native American 

Housing Assistance and Self-Determination Reauthorization Act of 

2002. 

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

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

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

S. 1210—Native American Housing Assistance and Self-Determination Reauthorization Act of 2002

Summary: Programs under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) were authorized through 2001 and were continued in 2002 by the Departments 

of Veterans Affairs and Housing and Urban Development (HUD), 

and Independent Agencies Appropriations Act, 2002. Enacting S. 

1210 would reauthorize these programs through 2007 and would 

authorize appropriations for HUD to develop protocols and construction standards to eliminate black mold in NAHASDA assisted 

properties. 

CBO estimates that the bill would authorize total appropriations of $669 million in 2003 and about $3.5 billion over the 2003–2007 

period, assuming that annual levels are adjusted to keep pace with 

inflation. CBO estimates that appropriations of those amounts 

would result in additional outlays of $2.3 billion over the 2003– 2007 period. 

Enacting the bill would not affect direct spending or receipts; 

therefore, pay-as-you-go procedures would not apply. S. 1210 contains no intergovernmental or private-sector mandates as defined 

in the Unfunded Mandates Reform Act (UMRA) and would impose 

no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 1210 is shown in the following table. The costs 

of this legislation fall within budget functions 600 (income security) 

and 370 (commerce and housing credit).

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATION

Spending under current law: 

Budget authority 1 ............................................................... 655 0 0 0 0 0

Estimated outlays ................................................................ 695 443 306 210 133 56

Proposed changes: 

Block grants, Title VI loan guarantees, and technical assistance: 

Estimated authorization level ............................................. 0 661 675 689 702 716

6

By fiscal year, in millions of dollars—

2002 2003 2004 2005 2006 2007

Estimated outlays ................................................................ 0 240 380 482 568 647

Indian housing loan guarantees: 

Estimated authorization level ............................................. 0 6 6 6 6 6

Estimated outlays ................................................................ 0 6 6 6 6 6

Develop protocols and construction practices: 

Estimated authorization level ............................................. 0 2 0 0 0 0

Estimated outlays ................................................................ 0 2 0 0 0 0

Total proposed changes: 

Estimated authorization level ............................................. 0 669 681 695 708 722

Estimated outlays ................................................................ 0 248 386 488 574 653

Spending under S. 1210: 

Estimated authorization level ............................................. 655 669 681 695 708 722

Estimated outlays ................................................................ 695 691 692 698 707 709

1 The 2002 level is the amount appropriated for that year for all programs authorized under NAHASDA, including Native American Housing 

Block Grants, Title VI Loan Guarantees, Technical Assistance, and Title I Indian Housing Loan Guarantees. 

Basis of estimate: Block Grants, Title VI Loan Guarantees, and 

Technical Assistance. Section 2 would authorize the appropriation 

of such sums as necessary through 2007 for Native American Housing Block Grants, Title VI loan guarantees, and training and technical assistance. For 2002, $649 million was appropriated for these 

purposes. Assuming inflation-adjusted appropriations, CBO estimates that the bill would authorize $3.4 billion for the 2003–2007 

period, with outlays of $2.3 billion (from the new funding) over the 

same period. 

Indian Housing Loan Guarantees. Section 2 also would authorize 

the appropriation of such sums as necessary through 2007 for loan 

guarantees for Indian families, housing authorities, and tribes. For 

2002, $6 million was appropriated for such loan guarantees. Assuming funded activities would remain at similar levels, CBO estimates that implementing these provisions would cost $6 million in 

2003 and $30 million over the next five years. 

Develop Protocols and Construction Practices. Section 9 would 

authorize the appropriation of such sums as necessary to develop 

and implement appropriate protocols and construction practices to 

eliminate the conditions that give rise to black mold and other cumulative maladies that render housing assisted under NAHASDA 

dangerous or uninhabitable. This section would also require HUD 

to complete and submit two reports to the Congress on the extent 

of black mold infestation of Native American housing and the effectiveness of the implementation of the new protocols. Based on information from HUD, CBO estimates that implementing this section would cost $2 million in 2003. 

Pay as you go considerations: None. 

Intergovernmental and private-sector impact: S. 1210 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

The bill would benefit any tribal government receiving grants 

under this bill, and any costs they incur would be voluntary. 

Estimate prepared by: Federal costs: Chad Chirico and Susanne 

S. Mehlman; impact on State, local, and tribal governments: Greg 

Waring; impact on the private sector: Cecil McPherson. 

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

7

REGULATORY IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill to evaluate the 

regulatory paperwork impact that would be incurred in implementing the legislation. The Committee has concluded that enactment of S. 1210 will create only de minimis regulatory or paperwork burdens. 

EXECUTIVE COMMUNICATIONS

The Committee has received no official communication from the 

Administration on the provisions of the bill. 

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the enactment of 

S. 1210 will result in the following changes in 25 U.S.C. Sec. 4101 

et seq., with existing language which is to be deleted in black 

brackets and the new language to be added in italic: 

SHORT TITLE.—This Act may be cited as the Native American 

Housing Assistance and Self-Determination Reauthorization Act of 

2002.

* * * * * * *

25 U.S.C. 4117

AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

appropriated for grants under this title such sums as may be necessary for each of fiscal years ø1998, 1999, 2000, and 2001.¿ 1998 

through 2007. This section shall take effect on the date of the enactment of this Act. 

* * * * * * *

25 U.S.C. 4195(a) 

(a) AGGREGATE FISCAL YEAR LIMITATION.—Notwithstanding any 

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

applicants or proposed activities and to the authority provided in 

this title, to the extent approved or provided in appropriations 

Acts, the Secretary may enter into commitments to guarantee notes 

and obligations under this title with an aggregate principal amount 

not to exceed $400,000,000 for each of fiscal years ø1997, 1998, 

1999, 2000, and 2001.¿ 1997 through 2007.

25 U.S.C. 4195(b) 

(b) AUTHORIZATION OF APPROPRIATIONS FOR CREDIT SUBSIDY.—

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

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

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

for each of fiscal years ø1997, 1998, 1999, 2000, and 2001.¿ 1997 

through 2007.

* * * * * * *

8

25 U.S.C. 4212

TRAINING AND TECHNICAL ASSISTANCE.—There are authorized to 

be appropriated for assistance for a national organization representing Native American housing interests for providing training 

and technical assistance to Indian housing authorities and tribally 

designated housing entities such sums as may be necessary for 

each of fiscal years ø1997, 1998, 1999, 2000, and 2001.¿ 1997 

through 2007. 

* * * * * * *

12 U.S.C. 1715z–13a(i)(5)(C) 

(z–13a(i)(5)(C)) LIMITATION ON OUTSTANDING AGGREGATE PRIN- CIPAL AMOUNT.—Subject to the limitations in subparagraphs (A) 

and (B), the Secretary may enter into commitments to guarantee 

loans under this section in each fiscal year with an aggregate outstanding principal amount not exceeding such amount as may be 

provided in appropriation Acts for øsuch fiscal year.¿ each of fiscal 

years 1997 through 2007. 

* * * * * * *

12 U.S.C. 1715z–13a(i)(7) 

(z–13a(i)(7)) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Guarantee Fund to carry out this 

section such sums as may be necessary for øeach fiscal year.¿ each 

of fiscal years 1997 through 2007. 

* * * * * * *

25 U.S.C. 4103

* * * * * * *

(22) HOUSING RELATED COMMUNITY DEVELOPMENT.— (A) IN GENERAL.—The term ‘‘housing related community 

development’’ means any tribally-owned and operated facility, business, activity, or infrastructure that— (i) is necessary to the direct construction of reservation housing; and 

(ii) would help an Indian tribe or its tribally-designated housing authority reduce the cost of construction of Indian housing or otherwise promote the findings of this Act. 

(B) EXCLUSION.—The term ‘‘housing and community development’’ does not include any activity conducted by any 

Indian tribe under the Indian Gaming Regulatory Act (25 

U.S.C. 2710 et seq.)

* * * * * * *

25 U.S.C. 4111(h) 

(h) ADMINISTRATIVE AND PLANNING EXPENSES.—The Secretary 

shall, by regulation, authorize each recipient to use a percentage 

of any grant amounts received under this Act for comprehensive 

housing and community development planning activities and for 

any reasonable administrative and planning expenses of the recipiVerDate Aug 23 2002 00:53 Aug 30, 2002 Jkt 099010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6601 E:\HR\OC\SR246.XXX SR246
9

ent relating to carrying out this Act and activities assisted with 

such amounts, which may include costs for salaries of individuals 

engaged in administering and managing affordable housing activities assisted with grant amounts provided under this Act and expenses of preparing an Indian housing plan under section 102. 

* * * * * * *

25 U.S.C. 4114(a)(1) 

(a)(1) AUTHORITY TO RETAIN.—øA recipient¿ Notwithstanding 

any other provisions of this Act, a recipient may retain any program 

income that is realized from any grant amounts under this Act if—

* * * * * * *

25 U.S.C. 4114(a)(1)(B) 

(a)(1)(B).—ø(B) the recipient has agreed that it will utilize the 

program income for affordable housing activities in accordance with 

the provisions of this Act.¿ (B) the recipient has agreed that it will 

utilize such income for housing related activities in accordance with 

this Act. 

* * * * * * *

25 U.S.C. 4114(a)(2) 

(a)(2) PROHIBITION OF RESTRICTED ACCESS OR REDUCTION OF

GRANT.—The Secretary may not reduce the grant amount for any 

Indian tribe based solely on— (A) whether the recipient for the tribe retains program income under paragraph (1); 

(B) the amount of any such program income retained; øor¿

(C) whether the recipients retains amounts described in section 210ø.¿; or 

(C) whether the recipient has expanded retained program income for housing-related activities. 

* * * * * * *

25 U.S.C. 4116(b)(2)(A) 

(b)(2)(A) IN GENERAL.—Notwithstanding sections 563(a) and 

565(a) of title 5, United States Code, all regulations required under 

this Act, including any regulations that may be required pursuant 

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

Act, shall be issued according to a negotiated rulemaking procedure 

under subchapter III of chapter 5 of title 5, United States Code. 

* * * * * * *

25 U.S.C. 4191

AUTHORITY AND REQUIREMENTS. (a) AUTHORITY.—To such extent or in such amounts as provided 

in appropriations Acts, the Secretary may, subject to the limitations of this title (including limitations designed to protect and 

maintain the viability of rental housing units owned or operated by 

the recipient that were developed under a contract between the 

10

Secretary and an Indian housing authority pursuant to the United 

States Housing Act of 1937), and upon such terms and conditions 

as the Secretary may prescribe, guarantee and make commitments 

to guarantee, the notes or other obligations issued by Indian tribes 

or tribally designed housing entities with tribal approval, for the 

purposes of financing affordable housing activities described in section 202 and housing related community development activity as 

consistent with the purposes of this Act. 

ø(b) LACK OF FINANCING ELSEWHERE.—A guarantee under this 

title may be used to assist an Indian tribe or housing entity in obtaining financing only if the Indian tribe or housing entity has 

made efforts to obtain such financing without the use of such guarantee and cannot complete such financing consistent with the timely execution of the program plans without such guarantee.¿

ø(c)¿ (b) TERMS OF LOANS.—Notes or other obligations guaranteed pursuant to this title shall be in such form and denominations, have such maturities, and be subject to such conditions as 

may be prescribed by regulations issued by the Secretary. The Secretary may not deny a guarantee under this title on the basis of 

the proposed repayment period for the note or other obligation, unless the period is more than 20 years or the Secretary determines 

that the period causes the guarantee to constitute an unacceptable 

financial risk. 

ø(d)¿ (c) LIMITATION ON OUTSTANDING GUARANTEES.—No guarantee or commitment to guarantee shall be made with respect to 

any note or other obligation if the total outstanding notes or obligations of the issuer guaranteed under this title (excluding any 

amount defeased under the contract entered into under section 

602(a)(1)) would thereby exceed an amount equal to 5 times the 

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

* * * * * * *

25 U.S.C. 4132

* * * * * * *

(7) COMMUNITY DEVELOPMENT DEMONSTRATION PROJECT.— (A) IN GENERAL.—Consistent with principles of Indian 

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

feasibility of establishing a demonstration project in which 

Indian tribes, tribal organizations, or tribal consortia are 

authorized to expend amounts received pursuant to the Native American Housing Assistance and Self-Determination 

Reauthorization Act of 2002 in order to design, implement, 

and operate community development demonstration 

projects. 

(B) STUDY.—Not later than 1 year after the date of enactment of the Native American Housing Assistance and SelfDetermination Reauthorization Act of 2002, the Secretary 

shall submit the study conducted under subparagraph (A) 

to the Committee on Banking, Housing, and Urban Affairs 

and the Committee on Indian Affairs of the Senate, and the 

Committee on Financial Services and the Committee on Resources of the House of Representatives. 

(8) SELF-DETERMINATION ACT DEMONSTRATION PROJECT.—

11

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

Indian Self-Determination and Education Assistance Act 

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

submit to Congress a study of the feasibility of establishing 

a demonstration project in which Indian tribes and tribal 

organizations are authorized to receive assistance in a 

manner that maximizes tribal authority and decision-making in the design and implementation of Federal housing 

and related activity funding. 

(B) STUDY.—Not later than 1 year after the date of enactment of the Native American Housing Assistance and SelfDetermination Reauthorization Act of 2002, the Secretary 

shall submit the study conducted under subparagraph (A) 

to the Committee on Banking, Housing, and Urban Affairs 

and the Committee on Indian Affairs of the Senate, and the 

Committee on Financial Services and the Committee on Resources of the House of Representatives. 

(a) DEVELOPMENT PROTOCOLS AND CONSTRUCTION PRACTICES.—

The Secretary of Housing and Urban Development, in cooperation 

with Indian tribes, the National American Indian Housing Council, 

AMERIND, other tribal organizations as appropriate, and experts 

from the housing and construction sectors, shall develop appropriate 

protocols and construction practices to eliminate, to the maximum 

extent feasible, the conditions that give rise to black mold and other 

cumulative maladies that render housing assisted under this Act, 

dangerous or uninhabitable. 

(b) IMPLEMENTATION OF PROTOCOLS AND CONSTRUCTION

PROJECTS.—Not later than 180 days after the date of enactment of 

this Act, the Secretary of Housing and Urban Affairs, acting 

through the Office of Healthy Homes and the Office of Native American Programs, shall implement the protocols and construction 

practices developed under subsection (a) in all construction, renovation, and repair of housing assisted with funds provided under this 

Act. 

(c) REPORT TO CONGRESS.—Not later than 1 year after the date 

of enactment of this Act, the Secretary of Housing and Urban Affairs shall complete and submit to Congress a report that details—

(1) the effectiveness of the implementation of the protocols and 

construction practices; and 

(2) whether statutory, regulatory, or administrative changes 

need to be made to improve the effectiveness of the efforts of the 

Department of Housing and Urban Affairs to eliminate the conditions that give rise to black mold and other cumulative maladies. 

(d) BLACK MOLD INFESTATION.—Not later than 180 days after the 

date of enactment of this Act, the Secretary of Housing and Urban 

Development shall—

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

of Native American housing in the United States; and 

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

12

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this section. 

* * * * * * *

25 U.S.C. 4221

* * * * * * *

(10) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘‘Office of Hawaiian Affairs’’ means the entity of that name established 

under the Constitution of the State of Hawaii. 

SEC. 825. OFFICE OF HAWAIIAN AFFAIRS. 

(a) IN GENERAL.—The Secretary is authorized to enter into negotiated rulemaking with representatives of the Office of Hawaiian Affairs to—

(1) determine the conditions under which the Secretary may 

make block grants under subsection (b) and section 802 for affordable housing activities to the Office of Hawaiian Affairs in 

the Office’s capacity as a housing entity; 

(2) establish a process for the submission of a housing plan 

to the Secretary to serve the needs of low-income families to be 

served by the Office of Hawaiian Affairs, and the requirements 

associated with such a plan under subsection (c) and section 

803; 

(3) determine the lands upon which housing will be constructed to serve the needs of low-income families; 

(4) establish a process for the review of a housing plan under 

section 804; 

(5) address the treatment of program income and labor standards consistent with the provisions of section 805; 

(6) provide a process for environmental review consistent with 

section 806; 

(7) develop regulations under section 807; 

(8) address the means by which the Office of Hawaiian Affairs will carry out affordable housing activities under section 

809; 

(9) establish criteria associated with eligible affordable housing activities consistent with section 810; 

(10) establish requirements for affordable housing activities 

consistent with section 811; 

(11) address the types of investments subject to section 811 

and an applicable housing plan approved under section 803, 

consistent with section 812; 

(12) establish requirements for low-income and income targeting consistent with section 813; 

(13) establish requirements for leases and tenant selection 

consistent with section 814; 

(14) provide for the conditions of repayment, an annual allocation, and an allocation formula consistent with sections 815, 

816, and 817; 

(15) provide for the monitoring of compliance and the submittal of performance reports consistent with sections 819 and 

820; 

13

(16) establish the terms and conditions for an annual review 

and audit conducted by the Secretary consistent with section 

821; and 

(17) provide for audits to be conducted by the General Accounting Office consistent with section 822.

(b) GRANT AUTHORITY.—For each fiscal year, the Secretary shall, 

to the extent that amounts are made available to carry out this section, make a grant under this title to the Office of Hawaiian Affairs 

to carry out affordable housing activities for Native Hawaiian families. 

(c) HOUSING PLAN.—The Secretary shall require the office of Hawaiian Affairs to submit a housing plan under this section for each 

fiscal year and provide for the review of each plan submitted under 

this section.

Æ