PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4319 

Public Law 110–411 

110th Congress 

An Act 

To reauthorize the programs for housing assistance for Native Americans. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Native American Housing Assistance and Self-Determination Reauthorization 

Act of 2008’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Congressional findings. 

Sec. 3. Definitions. 

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 

Sec. 101. Block grants. 

Sec. 102. Indian housing plans. 

Sec. 103. Review of plans. 

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

Sec. 105. Regulations. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Sec. 201. National objectives and eligible families. 

Sec. 202. Eligible affordable housing activities. 

Sec. 203. Program requirements. 

Sec. 204. Low-income requirement and income targeting. 

Sec. 205. Availability of records. 

Sec. 206. Self-determined housing activities for tribal communities program. 

TITLE III—ALLOCATION OF GRANT AMOUNTS 

Sec. 301. Allocation formula. 

TITLE IV—COMPLIANCE, AUDITS, AND REPORTS 

Sec. 401. Remedies for noncompliance. 

Sec. 402. Monitoring of compliance. 

Sec. 403. Performance reports. 

TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER 

INCORPORATED PROGRAMS 

Sec. 501. Effect on Home Investment Partnerships Act. 

TITLE VI—GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND 

ECONOMIC DEVELOPMENT ACTIVITIES 

Sec. 601. Demonstration program for guaranteed loans to finance tribal community 

and economic development activities. 

TITLE VII—FUNDING 

Sec. 701. Authorization of appropriations. 

TITLE VIII—MISCELLANEOUS 

Sec. 801. Limitation on use for Cherokee Nation. 

25 USC 4101 

note. 

Native American 

Housing 

Assistance and 

SelfDetermination 

Reauthorization 

Act of 2008. 

Oct. 14, 2008 

[H.R. 2786] 


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122 STAT. 4320 PUBLIC LAW 110–411—OCT. 14, 2008 

Sec. 802. Limitation on use of funds. 

Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different sizes. 

SEC. 2. CONGRESSIONAL FINDINGS. 

Section 2 of the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 4101) is amended in paragraphs (6) and (7) by striking ‘‘should’’ each place it appears and 

inserting ‘‘shall’’. 

SEC. 3. DEFINITIONS. 

Section 4 of the Native American Housing Assistance and SelfDetermination Act of 1996 (25 U.S.C. 4103) is amended— 

(1) by striking paragraph (22); 

(2) by redesignating paragraphs (8) through (21) as paragraphs (9) through (22), respectively; and 

(3) by inserting after paragraph (7) the following: 

‘‘(8) HOUSING RELATED COMMUNITY DEVELOPMENT.— 

‘‘(A) IN GENERAL.—The term ‘housing related community development’ means any facility, community building, 

business, activity, or infrastructure that— 

‘‘(i) is owned by an Indian tribe or a tribally designated housing entity; 

‘‘(ii) is necessary to the provision of housing in 

an Indian area; and 

‘‘(iii)(I) would help an Indian tribe or tribally designated housing entity to reduce the cost of construction of Indian housing; 

‘‘(II) would make housing more affordable, accessible, or practicable in an Indian area; or 

‘‘(III) would otherwise advance the purposes of this 

Act. 

‘‘(B) EXCLUSION.—The term ‘housing and community 

development’ does not include any activity conducted by 

any Indian tribe under the Indian Gaming Regulatory Act 

(25 U.S.C. 2701 et seq.).’’. 

TITLE I—BLOCK GRANTS AND GRANT 

REQUIREMENTS 

SEC. 101. BLOCK GRANTS. 

Section 101 of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4111) is amended— 

(1) in subsection (a)— 

(A) in the first sentence— 

(i) by striking ‘‘For each’’ and inserting the following: 

‘‘(1) IN GENERAL.—For each’’; 

(ii) by striking ‘‘tribes to carry out affordable 

housing activities.’’ and inserting the following: 

‘‘tribes— 

‘‘(A) to carry out affordable housing activities under 

subtitle A of title II; and’’; and 

(iii) by adding at the end the following: 

‘‘(B) to carry out self-determined housing activities for 

tribal communities programs under subtitle B of that title.’’; 

and 


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PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4321 

(B) in the second sentence, by striking ‘‘Under’’ and 

inserting the following: 

‘‘(2) PROVISION OF AMOUNTS.—Under’’; 

(2) in subsection (g), by inserting ‘‘of this section and subtitle B of title II’’ after ‘‘subsection (h)’’; and 

(3) by adding at the end the following: 

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

of title 40, United States Code, on election by the applicable Indian 

tribe— 

‘‘(1) each Indian tribe or tribally designated housing entity 

shall be considered to be an Executive agency in carrying 

out any program, service, or other activity under this Act; 

and 

‘‘(2) each Indian tribe or tribally designated housing entity 

and each employee of the Indian tribe or tribally designated 

housing entity shall have access to sources of supply on the 

same basis as employees of an Executive agency. 

‘‘(k) TRIBAL PREFERENCE IN EMPLOYMENT AND CONTRACTING.— 

Notwithstanding any other provision of law, with respect to any 

grant (or portion of a grant) made on behalf of an Indian tribe 

under this Act that is intended to benefit 1 Indian tribe, the 

tribal employment and contract preference laws (including regulations and tribal ordinances ) adopted by the Indian tribe that 

receives the benefit shall apply with respect to the administration 

of the grant (or portion of a grant).’’. 

SEC. 102. INDIAN HOUSING PLANS. 

Section 102 of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4112) is amended— 

(1) in subsection (a)(1)— 

(A) by striking ‘‘(1)(A) for’’ and all that follows through 

the end of subparagraph (A) and inserting the following: 

‘‘(1)(A) for an Indian tribe to submit to the Secretary, 

by not later than 75 days before the beginning of each tribal 

program year, a 1-year housing plan for the Indian tribe; or’’; 

and 

(B) in subparagraph (B), by striking ‘‘subsection (d)’’ 

and inserting ‘‘subsection (c)’’; 

(2) by striking subsections (b) and (c) and inserting the 

following: 

‘‘(b) 1-YEAR PLAN REQUIREMENT.— 

‘‘(1) IN GENERAL.—A housing plan of an Indian tribe under 

this section shall— 

‘‘(A) be in such form as the Secretary may prescribe; 

and 

‘‘(B) contain the information described in paragraph 

(2). 

‘‘(2) REQUIRED INFORMATION.—A housing plan shall include 

the following information with respect to the tribal program 

year for which assistance under this Act is made available: 

‘‘(A) DESCRIPTION OF PLANNED ACTIVITIES.—A statement of planned activities, including— 

‘‘(i) the types of household to receive assistance; 

‘‘(ii) the types and levels of assistance to be provided; 

‘‘(iii) the number of units planned to be produced; 

Deadline. 


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122 STAT. 4322 PUBLIC LAW 110–411—OCT. 14, 2008 

‘‘(iv)(I) a description of any housing to be demolished or disposed of; 

‘‘(II) a timetable for the demolition or disposition; 

and 

‘‘(III) any other information required by the Secretary with respect to the demolition or disposition; 

‘‘(v) a description of the manner in which the 

recipient will protect and maintain the viability of 

housing owned and operated by the recipient that was 

developed under a contract between the Secretary and 

an Indian housing authority pursuant to the United 

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

and 

‘‘(vi) outcomes anticipated to be achieved by the 

recipient. 

‘‘(B) STATEMENT OF NEEDS.—A statement of the 

housing needs of the low-income Indian families residing 

in the jurisdiction of the Indian tribe, and the means by 

which those needs will be addressed during the applicable 

period, including— 

‘‘(i) a description of the estimated housing needs 

and the need for assistance for the low-income Indian 

families in the jurisdiction, including a description of 

the manner in which the geographical distribution of 

assistance is consistent with the geographical needs 

and needs for various categories of housing assistance; 

and 

‘‘(ii) a description of the estimated housing needs 

for all Indian families in the jurisdiction. 

‘‘(C) FINANCIAL RESOURCES.—An operating budget for 

the recipient, in such form as the Secretary may prescribe, 

that includes— 

‘‘(i) an identification and description of the financial resources reasonably available to the recipient to 

carry out the purposes of this Act, including an explanation of the manner in which amounts made available 

will leverage additional resources; and 

‘‘(ii) the uses to which those resources will be committed, including eligible and required affordable 

housing activities under title II and administrative 

expenses. 

‘‘(D) CERTIFICATION OF COMPLIANCE.—Evidence of 

compliance with the requirements of this Act, including, 

as appropriate— 

‘‘(i) a certification that, in carrying out this Act, 

the recipient will comply with the applicable provisions 

of title II of the Civil Rights Act of 1968 (25 U.S.C. 

1301 et seq.) and other applicable Federal laws and 

regulations; 

‘‘(ii) a certification that the recipient will maintain 

adequate insurance coverage for housing units that 

are owned and operated or assisted with grant amounts 

provided under this Act, in compliance with such 

requirements as the Secretary may establish; 

‘‘(iii) a certification that policies are in effect and 

are available for review by the Secretary and the public 

governing the eligibility, admission, and occupancy of 


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PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4323 

families for housing assisted with grant amounts provided under this Act; 

‘‘(iv) a certification that policies are in effect and 

are available for review by the Secretary and the public 

governing rents and homebuyer payments charged, 

including the methods by which the rents or homebuyer 

payments are determined, for housing assisted with 

grant amounts provided under this Act; 

‘‘(v) a certification that policies are in effect and 

are available for review by the Secretary and the public 

governing the management and maintenance of 

housing assisted with grant amounts provided under 

this Act; and 

‘‘(vi) a certification that the recipient will comply 

with section 104(b).’’; 

(3) by redesignating subsections (d) through (f) as subsections (c) through (e), respectively; and 

(4) in subsection (d) (as redesignated by paragraph (3)), 

by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (c)’’. 

SEC. 103. REVIEW OF PLANS. 

Section 103 of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4113) is amended— 

(1) in subsection (d)— 

(A) in the first sentence— 

(i) by striking ‘‘fiscal’’ each place it appears and 

inserting ‘‘tribal program’’; and 

(ii) by striking ‘‘(with respect to’’ and all that follows through ‘‘section 102(c))’’; and 

(B) by striking the second sentence; and 

(2) by striking subsection (e) and inserting the following: 

‘‘(e) SELF-DETERMINED ACTIVITIES PROGRAM.—Notwithstanding 

any other provision of this section, the Secretary— 

‘‘(1) shall review the information included in an Indian 

housing plan pursuant to subsections (b)(4) and (c)(7) only 

to determine whether the information is included for purposes 

of compliance with the requirement under section 232(b)(2); 

and 

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

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

or results included pursuant to subsections (b)(4) and (c)(7).’’. 

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

Section 104(a) of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4114(a)) is amended 

by adding at the end the following: 

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

Notwithstanding any other provision of this Act, 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 the Internal Revenue Code of 1986, and that 

is initially funded using a grant provided under this Act, shall 

not be considered to be program income if the developer’s 

fee is approved by the State housing credit agency.’’. 


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122 STAT. 4324 PUBLIC LAW 110–411—OCT. 14, 2008 

SEC. 105. REGULATIONS. 

Section 106(b)(2) of the Native American Housing Assistance 

and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is 

amended— 

(1) in subparagraph (B)(i), by striking ‘‘The Secretary’’ and 

inserting ‘‘Not later than 180 days after the date of enactment 

of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to 

reauthorize this Act, the Secretary’’; and 

(2) by adding at the end the following: 

‘‘(C) SUBSEQUENT NEGOTIATED RULEMAKING.—The Secretary shall— 

‘‘(i) initiate a negotiated rulemaking in accordance 

with this section by not later than 90 days after the 

date of enactment of the Native American Housing 

Assistance and Self-Determination Reauthorization Act 

of 2008 and any other Act to reauthorize this Act; 

and 

‘‘(ii) promulgate regulations pursuant to this section by not later than 2 years after the date of enactment of the Native American Housing Assistance and 

Self-Determination Reauthorization Act of 2008 and 

any other Act to reauthorize this Act. 

‘‘(D) REVIEW.—Not less frequently than once every 7 

years, the Secretary, in consultation with Indian tribes, 

shall review the regulations promulgated pursuant to this 

section in effect on the date on which the review is conducted.’’. 

TITLE II—AFFORDABLE HOUSING 

ACTIVITIES 

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

Section 201(b) of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4131(b)) is amended— 

(1) in paragraph (1), by inserting ‘‘and except with respect 

to loan guarantees under the demonstration program under 

title VI,’’ after ‘‘paragraphs (2) and (4),’’; 

(2) in paragraph (2)— 

(A) by striking the first sentence and inserting the 

following: 

‘‘(A) EXCEPTION TO REQUIREMENT.—Notwithstanding 

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

assistance through affordable housing activities for which 

a grant is provided under this Act to any family that 

is not a low-income family, to the extent that the Secretary 

approves the activities due to a need for housing for those 

families that cannot reasonably be met without that assistance.’’; and 

(B) in the second sentence, by striking ‘‘The Secretary’’ 

and inserting the following: 

‘‘(B) LIMITS.—The Secretary’’; 

(3) in paragraph (3)— 

(A) in the paragraph heading, by striking ‘‘NON-INDIAN’’ 

and inserting ‘‘ESSENTIAL’’; and 

Deadlines. 


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PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4325 

(B) by striking ‘‘non-Indian family’’ and inserting 

‘‘family’’; and 

(4) in paragraph (4)(A)(i), by inserting ‘‘or other unit of 

local government,’’ after ‘‘county,’’. 

SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. 

Section 202 of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4132) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘to 

develop or to support’’ and inserting ‘‘to develop, operate, maintain, or support’’; 

(2) in paragraph (2)— 

(A) by striking ‘‘development of utilities’’ and inserting 

‘‘development and rehabilitation of utilities, necessary 

infrastructure,’’; and 

(B) by inserting ‘‘mold remediation,’’ after ‘‘energy efficiency,’’; 

(3) in paragraph (4), by inserting ‘‘the costs of operation 

and maintenance of units developed with funds provided under 

this Act,’’ after ‘‘rental assistance,’’; and 

(4) by adding at the end the following: 

‘‘(9) RESERVE ACCOUNTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

deposit of amounts, including grant amounts under section 

101, in a reserve account established for an Indian tribe 

only for the purpose of accumulating amounts for administration and planning relating to affordable housing activities under this section, in accordance with the Indian 

housing plan of the Indian tribe. 

‘‘(B) MAXIMUM AMOUNT.—A reserve account established 

under subparagraph (A) shall consist of not more than 

an amount equal to 1⁄4 of the 5-year average of the annual 

amount used by a recipient for administration and planning 

under paragraph (2).’’. 

SEC. 203. PROGRAM REQUIREMENTS. 

Section 203 of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by 

adding at the end the following: 

‘‘(f) USE OF GRANT AMOUNTS OVER EXTENDED PERIODS.— ‘‘(1) IN GENERAL.—To the extent that the Indian housing 

plan for an Indian tribe provides for the use of amounts of 

a grant under section 101 for a period of more than 1 fiscal 

year, or for affordable housing activities for which the amounts 

will be committed for use or expended during a subsequent 

fiscal year, the Secretary shall not require those amounts to 

be used or committed for use at any time earlier than otherwise 

provided for in the Indian housing plan. 

‘‘(2) CARRYOVER.—Any amount of a grant provided to an 

Indian tribe under section 101 for a fiscal year that is not 

used by the Indian tribe during that fiscal year may be used 

by the Indian tribe during any subsequent fiscal year. 

‘‘(g) DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND

SERVICES.—Notwithstanding any other provision of law, a recipient 

shall not be required to act in accordance with any otherwise 

applicable competitive procurement rule or procedure with respect 

to the procurement, using a grant provided under this Act, of 

goods and services the value of which is less than $5,000.’’. 


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122 STAT. 4326 PUBLIC LAW 110–411—OCT. 14, 2008 

SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING. 

Section 205 of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4135) is amended by 

adding at the end the following: 

‘‘(c) APPLICABILITY.—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.’’. 

SEC. 205. AVAILABILITY OF RECORDS. 

Section 208(a) of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4138(a)) is amended 

by inserting ‘‘applicants for employment, and of’’ after ‘‘records 

of’’. 

SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL 

COMMUNITIES PROGRAM. 

(a) ESTABLISHMENT OF PROGRAM.—Title II of the Native American Housing Assistance and Self-Determination Act of 1996 (25 

U.S.C. 4131 et seq.) is amended— 

(1) by inserting after the title designation and heading 

the following: 

‘‘Subtitle A—General Block Grant 

Program’’; 

and 

(2) by adding at the end the following: 

‘‘Subtitle B—Self-Determined Housing 

Activities for Tribal Communities 

‘‘SEC. 231. PURPOSE. 

‘‘The purpose of this subtitle 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 101 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. 

‘‘SEC. 232. PROGRAM AUTHORITY. 

‘‘(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— 

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

101; 

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

102(b)(6); and 

‘‘(3) that, during the preceding 3-fiscal-year period, has 

no unresolved significant and material audit findings or exceptions, as demonstrated in— 

25 USC 4145a. 

25 USC 4145. 


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PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4327 

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

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

as the ‘Single Audit Act’); or 

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

‘‘(b) AUTHORITY.—Under the program under this subtitle, 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 subtitle. 

‘‘(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 101 to the recipient for the fiscal 

year, as determined by the recipient, but in no case exceeding 

the lesser of— 

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

amount for the recipient for that fiscal year; and ‘‘(2) $2,000,000. 

‘‘SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES. 

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

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

of the recipient and described in the Indian housing plan for the 

Indian tribe pursuant to section 102(b)(6), for the construction, 

acquisition, or rehabilitation of housing or infrastructure in accordance with section 202 to provide a benefit to families described 

in section 201(b)(1). 

‘‘(b) PROHIBITION ON CERTAIN ACTIVITIES.—Amounts made 

available for use under this subtitle may not be used for commercial 

or economic development. 

‘‘SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS. 

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

in this Act, title I, subtitle A of title II, and titles III through 

VIII shall not apply to— 

‘‘(1) the program under this subtitle; or 

‘‘(2) amounts made available in accordance with this subtitle. 

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

I through VIII shall apply to the program under this subtitle 

and amounts made available in accordance with this subtitle: 

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

‘‘(2) Subsections (d) and (e) of section 101 (relating to 

tax exemption). 

‘‘(3) Section 101(j) (relating to Federal supply sources). 

‘‘(4) Section 101(k) (relating to tribal preference in employment and contracting). 

‘‘(5) Section 102(b)(4) (relating to certification of compliance). 

‘‘(6) Section 104 (relating to treatment of program income 

and labor standards). 

‘‘(7) Section 105 (relating to environmental review). 

‘‘(8) Section 201(b) (relating to eligible families). 

‘‘(9) Section 203(c) (relating to insurance coverage). 

‘‘(10) Section 203(g) (relating to a de minimis exemption 

for procurement of goods and services). 

‘‘(11) Section 206 (relating to treatment of funds). 

25 USC 4145c. 

25 USC 4145b. 


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122 STAT. 4328 PUBLIC LAW 110–411—OCT. 14, 2008 

‘‘(12) Section 209 (relating to noncompliance with affordable 

housing requirement). 

‘‘(13) Section 401 (relating to remedies for noncompliance). 

‘‘(14) Section 408 (relating to public availability of information). 

‘‘(15) Section 702 (relating to 50-year leasehold interests 

in trust or restricted lands for housing purposes). 

‘‘SEC. 235. REVIEW AND REPORT. 

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

conduct a review of the results achieved by the program under 

this subtitle to determine— 

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

under the program; 

‘‘(2) the effects of the housing described in paragraph (1) 

on costs to low-income families of affordable housing; 

‘‘(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 

‘‘(4) the need for, and effectiveness of, extending the duration of the program and increasing the amount of grants under 

section 101 that may be used under the program. 

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

shall submit 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 subtitle), including— 

‘‘(1) recommendations regarding extension of the program 

for subsequent fiscal years and increasing the amounts under 

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

‘‘(2) recommendations for— 

‘‘(A)(i) specific Indian tribes or recipients that should 

be prohibited from participating in the program for failure 

to achieve results; and 

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

remain in effect; or 

‘‘(B) standards and procedures by which Indian tribes 

or recipients may be prohibited from participating in the 

program for failure to achieve results. 

‘‘(c) PROVISION OF INFORMATION TO SECRETARY.—Notwithstanding any other provision of this Act, recipients participating 

in the program under this subtitle shall provide such information 

to the Secretary as the Secretary may request, in sufficient detail 

and in a timely manner sufficient to ensure that the review and 

report required by this section is accomplished in a timely manner.’’. 

(b) TECHNICAL AMENDMENT.—The table of contents in section 

1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is amended— 

(1) by inserting after the item for title II the following: 

‘‘Subtitle A—General Block Grant Program’’; 

(2) by inserting after the item for section 205 the following: 

‘‘Sec. 206. Treatment of funds.’’; 

and 

(3) by inserting before the item for title III the following: 

25 USC 4145d. 


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PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4329 

‘‘Subtitle B—Self-Determined Housing Activities for Tribal Communities 

‘‘Sec. 231. Purposes. 

‘‘Sec. 232. Program authority. 

‘‘Sec. 233. Use of amounts for housing activities. 

‘‘Sec. 234. Inapplicability of other provisions. 

‘‘Sec. 235. Review and report.’’. 

TITLE III—ALLOCATION OF GRANT 

AMOUNTS 

SEC. 301. ALLOCATION FORMULA. 

Section 302 of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4152) is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) IN GENERAL.—The Secretary’’; and 

(B) by adding at the end the following: 

‘‘(2) STUDY OF NEED DATA.— ‘‘(A) IN GENERAL.—The Secretary shall enter into a 

contract with an organization with expertise in housing 

and other demographic data collection methodologies under 

which the organization, in consultation with Indian tribes 

and Indian organizations, shall— 

‘‘(i) assess existing data sources, including alternatives to the decennial census, for use in evaluating 

the factors for determination of need described in subsection (b); and 

‘‘(ii) develop and recommend methodologies for collecting data on any of those factors, including formula 

area, in any case in which existing data is determined 

to be insufficient or inadequate, or fails to satisfy the 

requirements of this Act. 

‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated such sums as are necessary 

to carry out this section, to remain available until 

expended.’’; and 

(2) in subsection (b), by striking paragraph (1) and inserting 

the following: 

‘‘(1)(A) The number of low-income housing dwelling units 

developed under the United States Housing Act of 1937 (42 

U.S.C. 1437 et seq.), pursuant to a contract between an Indian 

housing authority for the tribe and the Secretary, that are 

owned or operated by a recipient on the October 1 of the 

calendar year immediately preceding the year for which funds 

are provided, subject to the condition that such a unit shall 

not be considered to be a low-income housing dwelling unit 

for purposes of this section if— 

‘‘(i) the recipient ceases to possess the legal right to 

own, operate, or maintain the unit; or 

‘‘(ii) the unit is lost to the recipient by conveyance, 

demolition, or other means. 

‘‘(B) If the unit is a homeownership unit not conveyed 

within 25 years from the date of full availability, the recipient 

shall not be considered to have lost the legal right to own, 

operate, or maintain the unit if the unit has not been conveyed 

to the homebuyer for reasons beyond the control of the recipient. 

Contracts. 


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122 STAT. 4330 PUBLIC LAW 110–411—OCT. 14, 2008 

‘‘(C) If the unit is demolished and the recipient rebuilds 

the unit within 1 year of demolition of the unit, the unit 

may continue to be considered a low-income housing dwelling 

unit for the purpose of this paragraph. 

‘‘(D) In this paragraph, the term ‘reasons beyond the control 

of the recipient’ means, after making reasonable efforts, there 

remain— 

‘‘(i) delays in obtaining or the absence of title status 

reports; 

‘‘(ii) incorrect or inadequate legal descriptions or other 

legal documentation necessary for conveyance; 

‘‘(iii) clouds on title due to probate or intestacy or 

other court proceedings; or 

‘‘(iv) any other legal impediment. 

‘‘(E) Subparagraphs (A) through (D) shall not apply to 

any claim arising from a formula current assisted stock calculation or count involving an Indian housing block grant allocation 

for any fiscal year through fiscal year 2008, if a civil action 

relating to the claim is filed by not later than 45 days after 

the date of enactment of this subparagraph.’’. 

TITLE IV—COMPLIANCE, AUDITS, AND 

REPORTS 

SEC. 401. REMEDIES FOR NONCOMPLIANCE. 

Section 401(a) of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is amended— 

(1) by redesignating paragraphs (2) and (3) as paragraphs 

(3) and (4), respectively; and 

(2) by inserting after paragraph (1) the following: 

‘‘(2) SUBSTANTIAL NONCOMPLIANCE.—The failure of a 

recipient to comply with the requirements of section 302(b)(1) 

regarding the reporting of low-income dwelling units shall not, 

in itself, be considered to be substantial noncompliance for 

purposes of this title.’’. 

SEC. 402. MONITORING OF COMPLIANCE. 

Section 403(b) of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4163(b)) is amended 

in the second sentence by inserting ‘‘an appropriate level of’’ after 

‘‘shall include’’. 

SEC. 403. PERFORMANCE REPORTS. 

Section 404(b) of the Native American Housing Assistance and 

Self-Determination Act of 1996 (25 U.S.C. 4164(b)) is amended— 

(1) in paragraph (2)— 

(A) by striking ‘‘goals’’ and inserting ‘‘planned activities’’; and 

(B) by adding ‘‘and’’ after the semicolon at the end; 

(2) in paragraph (3), by striking ‘‘; and’’ at the end and 

inserting a period; and 

(3) by striking paragraph (4). 

Deadline. 


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PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4331 

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

SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT. 

(a) IN GENERAL.—Title V of the Native American Housing 

Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181 

et seq.) is amended by adding at the end the following: 

‘‘SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT. 

‘‘Nothing in this Act or an amendment made by this Act prohibits or prevents any participating jurisdiction (within the meaning 

of the HOME Investment Partnerships Act (42 U.S.C. 12721 et 

seq.)) from providing any amounts made available to the participating jurisdiction under that Act (42 U.S.C. 12721 et seq.) to 

an Indian tribe or a tribally designated housing entity for use 

in accordance with that Act (42 U.S.C. 12721 et seq.).’’. 

(b) CONFORMING AMENDMENT.—The table of contents in section 

1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is amended by inserting 

after the item relating to section 508 the following: 

‘‘Sec. 509. Effect on HOME Investment Partnerships Act.’’. 

TITLE VI—GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND 

ECONOMIC DEVELOPMENT ACTIVITIES 

SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 

FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES. 

(a) IN GENERAL.—Title VI of the Native American Housing 

Assistance and Self-Determination Act of 1996 (25 U.S.C. 4191 

et seq.) is amended by adding at the end the following: 

‘‘SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 

FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT ACTIVITIES. 

‘‘(a) AUTHORITY.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), to the extent 

and in such amounts as are provided in appropriation Acts, 

subject to the requirements of this section, and in accordance 

with such terms and conditions as the Secretary may prescribe, 

the Secretary may guarantee and make commitments to guarantee the notes and obligations issued by Indian tribes or 

tribally designated housing entities with tribal approval, for 

the purposes of financing activities carried out on Indian reservations and in other Indian areas that, under the first sentence of section 108(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308), are eligible for financing 

with notes and other obligations guaranteed pursuant to that 

section. 

25 USC 4196. 

25 USC 4184. 


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122 STAT. 4332 PUBLIC LAW 110–411—OCT. 14, 2008 

‘‘(2) LIMITATION.—The Secretary may guarantee, or make 

commitments to guarantee, under paragraph (1) the notes or 

obligations of not more than 4 Indian tribes or tribally designated housing entities located in each Department of Housing 

and Urban Development Office of Native American Programs 

region. 

‘‘(b) LOW-INCOME BENEFIT REQUIREMENT.—Not less than 70 

percent of the aggregate amount received by an Indian tribe or 

tribally designated housing entity as a result of a guarantee under 

this section shall be used for the support of activities that benefit 

low-income families on Indian reservations and other Indian areas. 

‘‘(c) FINANCIAL SOUNDNESS.— ‘‘(1) IN GENERAL.—The Secretary shall establish underwriting criteria for guarantees under this section, including 

fees for the guarantees, as the Secretary determines to be 

necessary to ensure that the program under this section is 

financially sound. 

‘‘(2) AMOUNTS OF FEES.—Fees for guarantees established 

under paragraph (1) shall be established in amounts that are 

sufficient, but do not exceed the minimum amounts necessary, 

to maintain a negative credit subsidy for the program under 

this section, as determined based on the risk to the Federal 

Government under the underwriting requirements established 

under paragraph (1). 

‘‘(d) TERMS OF OBLIGATIONS.— 

‘‘(1) IN GENERAL.—Each note or other obligation guaranteed 

pursuant to this section shall be in such form and denomination, have such maturity, and be subject to such conditions 

as the Secretary may prescribe, by regulation. 

‘‘(2) LIMITATION.—The Secretary may not deny a guarantee 

under this section on the basis of the proposed repayment 

period for the note or other obligation, unless— 

‘‘(A) the period is more than 20 years; or 

‘‘(B) the Secretary determines that the period would 

cause the guarantee to constitute an unacceptable financial 

risk. 

‘‘(e) LIMITATION ON PERCENTAGE.—A guarantee made under 

this section shall guarantee repayment of 95 percent of the unpaid 

principal and interest due on the note or other obligation guaranteed. 

‘‘(f) SECURITY AND REPAYMENT.— 

‘‘(1) REQUIREMENTS ON ISSUER.—To ensure the repayment 

of notes and other obligations and charges incurred under this 

section and as a condition for receiving the guarantees, the 

Secretary shall require the Indian tribe or housing entity 

issuing the notes or obligations— 

‘‘(A) to enter into a contract, in a form acceptable 

to the Secretary, for repayment of notes or other obligations 

guaranteed under this section; 

‘‘(B) to demonstrate that the extent of each issuance 

and guarantee under this section is within the financial 

capacity of the Indian tribe; and 

‘‘(C) to furnish, at the discretion of the Secretary, such 

security as the Secretary determines to be appropriate 

in making the guarantees, including increments in local 

tax receipts generated by the activities assisted by a guarantee under this section or disposition proceeds from the 

Contracts. 

Criteria. 


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PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4333 

sale of land or rehabilitated property, except that the security may not include any grant amounts received or for 

which the issuer may be eligible under title I. 

‘‘(2) FULL FAITH AND CREDIT.— 

‘‘(A) IN GENERAL.—The full faith and credit of the 

United States is pledged to the payment of all guarantees 

made under this section. 

‘‘(B) TREATMENT OF GUARANTEES.— 

‘‘(i) IN GENERAL.—Any guarantee made by the Secretary under this section shall be conclusive evidence 

of the eligibility of the obligations for the guarantee 

with respect to principal and interest. 

‘‘(ii) INCONTESTABLE NATURE.—The validity of any 

such a guarantee shall be incontestable in the hands 

of a holder of the guaranteed obligations. 

‘‘(g) TRAINING AND INFORMATION.—The Secretary, in cooperation with Indian tribes and tribally designated housing entities, 

may carry out training and information activities with respect to 

the guarantee program under this section. 

‘‘(h) LIMITATIONS ON AMOUNT OF GUARANTEES.— 

‘‘(1) AGGREGATE FISCAL YEAR LIMITATION.—Notwithstanding any other provision of law, subject only to the absence 

of qualified applicants or proposed activities and to the 

authority provided in this section, and to the extent approved 

or provided for in appropriations Acts, the Secretary may enter 

into commitments to guarantee notes and obligations under 

this section with an aggregate principal amount not to exceed 

$200,000,000 for each of fiscal years 2009 through 2013. 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR CREDIT SUBSIDY.—There are authorized to be appropriated to cover the 

costs (as defined in section 502 of the Congressional Budget 

Act of 1974 (2 U.S.C. 661a)) of guarantees under this section 

$1,000,000 for each of fiscal years 2009 through 2013. 

‘‘(3) AGGREGATE OUTSTANDING LIMITATION.—The total 

amount of outstanding obligations guaranteed on a cumulative 

basis by the Secretary pursuant to this section shall not at 

any time exceed $1,000,000,000 or such higher amount as may 

be authorized to be appropriated for this section for any fiscal 

year. 

‘‘(4) FISCAL YEAR LIMITATIONS ON INDIAN TRIBES.— 

‘‘(A) IN GENERAL.—The Secretary shall monitor the 

use of guarantees under this section by Indian tribes. 

‘‘(B) MODIFICATIONS.—If the Secretary determines that 

50 percent of the aggregate guarantee authority under 

paragraph (3) has been committed, the Secretary may— 

‘‘(i) impose limitations on the amount of guarantees 

pursuant to this section that any single Indian tribe 

may receive in any fiscal year of $25,000,000; or 

‘‘(ii) request the enactment of legislation increasing 

the aggregate outstanding limitation on guarantees 

under this section. 

‘‘(i) REPORT.—Not later than 4 years after the date of enactment 

of this section, the Secretary shall submit to Congress a report 

describing the use of the authority under this section by Indian 

tribes and tribally designated housing entities, including— 


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122 STAT. 4334 PUBLIC LAW 110–411—OCT. 14, 2008 

‘‘(1) an identification of the extent of the use and the 

types of projects and activities financed using that authority; 

and 

‘‘(2) an analysis of the effectiveness of the use in carrying 

out the purposes of this section. 

‘‘(j) TERMINATION.—The authority of the Secretary under this 

section to make new guarantees for notes and obligations shall 

terminate on October 1, 2013.’’. 

(b) CONFORMING AMENDMENT.—The table of contents in section 

1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is amended by inserting 

after the item relating to section 605 the following: 

‘‘Sec. 606. Demonstration program for guaranteed loans to finance tribal community and economic development activities.’’. 

TITLE VII—FUNDING 

SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 

(a) BLOCK GRANTS AND GRANT REQUIREMENTS.—Section 108 

of the Native American Housing Assistance and Self-Determination 

Act of 1996 (25 U.S.C. 4117) is amended in the first sentence 

by striking ‘‘1998 through 2007’’ and inserting ‘‘2009 through 2013’’. 

(b) FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

ACTIVITIES.—Section 605 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4195) is 

amended in subsections (a) and (b) by striking ‘‘1997 through 2007’’ 

each place it appears and inserting ‘‘2009 through 2013’’. 

(c) TRAINING AND TECHNICAL ASSISTANCE.—Section 703 of the 

Native American Housing Assistance and Self-Determination Act 

of 1996 (25 U.S.C. 4212) is amended by striking ‘‘1997 through 

2007’’ and inserting ‘‘2009 through 2013’’. 

TITLE VIII—MISCELLANEOUS 

SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION. 

No 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. 

SEC. 802. LIMITATION ON USE OF FUNDS. 

No amounts made available pursuant to any authorization 

of appropriations under this Act, or under the amendments made 

by this Act, may be used to employ workers described in section 

274A(h)(3)) of the Immigration and Nationality Act (8 U.S.C. 

1324a(h)(3)). 


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PUBLIC LAW 110–411—OCT. 14, 2008 122 STAT. 4335 

LEGISLATIVE HISTORY—H.R. 2786 (S. 2062): 

HOUSE REPORTS: No. 110–295 (Comm. on Financial Services). 

SENATE REPORTS: No. 110–238 accompanying S. 2062 (Comm. on Indian Affairs). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): Sept. 6, considered and passed House. 

Vol. 154 (2008): Sept. 25, considered and passed Senate, amended. 

Sept. 27, House concurred in Senate amendment. 

Æ 

SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES 

OF DIFFERENT SIZES. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a study of the effectiveness of the Native American 

Housing Assistance and Self-Determination Act of 1996 in achieving 

its purposes of meeting the needs for affordable housing for lowincome Indian families, as compared to the programs for housing 

and community development assistance for Indian tribes and families and Indian housing authorities that were terminated under 

title V of such Act and the amendments made by such title. The 

study shall compare such effectiveness with respect to Indian tribes 

of various sizes and types, and specifically with respect to smaller 

tribes for which grants of lesser or minimum amounts have been 

made under title I of such Act. 

(b) REPORT.—Not later than the expiration of the 12-month 

period beginning on the date of the enactment of this Act, the 

Comptroller General shall submit a report to the Committee on 

Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate 

regarding the results and conclusions of the study conducted pursuant to subsection (a). Such report shall include recommendations 

regarding any changes appropriate to the Native American Housing 

Assistance and Self-Determination Act of 1996 to help ensure that 

the purposes of such Act are achieved by all Indian tribes, regardless 

of size or type. 

Approved October 14, 2008. 


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