II 

113TH CONGRESS 

2D SESSION S. 1352 

To reauthorize the Native American Housing Assistance and SelfDetermination Act of 1996, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2013 

Ms. CANTWELL (for herself, Mr. BARRASSO, Mr. JOHNSON of South Dakota, 

Mr. TESTER, Mr. UDALL of New Mexico, Mr. FRANKEN, Mr. BEGICH, 

Ms. HEITKAMP, Ms. HIRONO, Mr. SCHATZ, Mr. HEINRICH, and Ms. 

MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

JANUARY 13, 2014 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JANUARY 13, 2014 

Referred to the Committee on Banking, Housing, and Urban Affairs for a 

period not to exceed 60 calendar days pursuant to the order of May 27, 1988 

A BILL 

To reauthorize the Native American Housing Assistance and 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

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

4 ‘‘Native American Housing Assistance and Self-Deter5 mination Reauthorization Act of 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 

Sec. 101. Treatment of program income and labor standards. 

Sec. 102. Environmental review. 

Sec. 103. Authorization of appropriations. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Sec. 201. Low-income requirement and income targeting. 

Sec. 202. Lease requirements and tenant selection. 

Sec. 203. Self-determined housing activities for tribal communities. 

Sec. 204. Total development cost maximum project cost. 

TITLE III—COMPLIANCE, AUDITS, AND REPORTS 

Sec. 301. Reports to Congress. 

TITLE IV—OTHER HOUSING ASSISTANCE FOR NATIVE 

AMERICANS 

Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans. 

Sec. 402. 50-year leasehold interest in trust or restricted lands for housing purposes. 

Sec. 403. Training and technical assistance. 

Sec. 404. Preferences for projects in Indian areas. 

TITLE V—MISCELLANEOUS 

Sec. 501. Community-based organizations and tribally designated housing entities. 

Sec. 502. Elimination of limitation on use for Cherokee Nation. 

Sec. 503. Reauthorization of Native Hawaiian Homeownership Act. 

Sec. 504. Matching or cost-participation requirement. 

8 (c) REFERENCES.—Except as otherwise expressly 

9 provided, wherever in this Act an amendment or repeal 

10 is expressed in terms of an amendment to, or repeal of, 


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1 a section or other provision, the reference shall be consid2 ered to be made to a section or other provision of the Na3 tive American Housing Assistance and Self-Determination 

4 Act of 1996 (25 U.S.C. 4101 et seq.). 

5 TITLE I—BLOCK GRANTS AND 

6 GRANT REQUIREMENTS 

7 SEC. 101. TREATMENT OF PROGRAM INCOME AND LABOR 

8 STANDARDS. 

9 Section 104 (25 U.S.C. 4114) is amended— 

10 (1) in subsection (a), by striking paragraph (1) 

11 and inserting the following: 

12 ‘‘(1) AUTHORITY TO RETAIN.— 

13 ‘‘(A) IN GENERAL.—Notwithstanding any 

14 other provision of this Act, a recipient may re15 tain any program income that is realized from 

16 any grant amounts under this Act if— 

17 ‘‘(i) the income was realized after the 

18 initial disbursement of the grant amounts 

19 received by the recipient; and 

20 ‘‘(ii) the recipient has agreed that the 

21 recipient will utilize the income for housing 

22 related activities in accordance with this 

23 Act. 


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1 ‘‘(B) REQUIREMENTS.—Any income that is 

2 realized by a recipient from program income 

3 shall— 

4 ‘‘(i) be considered nonprogram in5 come; and 

6 ‘‘(ii) have no restrictions on use.’’; 

7 and 

8 (2) in subsection (b), by striking paragraph (3) 

9 and inserting the following: 

10 ‘‘(3) APPLICATION OF TRIBAL LAWS.— 

11 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

12 not apply to any contract or agreement for as13 sistance, sale, or lease pursuant to this Act, if 

14 that contract or agreement is otherwise covered 

15 by 1 or more laws or regulations adopted by an 

16 Indian tribe that requires the payment of not 

17 less than prevailing wages, as determined by 

18 the Indian tribe. 

19 ‘‘(B) WAGES.—The prevailing wages de20 scribed in subparagraph (A) shall apply to the 

21 administration of all Federal funding for 

22 projects funded in part by funds authorized 

23 under this Act.’’. 


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1 SEC. 102. ENVIRONMENTAL REVIEW. 

2 Section 105 (25 U.S.C. 4115) is amended by striking 

3 subsection (d) and inserting the following: 

4 ‘‘(d) ENVIRONMENTAL COMPLIANCE.—Notwith5 standing any other provision of law or use of any other 

6 source of funding for the project, compliance with the en7 vironmental review requirements of this section shall sat8 isfy any other applicable environmental review require9 ment under any other Federal law (including regulations) 

10 required to be carried out by any agency involved in the 

11 project.’’. 

12 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 108 (25 U.S.C. 4117) is amended by striking 

14 ‘‘2009 through 2013’’ and inserting ‘‘2013 through 

15 2018’’. 

16 TITLE II—AFFORDABLE 

17 HOUSING ACTIVITIES 

18 SEC. 201. LOW-INCOME REQUIREMENT AND INCOME TAR19 GETING. 

20 Section 205 (25 U.S.C. 4135) is amended by striking 

21 subsection (c) and inserting the following: 

22 ‘‘(c) APPLICABILITY.— 

23 ‘‘(1) IN GENERAL.—The provisions of sub24 section (a)(2) regarding binding commitments for 

25 the remaining useful life of property shall not apply 

26 to— 


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1 ‘‘(A) a family or household member who 

2 subsequently takes ownership of a homeowner3 ship unit; or 

4 ‘‘(B) any improvement to a privately 

5 owned homeownership unit if the aggregate 

6 value of the improvement for the 5-year period 

7 following completion of the improvement is less 

8 than $10,000. 

9 ‘‘(d) PURCHASE.—In the case of rental housing that 

10 is made available to a current rental tenant for conversion 

11 to a homebuyer or lease-purchase unit, the current rental 

12 tenant may purchase through a contract to purchase, 

13 lease-purchase agreement, or any other sales agreement 

14 if the unit is made available for occupancy by a family 

15 that is a low-income family at the time of initial occu16 pancy.’’. 

17 SEC. 202. LEASE REQUIREMENTS AND TENANT SELECTION. 

18 Section 207 (25 U.S.C. 4137) is amended by adding 

19 at the end the following: 

20 ‘‘(c) NOTICE OF TERMINATION.—The notice period 

21 described in subsection (a)(3) shall apply to projects and 

22 programs funded in part by amounts authorized under 

23 this Act.’’. 


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1 SEC. 203. SELF-DETERMINED HOUSING ACTIVITIES FOR 

2 TRIBAL COMMUNITIES. 

3 Subtitle B of title II (25 U.S.C. 4145 et seq.) is re4 pealed. 

5 SEC. 204. TOTAL DEVELOPMENT COST MAXIMUM PROJECT 

6 COST. 

7 Affordable housing (as defined in section 4 of the Na8 tive American Housing Assistance and Self-Determination 

9 Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, 

10 or assisted under the block grant program established 

11 under section 101 of the Native American Housing Assist12 ance and Self-Determination Act of 1996 (25 U.S.C. 

13 4111) shall not exceed by more than 20 percent, without 

14 prior approval of the Secretary of Housing and Urban De15 velopment, the total development cost maximum cost for 

16 all housing assisted under an affordable housing activity, 

17 including development and model activities. 

18 TITLE III—COMPLIANCE, 

19 AUDITS, AND REPORTS 

20 SEC. 301. REPORTS TO CONGRESS. 

21 Section 407 (25 U.S.C. 4167) is amended— 

22 (1) in subsection (a), by striking ‘‘Congress’’ 

23 and inserting ‘‘Committee on Indian Affairs and the 

24 Committee on Banking, Housing and Urban Affairs 

25 of the Senate and the Committee on Financial Serv26 ices of the House of Representatives’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(c) PUBLIC AVAILABILITY.—The report described in 

3 subsection (a) shall be made publicly available, including 

4 to recipients.’’. 

5 TITLE IV—OTHER HOUSING AS6 SISTANCE FOR NATIVE AMER7 ICANS 

8 SEC. 401. DEMONSTRATION OF RENTAL ASSISTANCE FOR 

9 HOMELESS OR AT-RISK INDIAN VETERANS. 

10 Section 8(o)(19) of the United States Housing Act 

11 of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding 

12 at the end the following: 

13 ‘‘(D) INDIAN VETERANS HOUSING RENTAL

14 ASSISTANCE DEMONSTRATION PROGRAM.— 

15 ‘‘(i) DEFINITIONS.—In this subpara16 graph: 

17 ‘‘(I) INDIAN.—The term ‘Indian’ 

18 has the meaning given the term in 

19 section 4 of the Indian Self-Deter20 mination and Education Assistance 

21 Act (25 U.S.C. 450b). 

22 ‘‘(II) INDIAN LANDS.—The term 

23 ‘Indian lands’ has the meaning given 

24 the term in section 3 of the Native 

25 American Business Development, 


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1 Trade Promotion, and Tourism Act of 

2 2000 (25 U.S.C. 4302). 

3 ‘‘(III) TRIBAL ORGANIZATION.— 

4 The term ‘tribal organization’ has the 

5 meaning given the term in section 4 

6 of the Indian Self-Determination and 

7 Education Assistance Act (25 U.S.C. 

8 450b). 

9 ‘‘(ii) AUTHORIZATION OF PROGRAM.— 

10 The Secretary may use not more than 5 

11 percent of the amounts made available for 

12 rental assistance under this subsection to 

13 carry out a rental assistance and sup14 portive housing program, in conjunction 

15 with the Secretary of Veterans Affairs, for 

16 the benefit of Indian veterans who are 

17 homeless or at-risk of homelessness and 

18 who are residing on or near Indian lands. 

19 ‘‘(iii) MODEL.—The program de20 scribed in clause (ii) shall be modeled on 

21 the rental assistance and supportive hous22 ing program authorized under this section 

23 and applicable appropriations Acts, includ24 ing administration in conjunction with the 

25 Secretary of Veterans Affairs, except that 


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1 the Secretary may make necessary and ap2 propriate modifications to facilitate the use 

3 of the program by Indian grant recipients 

4 to serve eligible Indian veterans. 

5 ‘‘(iv) ELIGIBLE RECIPIENTS.—Rental 

6 assistance under clause (ii) shall be made 

7 available to recipients eligible to receive 

8 grants under section 101 of the Native 

9 American Housing Assistance and Self-De10 termination Act of 1996 (25 U.S.C. 4111). 

11 ‘‘(v) FUNDING CRITERIA.—Rental as12 sistance under clause (ii) shall be awarded 

13 based on— 

14 ‘‘(I) need; 

15 ‘‘(II) administrative capacity; and 

16 ‘‘(III) any other funding criteria 

17 established by the Secretary in a no18 tice published in the Federal Register 

19 after consulting with the Secretary of 

20 Veterans Affairs. 

21 ‘‘(vi) ADMINISTRATION.—Rental as22 sistance made available under clause (ii) 

23 shall be administered in accordance with 

24 the Native American Housing Assistance 

25 and Self-Determination Act of 1996 (25 


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1 U.S.C. 4101 et seq.), except that grantees 

2 shall— 

3 ‘‘(I) submit to the Secretary, in a 

4 manner prescribed by the Secretary, 

5 reports on the use of rental assistance 

6 provided under the demonstration pro7 gram; and 

8 ‘‘(II) provide to the Secretary in9 formation specified by the Secretary 

10 to assess the effectiveness of the dem11 onstration program in serving eligible 

12 veterans. 

13 ‘‘(vii) CONSULTATION.—The Sec14 retary, in coordination with the Secretary 

15 of Veterans Affairs, shall consult with re16 cipients of grants under section 101 of the 

17 Native American Housing Assistance and 

18 Self-Determination Act of 1996 (25 U.S.C. 

19 4111) and any other appropriate tribal or20 ganization on the design of the demonstra21 tion program to ensure the effective deliv22 ery of rental assistance and supportive 

23 services to persons eligible to receive as24 sistance under this subparagraph. 

25 ‘‘(viii) WAIVER.— 


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1 ‘‘(I) IN GENERAL.—Except as 

2 provided in subclause (II), the Sec3 retary may waive or specify alter4 native requirements for any provision 

5 of law (including regulations) that the 

6 Secretary administers in connection 

7 with the use of rental assistance made 

8 available under this subparagraph if 

9 the Secretary finds that the waiver or 

10 alternative requirement is necessary 

11 for the effective delivery and adminis12 tration of rental assistance made 

13 available under this subparagraph to 

14 Indian veterans. 

15 ‘‘(II) EXCEPTION.—The Sec16 retary shall not waive or specify alter17 native requirements under subclause 

18 (I) for any provision of law (including 

19 regulations) relating to labor stand20 ards or the environment.’’. 

21 SEC. 402. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RE22 STRICTED LANDS FOR HOUSING PURPOSES. 

23 Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended 

24 by inserting ‘‘(in effect before, on, or after the date of 

25 enactment of this section)’’ after ‘‘law’’. 


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1 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE. 

2 Section 703 (25 U.S.C. 4212) is amended by striking 

3 ‘‘of fiscal years 2009 through 2013’’ and inserting ‘‘fiscal 

4 year for which funds are appropriated under section 

5 108.’’. 

6 SEC. 404. PREFERENCES FOR PROJECTS IN INDIAN AREAS. 

7 (a) IN GENERAL.—Section 42(m)(1) of the Internal 

8 Revenue Code of 1986 is amended— 

9 (1) in subparagraph (B)(ii)— 

10 (A) in subclause (II), by striking ‘‘and’’; 

11 and 

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

13 ‘‘(IV) projects which are located 

14 in an Indian area (as defined in sec15 tion 4(11) of the Native American 

16 Housing Assistance and Self-Deter17 mination Act of 1996 (25 U.S.C. 

18 4103(11))) and for which the entity 

19 applying to receive credit is— 

20 ‘‘(aa) an Indian tribe or a 

21 tribally designated housing entity 

22 (as defined in section 4 of the 

23 Native American Housing Assist24 ance and Self-Determination Act 

25 of 1996 (25 U.S.C. 4103), 


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1 ‘‘(bb) wholly owned or con2 trolled by an Indian tribe or trib3 ally designated housing entity (as 

4 defined in section 4 of the Native 

5 American Housing Assistance 

6 and Self-Determination Act of 

7 1996 (25 U.S.C. 4103)), or 

8 ‘‘(cc) a subrecipient of fund9 ing under the Native American 

10 Housing Assistance and Self-De11 termination Act of 1996 (25 

12 U.S.C. 4101 et seq.) with regard 

13 to the project for which credits 

14 would be awarded, and’’; 

15 (2) in subparagraph (C)— 

16 (A) in clause (vi), by inserting ‘‘and In17 dian’’ after ‘‘public’’; 

18 (B) by redesignating clauses (ix) and (x) 

19 as clauses (x) and (xi), respectively; and 

20 (C) by inserting after clause (viii) the fol21 lowing: 

22 ‘‘(ix) projects described in subpara23 graph (B)(ii)(IV),’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(E) PREFERENCE FOR PROJECTS IN IN2 DIAN AREAS.—In addition to the preference 

3 provided to projects described in subparagraph 

4 (B)(ii)(IV), for purposes of evaluating such 

5 projects pursuant to a competitive application 

6 process for allocation of housing credit dollar 

7 amounts, a housing credit agency— 

8 ‘‘(i) for purposes of any numerical 

9 evaluation process employed by the agency, 

10 shall increase the cumulative points or 

11 score for such project by not less than 10 

12 percent of the total points or credits avail13 able to any project, and 

14 ‘‘(ii) shall not consider the lack of 

15 proximity of such project to population 

16 centers, public transportation systems, or 

17 publicly available amenities.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to housing credit dollar amounts 

20 allocated by a housing credit agency after December 31, 

21 2013. 


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1 TITLE V—MISCELLANEOUS 

2 SEC. 501. COMMUNITY-BASED ORGANIZATIONS AND TRIB3 ALLY DESIGNATED HOUSING ENTITIES. 

4 Title VII (Public Law 104–330; 110 Stat. 4048) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 706. COMMUNITY-BASED DEVELOPMENT ORGANIZA7 TION. 

8 ‘‘A tribally designated housing entity shall qualify as 

9 a community-based development organization for purposes 

10 of the Indian Community Development Block Grant pro11 gram authorized under section 106(a) of the Housing and 

12 Community Development Act of 1974 (42 U.S.C. 

13 5306(a)).’’. 

14 SEC. 502. ELIMINATION OF LIMITATION ON USE FOR CHER15 OKEE NATION. 

16 Section 801 of the Native American Housing Assist17 ance and Self-Determination Reauthorization Act of 2008 

18 (Public Law 110–411; 122 Stat. 4334) is repealed. 

19 SEC. 503. REAUTHORIZATION OF NATIVE HAWAIIAN HOME20 OWNERSHIP ACT. 

21 Section 824 (25 U.S.C. 4243) is amended by striking 

22 ‘‘2001, 2002, 2003, 2004, and 2005,’’ and inserting 

23 ‘‘2014, 2015, 2016, 2017, and 2018’’. 


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1 SEC. 504. MATCHING OR COST-PARTICIPATION REQUIRE2 MENT. 

3 All funds provided under a grant made pursuant to 

4 this Act or the amendments made by this Act may be used 

5 for purposes of meeting matching or cost participation re6 quirements under any other Federal or non-Federal pro7 gram. 

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF9 ERENCES. 

10 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na11 tive American Housing Assistance and Self-Determination 

12 Reauthorization Act of 2013’’. 

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

14 this Act is as follows: 

Sec. 1. Short title; table of contents; references. 

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 

Sec. 101. Treatment of program income and labor standards. 

Sec. 102. Environmental review. 

Sec. 103. Authorization of appropriations. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Sec. 201. Low-income requirement and income targeting. 

Sec. 202. Lease requirements and tenant selection. 

Sec. 203. Self-determined housing activities for tribal communities. 

Sec. 204. Total development cost maximum project cost. 

TITLE III—COMPLIANCE, AUDITS, AND REPORTS 

Sec. 301. Reports to Congress. 

TITLE IV—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 

Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans. 

Sec. 402. 50-year leasehold interest in trust or restricted lands for housing purposes. 

Sec. 403. Training and technical assistance. 


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TITLE V—MISCELLANEOUS 

Sec. 501. Community-based organizations and tribally designated housing entities. 

Sec. 502. Elimination of limitation on use for Cherokee Nation. 

Sec. 503. Reauthorization of Native Hawaiian Homeownership Act. 

Sec. 504. Matching or cost-participation requirement. 

1 (c) REFERENCES.—Except as otherwise expressly pro2 vided, wherever in this Act an amendment or repeal is ex3 pressed in terms of an amendment to, or repeal of, a section 

4 or other provision, the reference shall be considered to be 

5 made to a section or other provision of the Native American 

6 Housing Assistance and Self-Determination Act of 1996 (25 

7 U.S.C. 4101 et seq.). 

8 TITLE I—BLOCK GRANTS AND 

9 GRANT REQUIREMENTS 

10 SEC. 101. TREATMENT OF PROGRAM INCOME AND LABOR 

11 STANDARDS. 

12 Section 104 (25 U.S.C. 4114) is amended— 

13 (1) in subsection (a), by striking paragraph (1) 

14 and inserting the following: 

15 ‘‘(1) AUTHORITY TO RETAIN.— 

16 ‘‘(A) IN GENERAL.—Notwithstanding any 

17 other provision of this Act, a recipient may re18 tain any program income that is realized from 

19 any grant amounts under this Act if— 

20 ‘‘(i) the income was realized after the 

21 initial disbursement of the grant amounts 

22 received by the recipient; and 


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1 ‘‘(ii) the recipient has agreed that the 

2 recipient will utilize the income for housing 

3 related activities in accordance with this 

4 Act. 

5 ‘‘(B) REQUIREMENTS.—Any income that is 

6 realized by a recipient from program income 

7 shall— 

8 ‘‘(i) be considered nonprogram income; 

9 and 

10 ‘‘(ii) have no restrictions on use.’’; and 

11 (2) in subsection (b), by striking paragraph (3) 

12 and inserting the following: 

13 ‘‘(3) APPLICATION OF TRIBAL LAWS.— 

14 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

15 not apply to any contract or agreement for as16 sistance, sale, or lease pursuant to this Act, if 

17 that contract or agreement is otherwise covered 

18 by 1 or more laws or regulations adopted by an 

19 Indian tribe that requires the payment of not 

20 less than prevailing wages, as determined by the 

21 Indian tribe. 

22 ‘‘(B) WAGES.—The prevailing wages de23 scribed in subparagraph (A) shall apply to the 

24 administration of all Federal funding for 


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1 projects funded in part by funds authorized 

2 under this Act.’’. 

3 SEC. 102. ENVIRONMENTAL REVIEW. 

4 Section 105 (25 U.S.C. 4115) is amended by adding 

5 at the end the following: 

6 ‘‘(e) ENVIRONMENTAL REVIEW.—Notwithstanding any 

7 other provision of law or use of any other source of funding 

8 for the project, compliance with the environmental review 

9 requirements of this section shall satisfy any other applica10 ble environmental review requirement under any other Fed11 eral law (including regulations) required to be carried out 

12 by any agency involved in the project.’’. 

13 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 108 (25 U.S.C. 4117) is amended by striking 

15 ‘‘2009 through 2013’’ and inserting ‘‘2013 through 2018’’. 

16 TITLE II—AFFORDABLE 

17 HOUSING ACTIVITIES 

18 SEC. 201. LOW-INCOME REQUIREMENT AND INCOME TAR19 GETING. 

20 Section 205 (25 U.S.C. 4135) is amended by striking 

21 subsection (c) and inserting the following: 

22 ‘‘(c) APPLICABILITY.— 

23 ‘‘(1) IN GENERAL.—The provisions of subsection 

24 (a)(2) regarding binding commitments for the re25 maining useful life of property shall not apply to— 


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1 ‘‘(A) a family or household member who 

2 subsequently takes ownership of a homeowner3 ship unit; or 

4 ‘‘(B) any improvement to a privately owned 

5 homeownership unit if the aggregate value of the 

6 improvement for the 5-year period following 

7 completion of the improvement is less than 

8 $10,000. 

9 ‘‘(d) PURCHASE.—In the case of rental housing that 

10 is made available to a current rental tenant for conversion 

11 to a homebuyer or lease-purchase unit, the current rental 

12 tenant may purchase through a contract to purchase, lease13 purchase agreement, or any other sales agreement, subject 

14 to the condition that the current rental tenant was a low15 income family at the time of initial occupancy.’’. 

16 SEC. 202. LEASE REQUIREMENTS AND TENANT SELECTION. 

17 Section 207 (25 U.S.C. 4137) is amended by adding 

18 at the end the following: 

19 ‘‘(c) NOTICE OF TERMINATION.—The notice period de20 scribed in subsection (a)(3) shall apply to projects and pro21 grams funded in part by amounts authorized under this 

22 Act.’’. 


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1 SEC. 203. SELF-DETERMINED HOUSING ACTIVITIES FOR 

2 TRIBAL COMMUNITIES. 

3 Subtitle B of title II (25 U.S.C. 4145 et seq.) is re4 pealed. 

5 SEC. 204. TOTAL DEVELOPMENT COST MAXIMUM PROJECT 

6 COST. 

7 Affordable housing (as defined in section 4 of the Na8 tive American Housing Assistance and Self-Determination 

9 Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, 

10 or assisted under the block grant program established under 

11 section 101 of the Native American Housing Assistance and 

12 Self-Determination Act of 1996 (25 U.S.C. 4111) shall not 

13 exceed by more than 20 percent, without prior approval of 

14 the Secretary of Housing and Urban Development, the total 

15 development cost maximum cost for all housing assisted 

16 under an affordable housing activity, including develop17 ment and model activities. 

18 TITLE III—COMPLIANCE, 

19 AUDITS, AND REPORTS 

20 SEC. 301. REPORTS TO CONGRESS. 

21 Section 407 (25 U.S.C. 4167) is amended— 

22 (1) in subsection (a), by striking ‘‘Congress’’ and 

23 inserting ‘‘Committee on Indian Affairs and the Com24 mittee on Banking, Housing and Urban Affairs of the 

25 Senate and the Committee on Financial Services of 

26 the House of Representatives’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(c) PUBLIC AVAILABILITY.—The report described in 

3 subsection (a) shall be made publicly available, including 

4 to recipients.’’. 

5 TITLE IV—OTHER HOUSING AS6 SISTANCE FOR NATIVE AMER7 ICANS 

8 SEC. 401. DEMONSTRATION OF RENTAL ASSISTANCE FOR 

9 HOMELESS OR AT-RISK INDIAN VETERANS. 

10 Section 8(o)(19) of the United States Housing Act of 

11 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the 

12 end the following: 

13 ‘‘(D) INDIAN VETERANS HOUSING RENTAL

14 ASSISTANCE DEMONSTRATION PROGRAM.— 

15 ‘‘(i) DEFINITIONS.—In this subpara16 graph: 

17 ‘‘(I) INDIAN.—The term ‘Indian’ 

18 has the meaning given the term in sec19 tion 4 of the Indian Self-Determina20 tion and Education Assistance Act (25 

21 U.S.C. 450b). 

22 ‘‘(II) INDIAN AREA.—The term 

23 ‘Indian area’ has the meaning given 

24 the term in section 4 of the Native 

25 American Housing Assistance and 


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1 Self-Determination Act of 1996 (25 

2 U.S.C. 4103). 

3 ‘‘(III) TRIBAL ORGANIZATION.— 

4 The term ‘tribal organization’ has the 

5 meaning given the term in section 4 of 

6 the Indian Self-Determination and 

7 Education Assistance Act (25 U.S.C. 

8 450b). 

9 ‘‘(ii) AUTHORIZATION OF PROGRAM.— 

10 The Secretary may use not more than 5 

11 percent of the amounts made available for 

12 rental assistance under this subsection to 

13 carry out a rental assistance and supportive 

14 housing program, in conjunction with the 

15 Secretary of Veterans Affairs, for the benefit 

16 of Indian veterans who are homeless or at17 risk of homelessness and who are residing 

18 on or near an Indian area. 

19 ‘‘(iii) MODEL.—The program described 

20 in clause (ii) shall be modeled on the rental 

21 assistance and supportive housing program 

22 authorized under this section and applicable 

23 appropriations Acts, including administra24 tion in conjunction with the Secretary of 

25 Veterans Affairs, except that the Secretary 


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1 may make necessary and appropriate modi2 fications to facilitate the use of the program 

3 by Indian grant recipients to serve eligible 

4 Indian veterans. 

5 ‘‘(iv) ELIGIBLE RECIPIENTS.—Rental 

6 assistance, which shall include associated 

7 administrative costs, under clause (ii) shall 

8 be made available to recipients eligible to 

9 receive grants under section 101 of the Na10 tive American Housing Assistance and Self11 Determination Act of 1996 (25 U.S.C. 

12 4111). 

13 ‘‘(v) FUNDING CRITERIA.—Rental as14 sistance under clause (ii) shall be awarded 

15 based on— 

16 ‘‘(I) need; 

17 ‘‘(II) administrative capacity; 

18 and 

19 ‘‘(III) any other funding criteria 

20 established by the Secretary in a notice 

21 published in the Federal Register after 

22 consulting with the Secretary of Vet23 erans Affairs. 

24 ‘‘(vi) ADMINISTRATION.—Rental assist25 ance made available under clause (ii) shall 


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1 be administered in accordance with the Na2 tive American Housing Assistance and Self3 Determination Act of 1996 (25 U.S.C. 4101 

4 et seq.), except that grantees shall— 

5 ‘‘(I) submit to the Secretary, in a 

6 manner prescribed by the Secretary, 

7 reports on the utilization of rental as8 sistance provided under the demonstra9 tion program; and 

10 ‘‘(II) provide to the Secretary in11 formation specified by the Secretary to 

12 assess the effectiveness of the dem13 onstration program in serving eligible 

14 veterans. 

15 ‘‘(vii) CONSULTATION.—The Secretary, 

16 in coordination with the Secretary of Vet17 erans Affairs, shall consult with recipients 

18 of grants under section 101 of the Native 

19 American Housing Assistance and Self-De20 termination Act of 1996 (25 U.S.C. 4111) 

21 and any other appropriate tribal organiza22 tion on the design of the demonstration pro23 gram to ensure the effective delivery of rent24 al assistance and supportive services to perVerDate Mar 15 2010 01:59 Jan 14, 2014 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\S1352.RCS S1352

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1 sons eligible to receive assistance under this 

2 subparagraph. 

3 ‘‘(viii) WAIVER.— 

4 ‘‘(I) IN GENERAL.—Except as pro5 vided in subclause (II), the Secretary 

6 may waive or specify alternative re7 quirements for any provision of law 

8 (including regulations) that the Sec9 retary administers in connection with 

10 the use of rental assistance made avail11 able under this subparagraph if the 

12 Secretary finds that the waiver or al13 ternative requirement is necessary for 

14 the effective delivery and administra15 tion of rental assistance made avail16 able under this subparagraph to In17 dian veterans. 

18 ‘‘(II) EXCEPTION.—The Secretary 

19 shall not waive or specify alternative 

20 requirements under subclause (I) for 

21 any provision of law (including regu22 lations) relating to labor standards or 

23 the environment.’’. 


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1 SEC. 402. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RE2 STRICTED LANDS FOR HOUSING PURPOSES. 

3 Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended 

4 by inserting ‘‘(in effect before, on, or after the date of enact5 ment of this section)’’ after ‘‘law’’. 

6 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE. 

7 Section 703 (25 U.S.C. 4212) is amended by striking 

8 ‘‘of fiscal years 2009 through 2013’’ and inserting ‘‘fiscal 

9 year for which funds are appropriated under section 108.’’. 

10 TITLE V—MISCELLANEOUS 

11 SEC. 501. COMMUNITY-BASED ORGANIZATIONS AND TRIB12 ALLY DESIGNATED HOUSING ENTITIES. 

13 Title VII (Public Law 104–330; 110 Stat. 4048) is 

14 amended by adding at the end the following: 

15 ‘‘SEC. 706. COMMUNITY-BASED DEVELOPMENT ORGANIZA16 TION. 

17 ‘‘A tribally designated housing entity shall qualify as 

18 a community-based development organization for purposes 

19 of the Indian Community Development Block Grant pro20 gram authorized under section 106(a) of the Housing and 

21 Community Development Act of 1974 (42 U.S.C. 

22 5306(a)).’’. 


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1 SEC. 502. ELIMINATION OF LIMITATION ON USE FOR CHER2 OKEE NATION. 

3 Section 801 of the Native American Housing Assist4 ance and Self-Determination Reauthorization Act of 2008 

5 (Public Law 110–411; 122 Stat. 4334) is repealed. 

6 SEC. 503. REAUTHORIZATION OF NATIVE HAWAIIAN HOME7 OWNERSHIP ACT. 

8 Section 824 (25 U.S.C. 4243) is amended by striking 

9 ‘‘2001, 2002, 2003, 2004, and 2005,’’ and inserting ‘‘2014, 

10 2015, 2016, 2017, and 2018’’. 

11 SEC. 504. MATCHING OR COST-PARTICIPATION REQUIRE12 MENT. 

13 All funds provided under a grant made pursuant to 

14 this Act or the amendments made by this Act may be used 

15 for purposes of meeting matching or cost participation re16 quirements under any other Federal or non-Federal pro17 gram. 

Æ 


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