49–010 

Calendar No. 197 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–117 

REAUTHORIZING THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996, 

AND FOR OTHER PURPOSES 

AUGUST 5, 2015.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 710] 

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

(S. 710) to reauthorize the Native American Housing Assistance 

and Self-Determination Act of 1996, and for other purposes, having 

considered the same, reports favorably with amendments and recommends that the bill, as amended, do pass. 

PURPOSE

The purpose of S. 710 is to reauthorize the Native American 

Housing Assistance and Self-Determination Act of 1996 until the 

end of Fiscal Year 2020. 

BACKGROUND

In 1996, Congress passed the NAHASDA. The NAHASDA replaces housing assistance programs under the 1937 Housing Act 

(42 U.S.C. § 1437 et seq.). The NAHASDA addresses Indian housing needs by furthering tribal self-governance and consolidating Indian programs such as those formerly under the 1937 Housing Act. 

Since 1992, the Office of Native American Programs (ONAP) at 

the United States Department of Housing and Urban Development 

(HUD) has administered HUD’s programs that serve Native American communities. The HUD Deputy Assistant Secretary for Native 

American Programs oversees ONAP. 

When the NAHASDA went into effect in Fiscal Year 1998, the 

law provided Indian tribes with the choice of administering programs through their existing Indian Housing Authorities (IHAs) or 


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1 25 U.S.C. § 4103 (22)(B) (2008). 

2 U.S. Dept. of Housing and Urban Development, Fiscal Year 2015 Budget Justification at L– 

13. 3S. Rep. No. 106–192, at 3 (1999). 

4 U.S. Dept. of Housing and Urban Development, Housing Problems and Needs of Native Hawaiians (1995), http://www.huduser.org/publications/pdf/hawaii.pdf. 5The Hawaiian Homelands Homeownership Act of 2000, became part of the American Homeownership and Economic Opportunity Act of 2000, and was signed into law on December 27, 

2000. Title V, Subtitle B, section 513, amended the NAHASDA by creating a new title VIII (25 

U.S.C. 4221 et seq.), which authorized the Native Hawaiian Housing Block Grant (NHHBG) program. Title V, Subtitle B, section 512(15)(c), amended the National Housing Act (Public Law 

479; 73d Congress; 12 U.S.C. 1701 et seq.) by creating a new section entitled ‘‘Loan guarantees 

for Native Hawaiian housing’’ (12 U.S.C. 1715z–13b et seq.), which authorized the Native Hawaiian Housing Loan Guarantee program. 6Public Law 86–3, 78 Stat. 4, 5 (1959). 

their tribally-designated housing entities (TDHEs). An IHA operates in conformity with requirements of the 1937 Housing Act. A 

TDHE operates by exercise of the power of self-government of one 

or more tribes, or by operation of State law that provides specifically for housing authorities or housing entities for Indians.1

The low availability and high cost of housing in Indian Country 

is an extreme burden on Indian families. A HUD evaluation in 

2009 found the following: 

Decent housing is not readily available in Indian Country; decent and affordable housing is even harder to obtain. Overall, 18.4 percent of homeowners in Native American areas are cost burdened. This means they are spending more than 30 percent of their income for housing each 

month. Affordability problems are even more common for 

those who do not own their homes: 31.6 percent of renters 

on American Indian lands are cost burdened.2

The housing disparity is even more severe for Native Hawaiians. 

Congress noted in 1999 a HUD report that found ‘‘Native Hawaiians experience the highest percentage of housing problems in the 

nation—49 percent—higher than that of even American Indians 

and Alaska Natives residing on reservations (about 44 percent) and 

substantially higher than that of all U.S. households (27 percent).’’ 3 The HUD report identifies housing problems as being 

issues related to housing that may include affordability problems, 

overcrowding problems, or structural inadequacy problems.4

The Hawaiian Homelands Homeownership Act of 2000 amended 

the NAHASDA to include housing assistance provisions for the 

beneficiaries of certain Federal trust lands.5 The United States established the Federal trust lands, required that maintenance of the 

trust was a condition of the State of Hawaii’s admission to the 

Union, and continues to retain enforcement authority over the 

trust. 

The Hawaiian Homes Commission Act of 1920 (HHCA) (42 Stat. 

108 et seq.), set aside the Hawaiian Home Lands in the Territory 

of Hawaii that had been ceded to the United States for homesteading by Native Hawaiians in order to rehabilitate a landless 

and dying people. When Congress admitted Hawaii to the Union in 

1959, it did so on the condition that Hawaii adopt, ‘‘as a provision 

of the Constitution of said State,’’ the HHCA and that the Act, as 

part of the State constitution, be ‘‘subject to amendment or repeal 

only with the consent of the United States.’’ 6

The NAHASDA provides the best opportunity for the United 

States to empower Indian tribes to address housing needs with 


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tribal housing policies that support the development of tribal economies and provide for their citizens’ most basic needs. The law also 

promotes cultural preservation by enabling families to remain connected to their lands and communities. 

NEED FOR LEGISLATION

This bill would empower Indian tribes to address homelessness 

and overcrowded housing in Indian country. The United States has 

a unique responsibility to Indian people through its government-togovernment relationship with tribes. This responsibility includes 

improving the housing conditions and socioeconomic status of Indian people so that tribes are able to take greater responsibility for 

their own economic condition. 

This legislation would reauthorize the NAHASDA through fiscal 

year 2020 and provide additional enhancements to programs under 

the NAHASDA. It would establish an Assistant Secretary position 

at HUD to oversee Indian programs. It would eliminate duplicative 

requirements when multiple agencies are involved in housing-related activities, such as when meeting the environmental review 

standards for a housing project and when administering programs 

to benefit American Indian veterans. It would authorize a demonstration program for 20 or fewer tribes to select investor partners to develop and implement a plan to address housing needs. It 

would empower tribes to enhance their housing rental policies and 

to utilize income derived from housing assistance activities. 

Below is additional information about noteworthy provisions in 

S. 710: 

Assistant Secretary Position. This legislation would elevate the 

HUD official responsible for the administration of programs that 

serve Indian communities and in so doing help to distinguish these 

programs from HUD’s Public Housing programs. 

Environmental Review Standards. For projects funded by multiple Federal sources, this legislation would authorize the use of 

the environmental standards of the majority Federal partner to 

satisfy the environmental review requirements of other Federal 

agencies. Section 102 would also direct the Secretary of HUD to coordinate environmental review compliance with impacted agencies 

and tribes. 

Undisbursed Funds. This legislation would create an 

undisbursed funds provision. The provision would require that 

block grant recipients with undisbursed Indian Housing Block 

Grant (IHBG) funds in excess of three times their formula allocation as of October 1, 2017, or on any October 1 thereafter, will provide an explanation to HUD. The explanation would explain why 

the recipient has not requested the disbursement of the amounts 

and would demonstrate the recipient’s capacity to spend Federal 

funds in an effective manner. Future block grant allocations would 

be reduced by undisbursed amounts as of October 1 of that fiscal 

year. Tribes receiving less than $5 million in annual IHBG funds 

would be exempted from this provision. 

HUD–VASH. Homeless or under-housed veterans may utilize 

vouchers to attain housing through the HUD–Veterans Affairs Supportive Housing (HUD–VASH) program. This legislation would authorize IHBG recipients to administer the HUD–VASH program 


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through the NAHASDA requirements instead of through the 1937 

Housing Act requirements. 

Native Hawaiian Housing. This legislation would reauthorize 

Title VIII of the NAHASDA through Fiscal Year 2020. Title VIII 

authorizes the Native Hawaiian Housing Block Grant program. 

Tenant Protections. Section 201 of the bill authorizes Indian 

tribes to establish their own written policies governing rents and 

homebuyer payments charged for dwelling units. Tribes may establish their own policies so long as their policies also include a provision addressing maximum rents and homebuyer payments, including tenant protections. 

The Committee supports Indian tribes’ authority to establish 

their own policies. However, the Committee is also very concerned 

about ensuring that tenants and future applicants for assistance 

will be able to afford their rents and homebuyer payments, and will 

continue to have access to affordable housing. 

Accordingly, the Committee encourages Indian tribes that choose 

to take advantage of this provision to establish fair maximum rent 

and homebuyer policies that do not result in a reduction in available affordable housing for low-income Indian families. The Committee also expects HUD to enforce the requirement that Indian 

tribes establish written policies protecting current tenants and lowincome Indian families that apply for housing assistance. 

SECTION-BY-SECTION ANALYSIS

Section 1—Short title; Table of contents; References 

Section 1 states that the Act may be cited as the ‘‘Native American Housing Assistance and Self-Determination Reauthorization 

Act of 2015.’’ 

Section 2—Office of Native American Programs 

The bill establishes a new Office of the Assistant Secretary at the 

U.S. Department of Housing and Urban Development (HUD). 

TITLE I—TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS

Section 101—Treatment of program income and labor standards 

This Section would allow program income (such as rent payments) to be used without the same restrictions placed on the initial program income. It would further provide that, for projects 

funded by multiple Federal sources and where a tribal prevailing 

wage law exists, the tribal standards may govern the prevailing 

wage requirements associated with the use of Federal funds. If 

there is no tribal prevailing wage, the wage standards of the majority Federal partner shall apply to the project. 

Section 102—Environmental review 

This section would authorize, for projects funded by multiple 

Federal sources, the use of the environmental standards under 

NAHASDA to satisfy the environmental review requirements of 

other Federal agencies. Section 102 would also direct the Secretary 

of HUD to coordinate environmental review compliance with all impacted Federal agencies and tribes. 


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Section 103—Authorization of appropriations 

This section would reauthorize the programs under this Act for 

each fiscal year from 2016 through Fiscal Year 2020 for such sums 

as may be necessary. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES

Section 201—Program requirements 

This section would amend the Act so that the existing Federal 

maximum rent requirement applies if a tribe does not have a written policy to govern tenant’s maximum rents or home buyer payments that includes tenant protections. 

Section 202—Homeownership or lease-to-own low-income requirement and income targeting 

This section would allow rental housing to be made available to 

a current tenant for conversion to a homebuyer or lease-purchase 

unit to be purchased by the tenant if that tenant was a low-income 

family at the time of initial occupancy. Section 202 would also ensure that the requirements that housing funded under the Act remain affordable for the useful life of the property do not apply to 

an improvement that is made to a privately owned unit and the 

cost of the improvement is less than ten percent of the maximum 

total development cost of the home. 

Section 203—Lease requirements and tenant selection 

This section would require the owner or manager of the housing 

programs to use leases that require specific written notice of termination. 

Section 204—Self-determined housing activities for tribal communities 

This section would repeal a program for self-determined housing 

activities funded under the Indian Housing Block Grant. 

Section 205—Total development cost maximum project cost 

This section would limit the allowable percentage of development 

costs for a particular housing unit project to 20 percent of the cost 

and require tribal housing entities to seek a waiver from the Secretary for development costs beyond 20 percent. 

TITLE III—ALLOCATION OF GRANT AMOUNTS

Section 301—Effect of undisbursed block grant amounts on annual 

allocations 

This section would require that block grant recipients with 

undisbursed Indian Housing Block Grant (IHBG) funds in excess 

of the prior 3 years’ initial allocations be notified by HUD and demonstrate their capacity to disburse funds. Further, block grant allocations would be reduced starting October 1, 2017, and each subsequent fiscal year for such tribes. The grant allocation, after the reduction, would be the greater of the initial allocation calculation 

minus the amount of undisbursed IHBG funds that exceed the sum 

of the prior 3 years’ initial allocation calculations, or its 1996 MinVerDate Sep 11 2014 00:05 Aug 13, 2015 Jkt 049010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR117.XXX SR117

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imum. Tribes receiving less than $5 million in annual IHBG funds 

would be exempted. 

TITLE IV—COMPLIANCE, AUDITS, AND REPORTS

Section 401—Reports to Congress 

This section would change the requirement that an annual HUD 

Indian housing report be provided to the entire Congress and instead would specifically designate the committees of jurisdiction 

that would receive these annual reports. Section 401 would also require that HUD make the reports publically available. 

TITLE V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Section 501—HUD–Veterans Affairs Supportive Housing program 

for Native American veterans 

This section would authorize Indian Housing Block Grant recipients to administer the HUD–Veterans Affairs Supportive Housing 

(VASH) program under NAHASDA instead of the United States 

Housing Act of 1937 requirements. 

The HUD–VASH program combines Housing Choice Voucher 

rental assistance for homeless veterans with case management and 

clinical services provided by the Department of Veterans Affairs 

(VA). The VA provides these services for participating veterans at 

VA medical centers and community-based outreach clinics. 

Up to five percent of rental assistance provided for the HUD– 

VASH could be used in grants awarded according to need, administrative capacity (of the tribal housing entities), and other funding 

criteria established by the HUD Secretary, in consultation with the 

VA Secretary. 

Tribal housing entities eligible for NAHASDA funding could participate and administer this rental assistance under their 

NAHASDA rental programs. 

The HUD Secretary could waive or specify alternative provisions 

for statutory and regulatory requirements if the Secretary finds a 

waiver or alternative provisions are necessary for the effective administration of housing and rental assistance. 

Section 502—99-year leasehold interest in trust or restricted lands 

for housing purposes 

This section would reconcile a technical difference in the maximum leasehold terms under the NAHASDA and the Helping Expedite and Advance Responsible Tribal Home Ownership Act 

(HEARTH) so that tribes may use either source of authority for 

housing-related land leasing decisions. The HEARTH Act of 2012, 

authorizes leases of trust or restricted surface lands for residential 

purposes for terms not to exceed 75 years. This section extends the 

existing authority for leases under NAHASDA for housing development or residential purposes for terms from 50 for up to 99 years. 

Section 503—Training and technical assistance 

This section would require the Secretary to fund on a competitive 

basis training and technical assistance at the regional and national 

level for recipients of the Indian Housing Block Grant. 


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Section 504—Loan guarantees for Indian housing 

This section would authorize $12.2 million for each fiscal year 

from 2016 through Fiscal Year 2020 for the Loan Guarantees for 

Indian Housing program. 

TITLE VI—DEMONSTRATION PROGRAM FOR ALTERNATIVE

PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING

Section 601—Demonstration program 

This section would establish a demonstration project for up to 20 

tribes to use IHBG allocations with investor partners for private 

development of affordable housing. Reporting and approval requirements would apply. Certain NAHASDA provisions such as block 

grant requirements and loan guarantees for financing would not 

apply. 

Section 602—Clerical amendments 

This section would make clerical amendments to NAHASDA’s 

table of contents. 

TITLE VII—MISCELLANEOUS

Section 701—Community-based organizations and tribally designated housing entities 

This section would authorize a tribally-designated housing entity 

to qualify as a community based development organization when it 

applies for the HUD Indian Community Development Block Grant 

(ICDBG) program. The ICDBG program can provide funding for 

the following: 

• Housing rehabilitation, land acquisition to support new 

housing construction, and under limited circumstances, new 

housing construction. 

• Infrastructure construction, e.g., roads, water and sewer 

facilities; and, single or multipurpose community buildings. 

• Various commercial, industrial, agricultural projects which 

may be recipient owned and operated or which may be owned 

and/or operated by a third party. 

Currently, eligible recipients are tribes and, in limited circumstances, tribal organizations. Prior to the enactment of 

NAHASDA, Indian housing authorities managed housing services 

for most tribes. This provision would include those Indian housing 

authorities that still manage tribal housing services. 

Section 702—Elimination of limitation on use for Cherokee Nation 

This section would repeal the prohibition on funding for the 

Cherokee Nation. 

Section 703—Reauthorization of Native Hawaiian Homeownership 

Act 

This section would reauthorize the Native Hawaiian Homeownership Act for each fiscal year from 2016 through 2020 for such sums 

as may be necessary. 


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Section 704—Reauthorization of loan guarantees for Native Hawaiian housing 

This section would reauthorize $386,000 for each fiscal year from 

2016 through Fiscal Year 2020 for the Loan Guarantees for Native 

Hawaiian Housing program with an aggregate principal loan 

amount not to exceed $41.5 million for each year. 

Section 705—Leveraging 

This section would authorize funds to be used for the purpose of 

meeting matching or cost participation requirements of any other 

Federal or non-Federal program. 

Section 706—Funding for methamphetamine clean-up projects 

This section would amend the Public and Assisted Housing Drug 

Elimination Act of 1990 to allow for grants under that law to include methamphetamine clean-up projects. 

LEGISLATIVE HISTORY

Chairman Barrasso introduced S. 710 on March 11, 2015. The 

bill was referred to the Committee on Indian Affairs. On March 18, 

2015, the Committee on Indian Affairs held a legislative hearing on 

the bill. On April 22, 2015, the Committee met to consider the bill. 

Two amendments were offered. One of the two amendments was 

withdrawn. The bill as amended was adopted and ordered favorably reported by voice vote. Under a 1988 unanimous consent 

agreement regarding legislation governing Indian housing programs at the Department of Housing and Urban Development, the 

Committee on Banking, Housing and Urban Affairs shall have a sequential referral period of not more than 60 days. On June 4, 2015, 

the bill was referred to the Committee on Banking, Housing, and 

Urban Affairs, for a period of not more than 60 days. 

A similar bill was introduced in the House of Representatives. 

On January 14, 2015, Representative Pearce introduced H.R. 360. 

The bill was referred to the House Committee on Financial Services. On March 23, 2015, the House of Representatives passed H.R. 

360 on a motion to suspend the rules and pass the bill. The Senate 

received H.R. 360 and referred the bill to Committee on Indian Affairs on March 24, 2015. 

SUMMARY OF THE AMENDMENTS

The Committee on Indian Affairs held a business meeting on 

April 22, 2015, to consider the bill, S. 710. Chairman Barrasso offered an amendment. Vice-Chairman Tester offered for consideration, but withdrew an amendment. The Committee voted to adopt 

Senator Barrasso’s amendment and then the bill, as amended. 

Senator Barrasso’s amendment incorporated changes to sections 

201 and 301. The changes to section 201 required tribal rental rate 

policies to account for tenant protections. The changes to section 

301 were technical in nature and clarified in the bill what tribes 

and the Administration agreed to during a 2014 government-togovernment negotiation process that considered the law’s treatment 

of undisbursed funds. 


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COMMITTEE RECOMMENDATION

On April 22, 2015, the Committee on Indian Affairs held a business meeting to consider S. 710. Chairman Barrasso offered an 

amendment, which was adopted by voice vote. The Committee ordered the bill, as amended, reported to the full Senate with the recommendation that it do pass upon completion of the Committee on 

Banking, Housing and Urban Affairs consideration of the legislation. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated May 14, 2015, was prepared for S. 710: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 14, 2015. 

Hon. JOHN BARRASSO, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC 20510 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 710, the Native American 

Housing Assistance and Self-Determination Reauthorization Act of 

2015. 

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

to provide them. The CBO staff contact is Elizabeth Cove Delisle. 

KEITH HALL. 

Enclosure. 

S. 710—Native American Housing Assistance and Self-Determination Reauthorization Act of 2015 

Summary: S. 710 would reauthorize Native American and Native 

Hawaiian block grant and loan guarantee programs, which provide 

housing assistance, through fiscal year 2020. In addition, the bill 

would authorize a new set-aside program to provide rental assistance to Native American veterans who are homeless or at risk of 

homelessness. CBO estimates that implementing S. 710 would cost 

about $2.4 billion over the 2016–2020 period, assuming appropriation of the necessary amounts. 

Pay-as-you-go procedures do not apply to this legislation because 

it would not affect direct spending or revenues. 

S. 710 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 710 is shown in the following table. The costs of 

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

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016– 

2020 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Native American Housing Block Grants: 

Estimated Authorization Level ....................................................... 656 668 681 695 709 3,410 

Estimated Outlays ......................................................................... 243 378 478 566 643 2,307 

Loan Guarantees for Indian Housing: 

Authorization Level ........................................................................ 12 12 12 12 12 61 


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By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016– 

2020 

Estimated Outlays ......................................................................... 12 12 12 12 12 61 

Native Hawaiian Housing Block Grants: 

Estimated Authorization Level ....................................................... 9 9 9 10 10 47 

Estimated Outlays ......................................................................... 1 3 5 7 9 23 

Housing for Native American Veterans: 

Estimated Authorization Level ....................................................... 4 4 4 4 4 20 

Estimated Outlays ......................................................................... 3 4 4 4 4 19 

Training and Technical Assistance: 

Estimated Authorization Level ....................................................... 4 4 4 4 4 18 

Estimated Outlays ......................................................................... 4 4 4 4 4 18 

Loan Guarantees for Native Hawaiian Housing: 

Authorization Level ........................................................................ * * * * * 2 

Estimated Outlays ......................................................................... * * * * * 2 

Assistant Secretary for the Office of Native American Programs: 

Estimated Authorization Level ....................................................... * * * * * 1 

Estimated Outlays ......................................................................... * * * * * 1 

Total Changes: 

Estimated Authorization Level .............................................. 685 697 711 725 740 3,559 

Estimated Outlays ................................................................ 263 401 503 593 672 2,432 

Notes: Components may not sum to totals because of rounding. 

* = less than $500,000. 

Basis of estimate: CBO estimates that implementing S. 710 

would cost about $2.4 billion over the next five years, assuming appropriation of the necessary funds. For this estimate, CBO assumes 

that S. 710 will be enacted near the end of fiscal year 2015, that 

the necessary funds will be appropriated at or near the beginning 

of each fiscal year, and that appropriated funds will be spent at 

historical rates for the affected programs. 

Native American Housing Block Grants: Section 103 would authorize the appropriation of such sums as may be necessary for the 

Native American Housing Block Grant program through fiscal year 

2020. The block grant program provides funding to tribes to acquire, construct, rehabilitate, or manage affordable housing for Native American families with low incomes. In 2015, the Congress appropriated about $650 million for that program. Assuming continued appropriations at that level and adjusting for anticipated inflation, CBO estimates that implementing that section would cost 

slightly more than $2.3 billion over the 2016–2020 period. 

Loan guarantees for Indian housing: Section 504 would authorize 

the appropriation of $12.2 million annually through 2020 for guaranteed loans to Native American families and tribes to construct, 

acquire or rehabilitate homes located on tribal land. CBO estimates 

that implementing that section would cost $61 million over the 

2016–2020 period. In 2015, the Congress appropriated $7 million 

for those guarantees. 

Native Hawaiian Housing Block Grants: Section 703 would authorize the appropriation of such sums as may be necessary for the 

Native Hawaiian Housing Block Grant program through fiscal year 

2020. Such grants are used to develop, maintain, and operate affordable housing for Native Hawaiian families with low income 

through the Department of Hawaiian Home Lands. In 2015, the 

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

$23 million over the 2016–2020 period. 


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Housing for Native American veterans: Section 501 would authorize a program to provide rental assistance to Native American 

veterans who are homeless or at risk of homelessness. Each year 

5 percent of the funds made available for the Veterans Affairs Supported Housing program (VASH) would be set aside for Native 

American veterans. In 2015, $75 million was appropriated for the 

VASH program. Assuming a program level that is roughly equal to 

5 percent of that amount, and adjusting for anticipated inflation, 

CBO estimates that implementing that section would cost $19 million over the 2016–2020 period. 

Training and technical assistance: Section 503 would authorize 

the appropriation of such sums as may be necessary for a national 

or regional organization to provide training to Indian housing authorities. In 2015, the Congress provided $3.5 million for that purpose from funds appropriated for the Native American Housing 

Block Grant program. Assuming continued appropriations at that 

level and adjusting for anticipated inflation, CBO estimates that 

implementing that section would cost $18 million over the 2016– 

2020 period. 

Loan guarantees for Native Hawaiian housing: Section 704 

would authorize the appropriation of $0.4 million annually through 

2020 to guarantee loans to Native Hawaiians to construct, acquire, 

or rehabilitate homes located on Hawaiian Home Lands. CBO estimates that implementing that section would cost $2 million over 

the 2016–2020 period. In 2015, $0.1 million was available for those 

guarantees. 

Assistant Secretary for the Office of Native American Programs: 

Section 2 would establish a new position for an Assistant Secretary 

in the Office of Native American Programs. Based on information 

about the costs of the salary and benefits for an Assistant Secretary, CBO estimates that implementing the provision would cost 

about $1 million over the 2016–2020 period. 

Pay-As-You Go considerations: None. 

Intergovernmental and private-sector impact: S. 710 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

Grants authorized in the bill would benefit tribal governments that 

participate in housing assistance programs. Any costs to those governments for complying with grant conditions would be incurred 

voluntarily. 

Estimate prepared by: Federal Costs: Elizabeth Cove Delisle; Impact on State, Local, and Tribal Governments: J’nell Blanco Suchy; 

Impact on the Private Sector: Paige Piper/Bach. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 710. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires each report accompanying a bill to evaluate the regulatory and paperwork impact that would be incurred in carrying 


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out the bill. The Committee believes that S. 710 will have a minimal impact on regulatory or paperwork requirements. 

CHANGES IN EXISTING LAW (CORDON RULE) 

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

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

25 U.S.C. § 4102 (Native American Housing Assistance and SelfDetermination Act) 

SECTION 2. OFFICE OF NATIVE AMERICAN PROGRAMS. 

(a) øThe Secretary¿ IN GENERAL.—The Secretary of Housing and 

Urban Development shall carry out this chapter through the Office 

of Native American Programs of the Department of Housing and 

Urban Development. 

(b) ESTABLISHMENT OF OFFICE OF ASSISTANT SECRETARY.—The 

head of the Office of Native American Programs shall be the Assistant Secretary, to be appointed by the President, by and with the advice and consent of the Senate. 

25 U.S.C. § 4114 (Native American Housing Assistance and SelfDetermination Act) 

SECTION 101. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS . 

(a) PROGRAM INCOME.— 

ø(1) AUTHORITY TO RETAIN.—Notwithstanding any other provision of this chapter, a recipient may retain any program income that is realized from any grant amounts under this chapter if— 

ø(A) such income was realized after the initial disbursement of the grant amounts received by the recipient; and 

ø(B) the recipient has agreed that it will utilize such income for housing related activities in accordance with this 

chapter.¿ 

(1) AUTHORITY TO RETAIN.— 

(A) IN GENERAL.—Notwithstanding any other provision of 

this Act, a recipient may retain any program income that 

is realized from any grant amounts under this Act if— 

(i) the income was realized after the initial disbursement of the grant amounts received by the recipient; 

and 

(ii) the recipient has agreed that the recipient will 

utilize the income for housing related activities in accordance with this Act. 

(B) REQUIREMENTS.—Any income that is realized by a recipient from program income shall— 

(i) be considered nonprogram income; and 

(ii) have no restrictions on use; and 

(2) PROHIBITION OF RESTRICTED ACCESS OR REDUCTION OF

GRANT.—The Secretary may not restrict access to or reduce the 

grant amount for any Indian tribe based solely on— 


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(A) whether the recipient for the tribe retains program 

income under paragraph (1); 

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

(C) whether the recipient retains reserve amounts described in section 4140 of this title; or 

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

(3) EXCLUSION OF AMOUNTS.—The Secretary may, by regulation, exclude from consideration as program income any 

amounts determined to be so small that compliance with the 

requirements of this subsection would create an unreasonable 

administrative burden on the recipient. 

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

Notwithstanding any other provision of this chapter, any income derived from a regular and customary developer’s fee for 

any project that receives a low-income housing tax credit under 

section 42 of title 26, and that is initially funded using a grant 

provided under this chapter, shall not be considered to be program income if the developer’s fee is approved by the State 

housing credit agency. 

(b) LABOR STANDARDS.— 

(1) IN GENERAL.—Any contract or agreement for assistance, 

sale, or lease pursuant to this chapter shall contain a provision 

requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination 

under applicable State, tribal, or local law) by the Secretary, 

shall be paid to all architects, technical engineers, draftsmen, 

and technicians employed in the development, and all maintenance laborers and mechanics employed in the operation, of 

the affordable housing project involved; and shall also contain 

a provision that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to 

sections 3141–3144, 3146, and 3147 of title 40, shall be paid 

to all laborers and mechanics employed in the development of 

the affordable housing involved, and the Secretary shall require certification as to compliance with the provisions of this 

paragraph before making any payment under such contract or 

agreement. 

(2) EXCEPTIONS.—Paragraph (1) and the provisions relating 

to wages (pursuant to paragraph (1)) in any contract or agreement for assistance, sale, or lease pursuant to this chapter, 

shall not apply to any individual who receives no compensation 

or is paid expenses, reasonable benefits, or a nominal fee to 

perform the services for which the individual volunteered and 

who is not otherwise employed at any time in the construction 

work. 

ø(3) APPLICATION OF TRIBAL LAWS.—Paragraph (1) shall not 

apply to any contract or agreement for assistance, sale, or lease 

pursuant to this chapter, if such contract or agreement is otherwise covered by one or more laws or regulations adopted by 

an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe.¿ 

(3) APPLICATION OF TRIBAL LAWS.— 


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(A) IN GENERAL.—Paragraph (1) shall not apply to any 

contract or agreement for assistance, sale, or lease pursuant 

to this Act, if that contract or agreement is otherwise covered by 1 or more laws or regulations adopted by an Indian 

tribe that requires the payment of not less than prevailing 

wages, as determined by the Indian tribe. 

(B) WAGES.—The prevailing wages described in subparagraph (A) shall apply to the administration of all Federal 

funding for projects funded in part by funds authorized 

under this Act. 

25 U.S.C. § 4115(e) (Native American Housing Assistance and SelfDetermination Act) 

SECTION 102. ENVIRONMENTAL REVIEW. 

* * * * * * * 

(e) ENVIRONMENTAL REVIEW.— (1) IN GENERAL.—Notwithstanding any other provision of law 

or use of any other source of funding for the project, compliance 

with the environmental review requirements of this section shall 

satisfy any other applicable environmental review requirement 

under any other Federal law (including regulations) required to 

be carried out by any agency involved in the project. 

(2) COORDINATION WITH OTHER AGENCIES.—The Secretary 

shall coordinate compliance with any environmental review requirements with all impacted Federal agencies and Indian 

tribes. 

25 U.S.C. § 4117 (Native American Housing Assistance and SelfDetermination Act) 

SECTION 103. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated for grants under this 

subchapter such sums as may be necessary for each of fiscal years 

ø2009 through 2013¿ 2016 through 2020. This section shall take effect on October 26, 1996. 

25 U.S.C. § 4133(a) (Native American Housing Assistance and SelfDetermination Act) 

SECTION 201. PROGRAM REQUIREMENTS. 

(a) RENTS.— 

(1) ESTABLISHMENT. Subject to øparagraph (2)¿ paragraph 

(2) and (3), each recipient shall develop written policies governing rents and homebuyer payments charged for dwelling 

units assisted under this chapter, including the methods by 

which such rents and homebuyer payments are determined. 

(2) APPLICATION OF TRIBAL POLICIES.—Paragraph (3) shall 

not apply if— 

(A) the recipient has a written policy governing rents and 

homebuyer payments charged for dwelling units; and 

(B) that policy includes a provision governing maximum 

rents or homebuyer payments, including tenant protections. 

ø(2)¿ (3) MAXIMUM RENT.—øIn the case of¿ In the absence of 

a written policy governing rents and homebuyer payments, in 

the case of any low-income family residing in a dwelling unit 


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assisted with grant amounts under this chapter, the monthly 

rent or homebuyer payment (as applicable) for such dwelling 

unit may not exceed 30 percent of the monthly adjusted income 

of such family. 

25 U.S.C. § 4135 (Native American Housing Assistance and SelfDetermination Act) 

SECTION 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND INCOME TARGETING. 

(a) IN GENERAL.—Housing shall qualify as affordable housing for 

purposes of this chapter only if— 

(1) each dwelling unit in the housing— 

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

occupancy only by a family that is a low-income family at 

the time of their initial occupancy of such unit; 

(B) in the case of a contract to purchase existing housing, is made available for purchase only by a family that 

is a low-income family at the time of purchase; 

(C) in the case of a lease-purchase agreement for existing housing or for housing to be constructed, is made available for lease-purchase only by a family that is a low-income family at the time the agreement is entered into; 

øand¿ 

(D) in the case of a contract to purchase housing to be 

constructed, is made available for purchase only by a family that is a low-income family at the time the contract is 

entered into; and 

(E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available 

to a current rental family for conversion to a homebuyer or 

a lease-purchase unit, that the current rental family can 

purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for 

purchase only by the current rental family, if the rental 

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

occupancy of such unit; and 

(2) except for housing assisted under section 1437bb of title 

42 (as in effect before the date of the effectiveness of this chapter), each dwelling unit in the housing will remain affordable, 

according to binding commitments satisfactory to the Secretary, for the remaining useful life of the property (as determined by the Secretary) without regard to the term of the 

mortgage or to transfer of ownership, or for such other period 

that the Secretary determines is the longest feasible period of 

time consistent with sound economics and the purposes of this 

chapter, except upon a foreclosure by a lender (or upon other 

transfer in lieu of foreclosure) if such action— 

(A) recognizes any contractual or legal rights of public 

agencies, nonprofit sponsors, or others to take actions that 

would avoid termination of low-income affordability in the 

case of foreclosure or transfer in lieu of foreclosure; and 

(B) is not for the purpose of avoiding low-income affordability restrictions, as determined by the Secretary. 


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(b) EXCEPTION.—Notwithstanding subsection (a) of this section, 

housing assisted pursuant to section 4131(b)(2) of this title shall be 

considered affordable housing for purposes of this chapter. 

(c) APPLICABILITY.— 

øThe provisions¿ (1) IN GENERAL.—The provisions of paragraph (2) of subsection (a) regarding binding commitments for 

the remaining useful life of property shall not apply to a family 

or household member who subsequently takes ownership of a 

homeownership unit. 

(2) APPLICABILITY TO IMPROVEMENTS.—The provisions of subsection (a)(2) regarding binding commitments for the remaining 

useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the 

home. 

25 U.S.C. § 4137 (Native American Housing Assistance and SelfDetermination Act) 

SECTION 203. LEASE REQUIREMENTS AND TENANT SELECTION. 

(a) LEASES.—Except to the extent otherwise provided by or inconsistent with tribal law, in renting dwelling units in affordable 

housing assisted with grant amounts provided under this chapter, the owner or manager of the housing shall utilize leases 

that— 

(1) do not contain unreasonable terms and conditions; 

(2) require the owner or manager to maintain the housing in 

compliance with applicable housing codes and quality standards; 

(3) require the owner or manager to give adequate written 

notice of termination of the lease, which shall be the period of 

time required under State, tribal, or local law; 

(4) specify that, with respect to any notice of eviction or termination, notwithstanding any State, tribal, or local law, a 

resident shall be informed of the opportunity, prior to any 

hearing or trial, to examine any relevant documents, records, 

or regulations directly related to the eviction or termination; 

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

tenancy, during the term of the lease, except for serious or repeated violation of the terms or conditions of the lease, violation of applicable Federal, State, tribal, or local law, or for 

other good cause; and 

(6) provide that the owner or manager may terminate the 

tenancy of a resident for any activity, engaged in by the resident, any member of the household of the resident, or any 

guest or other person under the control of the resident, that— 

(A) threatens the health or safety of, or right to peaceful 

enjoyment of the premises by, other residents or employees 

of the owner or manager of the housing; 

(B) threatens the health or safety of, or right to peaceful 

enjoyment of their premises by, persons residing in the immediate vicinity of the premises; or 

(C) is criminal activity (including drug-related criminal 

activity) on or off the premises. 


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(b) TENANT AND HOMEBUYER SELECTION.—The owner or manager 

of affordable rental housing assisted with grant amounts provided 

under this chapter shall adopt and utilize written tenant and 

homebuyer selection policies and criteria that— 

(1) are consistent with the purpose of providing housing for 

low-income families; 

(2) are reasonably related to program eligibility and the ability of the applicant to perform the obligations of the lease; and 

(3) provide for— 

(A) the selection of tenants and homebuyers from a written waiting list in accordance with the policies and goals 

set forth in the Indian housing plan for the tribe that is 

the grant beneficiary of such grant amounts; and 

(B) the prompt notification in writing to any rejected applicant of that rejection and the grounds for that rejection. 

(c) NOTICE OF TERMINATION.—The notice period described in subsection (a)(3) shall apply to projects and programs funded in part 

by amounts authorized under this Act. 

25 U.S.C. § 4145 et seq. (Native American Housing Assistance and 

Self-Determination Act) 

SECTION 204. SELF-DETERMINATION HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES. 

ø§ 4145. Purpose. 

øThe purpose of this part is to establish a program for self-determined housing activities for the tribal communities to provide Indian tribes with the flexibility to use a portion of the grant 

amounts under section 4111 of this title for the Indian tribe in 

manners that are wholly self-determined by the Indian tribe for 

housing activities involving construction, acquisition, rehabilitation, 

or infrastructure relating to housing activities or housing that will 

benefit the community served by the Indian tribe. 

ø§ 4145a. Program authority. 

ø(a) DEFINITION OF QUALIFYING INDIAN TRIBE.—In this section, 

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

year, an Indian tribe or tribally designated housing entity— 

ø(1) to or on behalf of which a grant is made under section 

4111 of this title; 

ø(2) that has complied with the requirements of section 

4112(b)(6) 1 of this title; and 

ø(3) that, during the preceding 3-fiscal-year period, has no 

unresolved significant and material audit findings or exceptions, as demonstrated in— 

ø(A) the annual audits of that period completed under 

chapter 75 of title 31 (commonly known as the ‘‘Single 

Audit Act’’); or 

ø(B) an independent financial audit prepared in accordance with generally accepted auditing principles. 

ø(b) AUTHORITY.—Under the program under this part, for each of 

fiscal years 2009 through 2013, the recipient for each qualifying Indian tribe may use the amounts specified in subsection (c) in accordance with this part. 


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

amounts referred to in subsection (b) are amounts from any grant 

provided under section 4111 of this title to the recipient for the fiscal year, as determined by the recipient, but in no case exceeding 

the lesser of— 

ø(1) an amount equal to 20 percent of the total grant amount 

for the recipient for that fiscal year; and 

ø(2) $2,000,000. 

ø§ 4145b. Use of amounts for housing activities. 

ø(a) ELIGIBLE HOUSING ACTIVITIES.—Any amounts made available for use under this part by a recipient for an Indian tribe shall 

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

the recipient and described in the Indian housing plan for the Indian tribe pursuant to section 4112(b)(6) 1 of this title, for the construction, acquisition, or rehabilitation of housing or infrastructure 

in accordance with section 4132 of this title to provide a benefit to 

families described in section 4131(b)(1) of this title. 

ø(b) PROHIBITION ON CERTAIN ACTIVITIES.—Amounts made available for use under this part may not be used for commercial or economic development. 

ø§ 4145c. Inapplicability of other provisions. 

ø(a) IN GENERAL.—Except as otherwise specifically provided in 

this chapter, subchapter I, part A of subchapter II, and subchapters III through VIII shall not apply to— 

ø(1) the program under this part; or 

ø(2) amounts made available in accordance with this part. 

ø(b) APPLICABLE PROVISIONS.—The following provisions of subchapters I through VIII shall apply to the program under this part 

and amounts made available in accordance with this part: 

ø(1) Section 4111(c) of this title (relating to local cooperation 

agreements). 

ø(2) Subsections (d) and (e) of section 4111 of this title (relating to tax exemption). 

ø(3) Section 4111(j) of this title (relating to Federal supply 

sources). 

ø(4) Section 4111(k) of this title (relating to tribal preference 

in employment and contracting). 

ø(5) Section 4112(b)(4) 1 of this title (relating to certification 

of compliance). 

ø(6) Section 4114 of this title (relating to treatment of program income and labor standards). 

ø(7) Section 4115 of this title (relating to environmental review). 

ø(8) Section 4131(b) of this title (relating to eligible families). 

ø(9) Section 4133(c) of this title (relating to insurance coverage). 

ø(10) Section 4133(g) of this title (relating to a de minimis 

exemption for procurement of goods and services). 

ø(11) Section 4136 2 of this title (relating to treatment of 

funds). 

ø(12) Section 4139 of this title (relating to noncompliance 

with affordable housing requirement). 


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ø(13) Section 4161 of this title (relating to remedies for noncompliance). 

ø(14) Section 4168 of this title (relating to public availability 

of information). 

ø(15) Section 4211 of this title (relating to 50-year leasehold 

interests in trust or restricted lands for housing purposes). 

ø§ 4145d. Review and report. 

ø(a) REVIEW.—During calendar year 2011, the Secretary shall 

conduct a review of the results achieved by the program under this 

part to determine— 

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

under the program; 

ø(2) the effects of the housing described in paragraph (1) on 

costs to low-income families of affordable housing; 

ø(3) the effectiveness of each recipient in achieving the results intended to be achieved, as described in the Indian housing plan for the Indian tribe; and 

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

of the program and increasing the amount of grants under section 4111 of this title that may be used under the program. 

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

shall submit to Congress a report describing the information obtained pursuant to the review under subsection (a) (including any 

conclusions and recommendations of the Secretary with respect to 

the program under this part), including— 

ø(1) recommendations regarding extension of the program for 

subsequent fiscal years and increasing the amounts under section 4145a(c) of this title that may be used under the program; 

and 

ø(2) recommendations for— 

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

prohibited from participating in the program for failure to 

achieve results; and 

ø(ii) the period for which such a prohibition should 

remain in effect; or 

ø(B) standards and procedures by which Indian tribes or 

recipients may be prohibited from participating in the program for failure to achieve results. 

ø(c) PROVISION OF INFORMATION TO SECRETARY.—Notwithstanding any other provision of this chapter, recipients participating in the program under this part 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.¿ 

SECTION 205. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST. 

Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 

U.S.C. 4103)) that is developed, acquired, or assisted under the 

block grant program established under section 101 of the Native 

American Housing Assistance and Self-Determination Act of 1996 

(25 U.S.C. 4111) shall not exceed by more than 20 percent, without 

prior approval of the Secretary of Housing and Urban Development, 

the total development cost maximum cost for all housing assisted 


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under an affordable housing activity, including development and 

model activities. 

25 U.S.C. § 4151 et seq. (Native American Housing Assistance and 

Self-Determination Act) 

SECTION 301. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS. 

(a) NOTIFICATION OF OBLIGATED, UNDISBURSED GRANT

AMOUNTS.—Subject to subsection (d), if on October 1, 2017, or on 

any October 1 thereafter, the total amount of undisbursed block 

grants for a recipient in the line of credit control (or a successor system) of the Department of Housing and Urban Development is 

greater than the sum of the initial allocations for the previous 3 fiscal years, the Secretary shall— 

(1) not later than October 31 of that year, notify the Indian 

tribe allocated the grant amounts, and any tribally designated 

housing entity for the Indian tribe, of the undisbursed amounts; 

and 

(2) require the recipient for the Indian tribe, not later than 

30 days after the Secretary provides notification pursuant to 

paragraph (1)— 

(A) to notify the Secretary in writing of the reasons why 

the recipient has not requested the disbursement of the 

amounts; and 

(B) to demonstrate to the satisfaction of the Secretary 

that the recipient has the capacity to spend Federal funds 

in an effective manner, which may include evidence of the 

timely expenditure of amounts previously distributed to the 

recipient under this Act. 

(b) ALLOCATION AMOUNT.—Notwithstanding sections 301 and 

302, the allocation for a recipient for a fiscal year described in subsection (a) shall be the greater of— 

(1) an amount equal to the difference between— 

(A) the amount initially calculated according to the formula; minus 

(B) an amount equal to the difference between— 

(i) the total amount of undisbursed block grants for 

the recipient in the line of credit control system (or a 

successor system) of the Department of Housing and 

Urban Development on October 1 of the fiscal year; and 

(ii) the sum of the initial allocations for the previous 

3 fiscal years; or 

(2) the amount that the recipient would otherwise receive 

under section 302(d). 

(c) REALLOCATION.—Notwithstanding any other provision of law, 

any grant amounts not allocated to a recipient pursuant to subsection (b) shall be allocated under the needs component of the formula. 

(d) INAPPLICABILITY.—Subsections (a) and (b) shall not apply to 

an Indian tribe with respect to any fiscal year for which the amount 

allocated for the Indian tribe for block grants under this Act is less 

than $5,000,000. 

(e) EFFECT.—Nothing in this section— 

(1) requires the promulgation of any regulation; or 


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(2) confers hearing rights under this section or any other provision of this Act. 

25 U.S.C. § 4167 (Native American Housing Assistance and SelfDetermination Act) 

SECTION. 401. REPORTS TO CONGRESS. 

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

each fiscal year in which assistance under this chapter is made 

available, the Secretary shall submit to the øCongress¿ Committee 

on Indian Affairs and the Committee on Banking, Housing and 

Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains— 

(1) a description of the progress made in accomplishing the 

objectives of this chapter; 

(2) a summary of the use of funds available under this chapter during the preceding fiscal year; and 

(3) a description of the aggregate outstanding loan guarantees under subchapter VI of this chapter. 

(b) RELATED REPORTS.—The Secretary may require recipients of 

grant amounts under this chapter to submit to the Secretary such 

reports and other information as may be necessary in order for the 

Secretary to make the report required by subsection (a) of this section. 

(c) PUBLIC AVAILABILITY.—The report described in subsection (a) 

shall be made publicly available, including to recipients. 

42 U.S.C. 1437f(o)(19) United States Housing Act of 1937 

SECTION 501. HUD VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR NATIVE AMERICAN VETERANS. 

* * * * * * * 

(19) RENTAL VOUCHERS FOR VETERANS AFFAIRS SUPPORTED

HOUSING PROGRAM

(A) SET ASIDE.—Subject to subparagraph (C), the Secretary shall set aside, from amounts made available for 

rental assistance under this subsection, the amounts specified in subparagraph (B) for use only for providing such assistance through a supported housing program administered in conjunction with the Department of Veterans Affairs. Such program shall provide rental assistance on behalf of homeless veterans who have chronic mental illnesses or chronic substance use disorders, shall require 

agreement of the veteran to continued treatment for such 

mental illness or substance use disorder as a condition of 

receipt of such rental assistance, and shall ensure such 

treatment and appropriate case management for each veteran receiving such rental assistance. 

(B) AMOUNT.—The amount specified in this subparagraph is— 

(i) for fiscal year 2007, the amount necessary to provide 500 vouchers for rental assistance under this subsection; 

(ii) for fiscal year 2008, the amount necessary to 

provide 1,000 vouchers for rental assistance under this 

subsection; 


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(iii) for fiscal year 2009, the amount necessary to 

provide 1,500 vouchers for rental assistance under this 

subsection; 

(iv) for fiscal year 2010, the amount necessary to 

provide 2,000 vouchers for rental assistance under this 

subsection; and 

(v) for fiscal year 2011, the amount necessary to provide 2,500 vouchers for rental assistance under this 

subsection. 

(C) FUNDING THROUGH INCREMENTAL ASSISTANCE.—In 

any fiscal year, to the extent that this paragraph requires 

the Secretary to set aside rental assistance amounts for 

use under this paragraph in an amount that exceeds the 

amount set aside in the preceding fiscal year, such requirement shall be effective only to such extent or in such 

amounts as are or have been provided in appropriation 

Acts for such fiscal year for incremental rental assistance 

under this subsection. 

(D) NATIVE AMERICAN VETERANS.— 

(i) AUTHORITY.—Of the funds made available for 

rental assistance under this subsection for fiscal year 

2015 and each fiscal year thereafter, the Secretary 

shall set aside 5 percent for a supported housing and 

rental assistance program modeled on the HUD-Veterans Affairs Supportive Housing program, to be administered in conjunction with the Department of Veterans Affairs, for the benefit of homeless Native American veterans and veterans at risk of homelessness. 

(I) INDIAN.—The term ‘Indian’ has the meaning 

given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b). 

(ii) RECIPIENTS.—Funds made available under 

clause (i) shall be made available to recipients eligible 

to receive block grants under the Native American 

Housing Assistance and Self-Determination Act of 1996 

(25 U.S.C. 4101 et seq.). 

(iii) FUNDING CRITERIA.—Funds made available 

under clause (i) shall be awarded based on need, administrative capacity, and any other funding criteria 

established by the Secretary in a notice published in 

the Federal Register, after consultation with the Secretary of Veterans Affairs, by a date sufficient to provide for implementation of the program under this subparagraph in accordance with clause (i). 

(iv) PROGRAM REQUIREMENTS.—Funds made available under clause (i) shall be administered by block 

grant recipients in accordance with the program requirements of the Native American Housing Assistance 

and Self-Determination Act of 1996 (25 U.S.C. 4101 et 

seq.) in lieu of any program requirements of this Act. 

(v) WAIVER.—The Secretary may waive, or specify alternative requirements for any provision of any law or 

regulation that the Secretary administers in connection 

with the use of funds made available under this subVerDate Sep 11 2014 00:05 Aug 13, 2015 Jkt 049010 PO 00000 Frm 00022 Fmt 6659 Sfmt 6603 E:\HR\OC\SR117.XXX SR117

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paragraph, on a finding by the Secretary that a waiver 

or alternative requirement is necessary— 

(I) to promote administrative efficiency; 

(II) to eliminate delay; 

(III) to consolidate or eliminate duplicative or ineffective requirements or criteria; or 

(IV) to otherwise provide for the effective delivery 

and administration of the supportive housing and 

rental assistance program described in clause (i) 

with respect to Native American veterans. 

(vi) CONSULTATION.—Not later than a date that is 

sufficient to provide for implementation of the program 

under this subparagraph in accordance with clause (i), 

the Secretary and the Secretary of Veterans Affairs 

shall jointly consult with block grant recipients and 

any other appropriate tribal organizations to ensure— 

(I) that block grant recipients administering 

funds made available under clause (i) are able to 

effectively coordinate with providers of supportive 

services provided in connection with the supportive 

housing and rental assistance program described 

in that clause; and 

(II) the effective delivery of supportive services to 

Native American veterans that are homeless or at 

risk of homelessness and eligible to receive assistance under this subparagraph. 

(vii) NOTICE.—After providing to Indian tribes and 

tribally designated housing agencies opportunity for 

comment and consultation, the Secretary shall establish the requirements and criteria for the supportive 

housing and rental assistance program described in 

clause (i) by final notice published in the Federal Register. 

25 U.S.C. § 4211 (Native American Housing Assistance and SelfDetermination Act) 

SECTION 502. ø50-YEAR¿ 99-YEAR LEASEHOLD INTEREST IN TRUST OR 

RESTRICTED LANDS FOR HOUSING PURPOSES. 

ø50-year¿ 99-year leasehold interest in trust or restricted lands 

for housing purposes. 

(a) AUTHORITY TO LEASE.—Notwithstanding any other provision 

of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to 

the approval of the affected Indian tribe and the Secretary of the 

Interior, for housing development and residential purposes. 

(b) TERM.—Each lease pursuant to subsection (a) of this section 

shall be for a term not exceeding ø50 years¿ 99 years. 

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

to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that— 

(1) is conferred by or pursuant to any other provision of law 

in effect before, on, or after the date of enactment of this section; 

or 

(2) provides for leases for any period exceeding ø50 years¿ 99 

years. 


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(d) SELF-IMPLEMENTATION.—This section is intended to be selfimplementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705. 

25 U.S.C. § 4212 (Native American Housing Assistance and SelfDetermination Act) 

SECTION 503. TRAINING AND TECHNICAL ASSISTANCE. 

øThere 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 2009 through 2013.¿ 

The Secretary shall make available for assistance, to be awarded 

on a competitive basis, for a national or regional 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 

fiscal year. 

12 U.S.C. 1715z–13a(i)(5) (Housing and Community Development 

Act of 1992) 

SECTION 504. LOAN GUARANTEES FOR INDIAN HOUSING. 

* * * * * * * 

(5) LIMITATION ON COMMITMENTS TO GUARANTEE LOANS AND

MORTGAGES.— 

(A) REQUIREMENT OF APPROPRIATIONS.—The authority of 

the Secretary to enter into commitments to guarantee 

loans under this section shall be effective for any fiscal 

year to the extent or in such amounts as are or have been 

provided in appropriations Acts, without regard to the fiscal year for which such amounts were appropriated. 

(B) LIMITATIONS ON COSTS OF GUARANTEES.—The authority of the Secretary to enter into commitments to guarantee loans under this section shall be effective for any fiscal year only to the extent that amounts in the Guarantee 

Fund are or have been made available in appropriation 

Acts to cover the costs (as such term is defined in section 

661a of title 2) of such loan guarantees for such fiscal year. 

There are authorized to be appropriated for those costs 

$12,200,000 for each of fiscal years 2016 through 2020. 

Any amounts appropriated pursuant to this subparagraph 

shall remain available until expended. 

(C) LIMITATION ON OUTSTANDING AGGREGATE PRINCIPAL

AMOUNT.—Subject to the limitations in subparagraphs (A) 

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

guarantee loans under this section in each of fiscal years 

[2008 through 2012] 2016 through 2020 with an aggregate 

outstanding principal amount not exceeding such amount 

as may be provided in appropriation Acts for such fiscal 

year. 

SECTION 601. DEMONSTRATION PROGRAM. 

SEC. 901. DEFINITIONS. 

In this title: 


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(1) AFFORDABLE HOUSING.—The term ‘affordable housing’ has 

the meaning given the term in section 4. 

(2) HOUSING INFRASTRUCTURE.—The term ‘housing infrastructure’ means basic facilities, services, systems, and installations necessary or appropriate for the functioning of a housing 

community, including facilities, services, systems, and installations for water, sewage, power, communications, and transportation. 

(3) LONG-TERM LEASE.—The term ‘long-term lease’ means an 

agreement between a participating Indian tribe and a member 

of the participating Indian tribe that authorizes the member— 

(A) to occupy a specific plot of tribal land for 50 or more 

years; and 

(B) to request renewal of the agreement at least once. 

(4) PARTICIPATING INDIAN TRIBE.—The term ‘participating Indian tribe’ means an Indian tribe for which a final plan under 

section 905 for participation in the demonstration program 

under this title has been approved by the Secretary under section 906. 

SEC. 902. AUTHORITY. 

(a) IN GENERAL.—In addition to any other authority provided in 

this Act for the construction, development, maintenance, and operation of housing for Indian families, the Secretary shall provide a 

participating Indian tribe having a final plan approved pursuant to 

section 906 with the authority to exercise the activities provided 

under this title and the plan for the acquisition and development of 

housing to meet the needs of members of the participating Indian 

tribe. 

(b) INAPPLICABILITY.—Except as otherwise specifically provided in 

this title, titles I through IV, VI, and VII shall not apply to the use 

of funds by a participating Indian tribe during any period during 

which the Indian tribe is participating in the demonstration program under this title. 

(c) APPLICABILITY.—The following provisions of titles I through 

VIII shall apply to the demonstration program under this title and 

amounts made available under the demonstration program under 

this title: 

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

(2) Section 101(j) (relating to Federal supply sources). 

(3) Section 101(k) (relating to tribal preference in employment 

and contracting). 

(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), except as otherwise provided in this title. 

(7) Section 203(g) (relating to a de minimis exemption for procurement of goods and services). 

(8) Section 702 (relating to 99-year leasehold interests in trust 

or restricted lands for housing purposes). 

SEC. 903. PARTICIPATING TRIBES. 

(a) REQUEST TO PARTICIPATE.—To be eligible to participate in the 

demonstration program under this title, an Indian tribe shall subVerDate Sep 11 2014 00:05 Aug 13, 2015 Jkt 049010 PO 00000 Frm 00025 Fmt 6659 Sfmt 6603 E:\HR\OC\SR117.XXX SR117

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mit to the Secretary a notice of intention to participate during the 

60-day period beginning on the date of enactment of this title, in 

such form and such manner as the Secretary shall require. 

(b) COOPERATIVE AGREEMENT.—On approval under section 906 of 

the final plan of an Indian tribe for participation in the demonstration program under this title, the Secretary shall enter into a cooperative agreement with the participating Indian tribe that provides 

the Indian tribe with the authority to carry out activities under the 

demonstration program. 

(c) LIMITATION.—The Secretary shall not approve more than 20 

Indian tribes for participation in the demonstration program under 

this title. 

SEC. 904. REQUEST FOR QUOTES AND SELECTION OF INVESTOR PARTNER. 

(a) REQUEST FOR QUOTES.—Not later than 180 days after the 

date on which the Indian tribe submits notice under section 903(a), 

the Indian tribe shall— 

(1) obtain assistance from a qualified entity in assessing the 

housing needs, including the affordable housing needs, of the 

Indian tribe; and 

(2) release a request for quotations from entities interested in 

partnering with the Indian tribe in designing and carrying out 

housing activities sufficient to meet the housing needs of the Indian tribe as identified pursuant to paragraph (1). 

(b) SELECTION OF INVESTOR PARTNER.— 

(1) IN GENERAL.—Except as provided in paragraph (2), not 

later than 18 months after the date of enactment of this title, 

an Indian tribe requesting to participate in the demonstration 

program under this title shall— 

(A) select an investor partner from among the entities 

that have responded to the request of the Indian tribe for 

quotations under subsection (a)(2); and 

(B) together with that investor partner, establish and 

submit to the Secretary a final plan that meets the requirements described in section 905. 

(2) EXCEPTIONS.—The Secretary may extend the period under 

paragraph (1) for any Indian tribe that— 

(A) has not received any satisfactory quotation in response to the request released pursuant to subsection (a)(2); 

or 

(B) has any other satisfactory reason, as determined by 

the Secretary, for failure to select an investor partner. 

SEC. 905. FINAL PLAN. 

A final plan of an Indian tribe for participation in the demonstration program under this title shall— 

(1) be developed by the Indian tribe and the investor partner 

of the Indian tribe selected under section 904(b)(1)(A); 

(2) identify the qualified entity that assisted the Indian tribe 

in assessing the housing needs of the Indian tribe; 

(3) set forth a detailed description of the projected housing 

needs, including affordable housing needs, of the Indian tribe, 

which shall include— 

(A) a description of those projected housing needs over— 


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(i) the 2-year period following the date of submission 

of the final plan; and 

(ii) the period that is the earlier-ending period of— 

(I) the 5-year period following the expiration of 

the 2-year period described in clause (i); and 

(II) the period ending on the date on which those 

projected housing needs are met; and 

(B) the same information that would be required under 

section 102 to be included in an Indian housing plan for 

the Indian tribe, as modified by the Secretary to take consideration of the requirements of the demonstration program under this title; 

(4) provide for specific housing activities sufficient to meet the 

housing needs of the Indian tribe, including affordable housing 

needs, as identified pursuant to paragraph (3) within the time 

periods referred to in that paragraph, which shall include— 

(A) development of affordable housing; 

(B) development of conventional homes for rental, leaseto-own, or sale, which may be combined with affordable 

housing developed pursuant to subparagraph (A); 

(C) development of housing infrastructure, including 

housing infrastructure sufficient to serve affordable housing 

developed under the final plan; and 

(D) investments by the investor partner, the Indian tribe, 

members of the Indian tribe, and financial institutions and 

other outside investors necessary to provide financing for 

the development of housing under the final plan and for 

mortgages for members of Indian tribes purchasing that 

housing; 

(5) provide that the Indian tribe will agree to provide longterm leases to members of the Indian tribe sufficient for leaseto-own arrangements for, and sale of, the housing developed 

pursuant to paragraph (4); 

(6) provide that the Indian tribe— 

(A) will be liable for delinquencies under mortgage agreements for housing developed under the final plan that are 

financed under the final plan and entered into by members 

of the Indian tribe; and 

(B) shall, on foreclosure under a mortgage described in 

subparagraph (A), take possession of the housing and have 

the responsibility for making the housing available to other 

members of the Indian tribe; 

(7) provide for sufficient protections, as determined by the 

Secretary, to ensure that the Indian tribe and the Federal Government are not liable for the acts of the investor partner or of 

any contractors; 

(8) provide that the Indian tribe shall have sole final approval of the design and location of housing developed under 

the final plan; and 

(9) set forth— 

(A) specific deadlines and schedules for activities to be 

carried out under the final plan; 

(B) the responsibilities of the Indian tribe and the investor partner; 

(C) specific terms and conditions— 


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(i) for return on investment by the investor partner 

and other investors under the plan; and 

(ii) to provide that the Indian tribe shall pledge 

grant amounts allocated for the Indian tribe pursuant 

to title III for that return on investment; 

(D) the terms of a cooperative agreement on the operation 

and management of the current assistance housing stock 

and current housing stock for the Indian tribe assisted 

under titles I through VIII; 

(E)(i) any plans for the sale of the affordable housing of 

the Indian tribe under section 906; and 

(ii) if those plans are included, additional plans sufficient to meet the requirements of section 906 regarding meeting future affordable housing needs of the Indian tribe; 

(F) terms for enforcement of the final plan, including an 

agreement regarding jurisdiction of any actions under or to 

enforce the final plan, including a waiver of immunity; and 

(G) any other information determined appropriate by the 

Indian tribe and the investor partner. 

SEC. 906. HUD REVIEW AND APPROVAL OF PLAN. 

(a) IN GENERAL.— 

(1) REVIEW.—Not later than 90 days after the date of submission by an Indian tribe of a final plan under section 905 to the 

Secretary, the Secretary shall— 

(A) review the plan and the process by which the Indian 

tribe solicited requests for quotations from investors and selected the investor partner under section 904(b)(1); and 

(B) approve or disapprove the plan in accordance with 

paragraphs (2) and (3). 

(2) APPROVAL.— 

(A) IN GENERAL.—After the review described in paragraph (1), the Secretary shall approve the plan, unless the 

Secretary determines that— 

(i) the assessment of the housing needs of the Indian 

tribe by the qualified entity, or as set forth in the plan 

pursuant to section 905(3), is inaccurate or insufficient; 

(ii) the process established by the Indian tribe to solicit requests for quotations and select an investor partner was insufficient or negligent; or 

(iii) the plan is insufficient to meet the housing needs 

of the Indian tribe, as identified in the plan pursuant 

to section 905(3). 

(B) OPPORTUNITY FOR REVISION.—Except as provided in 

paragraph (3), the Secretary shall approve a plan determined insufficient under subparagraph (A), on the condition that the Indian tribe and the investor partner make 

such revisions to the plan as the Secretary may require to 

meet the needs of the Indian tribe for affordable housing. 

(3) DISAPPROVAL.—The Secretary may disapprove the plan 

only if— 

(A) the Secretary determines that the plan fails to meet 

the minimal housing standards and requirements of this 

Act; and 


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(B) the Secretary notifies the Indian tribe of the elements 

requiring the disapproval. 

(b) ACTION UPON DISAPPROVAL.— 

(1) RESUBMISSION OF PLAN.—Subject to paragraph (2), in the 

case of any disapproval of a final plan of an Indian tribe under 

subsection (a)(3), the Secretary shall allow the tribe, for a period of 180 days beginning on the date of the notification to the 

tribe of the disapproval, to resubmit a revised plan for approval. 

(2) LIMITATION.—If the final plan for an Indian tribe is resubmitted pursuant to paragraph (1) and the Secretary disapproves the plan a second time, the Indian tribe— 

(A) may not thereafter resubmit the plan; and 

(B) shall be ineligible to participate in the demonstration 

program under this title. 

(c) TRIBAL AUTHORITY OVER HOUSING DESIGN AND LOCATION.— 

The Secretary may not disapprove a final plan under section 905 or 

condition approval of that plan based on the design or location of 

any housing to be developed or assisted under the plan. 

(d) FAILURE TO NOTIFY.—If the Secretary does not notify an Indian tribe submitting a final plan of approval, conditional approval, or disapproval of the plan before the expiration of the period 

referred to in subsection (a)(1), the plan shall be deemed approved 

for purposes of this title. 

SEC. 907. TREATMENT OF ALLOCATION. 

(a) IN GENERAL.—Amounts otherwise allocated for a participating 

Indian tribe under title III— 

(1) shall not be made available to the participating Indian 

tribe under titles I through VIII; and 

(2) shall only be available for the participating Indian tribe, 

on request by the participating Indian tribe and approval by 

the Secretary, for the purposes described in subsections (b) 

through (e). 

(b) RETURN ON INVESTMENT.—The Secretary may use the 

amounts described in subsection (a) to ensure the payment of any 

amounts pledged by a participating Indian tribe pursuant to section 

905(9)(C) for return on the investment made by the investor partner 

or other investors. 

(c) ADMINISTRATIVE EXPENSES.—The Secretary may provide to a 

participating Indian tribe, on the request of the participating Indian 

tribe, not greater than 10 percent of any annual allocation made 

under title III for the participating Indian tribe during that fiscal 

year for the administrative costs of the participating Indian tribe in 

carrying out the requirements of sections 904 and 905. 

(d) HOUSING INFRASTRUCTURE COSTS.—A participating Indian 

tribe may use the amounts described in subsection (a) for housing 

infrastructure costs associated with providing affordable housing 

for the participating Indian tribe under the final plan. 

(e) MAINTENANCE; TENANT SERVICES.—A participating Indian 

tribe may use the amounts described in subsection (a) for maintenance of affordable housing for the participating Indian tribe and 

for the eligible affordable housing activities described in paragraphs 

(3), (4), and (5) of section 202. 


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SEC. 908. RESALE OF AFFORDABLE HOUSING. 

Notwithstanding any other provision of this Act, a participating 

Indian tribe may, in accordance with the provisions of the final 

plan of the participating Indian tribe approved pursuant to section 

906, resell any affordable housing developed with assistance made 

available under this Act for use other than as affordable housing, 

on the condition that the tribe provides such assurances as the Secretary determines are appropriate to ensure that the participating 

Indian tribe— 

(1) is meeting the need for affordable housing of the participating Indian tribe; 

(2) will provide affordable housing in the future sufficient to 

meet future affordable housing needs; and 

(3) will use any proceeds only— 

(A) to meet those future affordable housing needs; or 

(B) in accordance with section 907. 

SEC. 909. REPORTS, AUDITS, AND COMPLIANCE. 

(a) ANNUAL REPORTS BY TRIBE.—Each participating Indian tribe 

shall submit to the Secretary annually a report— 

(1) describing the progress of the participating Indian tribe in 

complying with, and meeting the deadlines and schedules set 

forth in, the approved final plan for the participating Indian 

tribe; and 

(2) containing such other information as the Secretary may 

require. 

(b) REPORTS TO CONGRESS.—The Secretary shall submit to Congress annually a report describing the activities and progress of the 

demonstration program under this title, including— 

(1) a summary of the information in the reports submitted 

under subsection (a); 

(2) the number of Indian tribes that have selected an investor 

partner pursuant to a request for quotations under section 904; 

(3) for each tribe applying for participation in the demonstration program the final plan of which was disapproved under 

section 906(a)(3), a detailed description and explanation of— 

(A) the reasons for the disapproval; and 

(B) all actions taken by the Indian tribe to eliminate the 

reasons for disapproval, and an identification of whether 

the tribe has re-submitted a final plan; 

(4) an identification, by participating Indian tribe, of any 

amounts requested and approved for use under section 907; and 

(5) an identification of any participating Indian tribes that 

have terminated participation in the demonstration program 

and the circumstances of the terminations. 

(c) AUDITS.—The Secretary shall provide for audits among participating Indian tribes to ensure implementation and compliance 

with the final plans for the participating Indian tribes, including 

on-site visits with participating Indian tribes and requests for documentation appropriate to ensure the compliance. 

SEC. 910. TERMINATION OF TRIBAL PARTICIPATION. 

(a) TERMINATION OF PARTICIPATION.—A participating Indian 

tribe may terminate participation in the demonstration program 

under this title at any time, subject to this section. 

(b) EFFECT ON EXISTING OBLIGATIONS.— 


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(1) NO AUTOMATIC TERMINATION.—Termination by a participating Indian tribe in the demonstration program under this 

section shall not terminate any obligations of the Indian tribe 

under agreements entered into under the demonstration program with the investor partner of the Indian tribe or any other 

investors or contractors. 

(2) AUTHORITY TO MUTUALLY TERMINATE AGREEMENTS.— 

Nothing in this title prevents an Indian tribe that terminates 

participation in the demonstration program and any party with 

which the Indian tribe has entered into an agreement from mutually agreeing to terminate that agreement. 

(c) RECEIPT OF REMAINING GRANT AMOUNTS.—The Secretary 

shall provide for grants to be made in accordance with, and subject 

to the requirements of, this Act for any amounts remaining after use 

pursuant to section 907 from the allocation under title III for an Indian tribe that terminates participation in the demonstration program. 

(d) COSTS AND OBLIGATIONS.—The Secretary shall not be liable 

for any obligations or costs incurred by an Indian tribe during its 

participation in the demonstration program under this title. 

SEC. 911. FINAL REPORT. 

Not later 5 years after the date of enactment of this title, the Secretary shall submit to Congress a final report describing the effectiveness of the demonstration program, which shall include— 

(1) an assessment of the success under the demonstration program of participating Indian tribes in meeting the housing 

needs of the participating Indian tribe, including affordable 

housing needs, on tribal land; 

(2) recommendations for any improvements to the demonstration program; and 

(3) a determination of whether the demonstration program 

should be expanded into a permanent program available for Indian tribes to opt into at any time and, if so, recommendations 

for that expansion, including any legislative actions necessary 

to expand the program. 

SEC. 912. NOTICE. 

The Secretary shall establish any requirements and criteria necessary to carry out the demonstration program under this title by 

notice published in the Federal Register. 

Public Law 104—330; 110 Stat. 4048 (Native American Housing 

Assistance and Self-Determination Act) 

SECTION 701. COMMUNITY-BASED ORGANIZATIONS AND TRIBALLY 

DESIGNATED HOUSING ENTITIES. 

COMMUNITY-BASED DEVELOPMENT ORGANIZATION.—A tribally 

designated housing entity shall qualify as a community-based development organization for purposes of the Indian Community Development Block Grant program authorized under section 106(a) of the 

Housing and Community Development Act of 1974 (42 U.S.C. 

5306(a)). 


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Public Law 110—411; 122 Stat. 4334 (Native American Housing 

Assistance and Self-Determination Act) 

SECTION 702. ELIMINATION OF LIMITATION ON USE FOR CHEROKEE 

NATION. 

øNo funds authorized under this Act, or the amendments made 

by this Act, or appropriated pursuant to an authorization under 

this Act or such amendments, shall be expended for the benefit of 

the Cherokee Nation; provided, that this limitation shall not be effective if the Temporary Order and Temporary Injunction issued on 

May 14, 2007, by the District Court of the Cherokee Nation remains in effect during the pendency of litigation or there is a settlement agreement which effects the end of litigation among the 

adverse parties.¿ 

25 U.S.C. § 4243 (Native American Housing Assistance and SelfDetermination Act) 

SECTION 703. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT. 

There are authorized to be appropriated to the Department of 

Housing and Urban Development for grants under this subchapter 

such sums as may be necessary for each of fiscal years ø2001, 2002, 

2003, 2004, and 2005¿ 2016, 2017, 2018, 2019, and 2020. 

12 U.S.C. 1715z–13b(j)(5) (Housing and Community Development 

Act of 1992) 

SECTION 704. REAUTHORIZATION OF LOAN GUARANTEES FOR NATIVE 

HAWAIIAN HOUSING. 

(5) LIMITATION ON COMMITMENTS TO GUARANTEE LOANS AND

MORTGAGES.— 

(A) REQUIREMENT OF APPROPRIATIONS.—The authority of 

the Secretary to enter into commitments to guarantee 

loans under this section shall be effective for any fiscal 

year to the extent, or in such amounts as are, or have 

been, provided in appropriations Acts, without regard to 

the fiscal year for which such amounts were appropriated. 

(B) LIMITATIONS ON COSTS OF GUARANTEES.—The authority of the Secretary to enter into commitments to guarantee loans under this section shall be effective for any fiscal year only to the extent that amounts in the Guarantee 

Fund are or have been made available in appropriations 

Acts to cover the costs (as that term is defined in section 

661a of title 2) of such loan guarantees for such fiscal year. 

There are authorized to be appropriated for those costs 

$386,000 for each of fiscal years 2016 through 2020. Any 

amounts appropriated pursuant to this subparagraph shall 

remain available until expended. 

(C) LIMITATION ON OUTSTANDING AGGREGATE PRINCIPAL

AMOUNT.—Subject to the limitations in subparagraphs (A) 

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

guarantee loans under this section øfor each of fiscal years 

2001, 2002, 2003, 2004, and 2005 with an aggregate outstanding principal amount not exceeding $100,000,000 for 

each such fiscal year¿ for each of fiscal years 2016 through 


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2020 with an aggregate outstanding principal amount not 

exceeding $41,504,000 for each fiscal year. 

SECTION 705. LEVERAGING. 

All funds provided under a grant made pursuant to this Act or 

the amendments made by this Act may be used for purposes of meeting matching or cost participation requirements under any other 

Federal or non-Federal program. 

42 U.S.C. 11903(a)(7) (Public and Assisted Housing Drug 

Elimination Act of 1990) 

SECTION 706. FUNDING FOR METHAMPHETAMINE CLEAN-UP 

PROJECTS. 

(7) where a public housing agency, an Indian tribe, or recipient of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ø25 U.S.C. 4101 et 

seq.¿ receives a grant, providing funding to nonprofit resident 

management corporations and resident councils to develop security and drug abuse prevention programs involving site residents or to implement methamphetamine clean-up projects; and 

* * * * * * * 

Æ 


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