II 

113TH CONGRESS 

1ST 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, and Mr. SCHATZ) introduced the following 

bill; which was read twice and referred to the Committee on Indian Affairs 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES. 

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

6 ‘‘Native American Housing Assistance and Self-Deter7 mination Reauthorization Act of 2013’’. 

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

9 this Act is as follows: 


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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. 

1 (c) REFERENCES.—Except as otherwise expressly 

2 provided, wherever in this Act an amendment or repeal 

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

4 a section or other provision, the reference shall be consid5 ered to be made to a section or other provision of the Na6 tive American Housing Assistance and Self-Determination 

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


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1 TITLE I—BLOCK GRANTS AND 

2 GRANT REQUIREMENTS 

3 SEC. 101. TREATMENT OF PROGRAM INCOME AND LABOR 

4 STANDARDS. 

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

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

7 and inserting the following: 

8 ‘‘(1) AUTHORITY TO RETAIN.— 

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

10 other provision of this Act, a recipient may re11 tain any program income that is realized from 

12 any grant amounts under this Act if— 

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

14 initial disbursement of the grant amounts 

15 received by the recipient; and 

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

17 recipient will utilize the income for housing 

18 related activities in accordance with this 

19 Act. 

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

21 realized by a recipient from program income 

22 shall— 

23 ‘‘(i) be considered nonprogram in24 come; and 


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

2 and 

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

4 and inserting the following: 

5 ‘‘(3) APPLICATION OF TRIBAL LAWS.— 

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

7 not apply to any contract or agreement for as8 sistance, sale, or lease pursuant to this Act, if 

9 that contract or agreement is otherwise covered 

10 by 1 or more laws or regulations adopted by an 

11 Indian tribe that requires the payment of not 

12 less than prevailing wages, as determined by 

13 the Indian tribe. 

14 ‘‘(B) WAGES.—The prevailing wages de15 scribed in subparagraph (A) shall apply to the 

16 administration of all Federal funding for 

17 projects funded in part by funds authorized 

18 under this Act.’’. 

19 SEC. 102. ENVIRONMENTAL REVIEW. 

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

21 subsection (d) and inserting the following: 

22 ‘‘(d) ENVIRONMENTAL COMPLIANCE.—Notwith23 standing any other provision of law or use of any other 

24 source of funding for the project, compliance with the en25 vironmental review requirements of this section shall satVerDate Mar 15 2010 02:02 Jul 26, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1352.IS S1352

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1 isfy any other applicable environmental review require2 ment under any other Federal law (including regulations) 

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

4 project.’’. 

5 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

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

7 ‘‘2009 through 2013’’ and inserting ‘‘2013 through 

8 2018’’. 

9 TITLE II—AFFORDABLE 

10 HOUSING ACTIVITIES 

11 SEC. 201. LOW-INCOME REQUIREMENT AND INCOME TAR12 GETING. 

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

14 subsection (c) and inserting the following: 

15 ‘‘(c) APPLICABILITY.— 

16 ‘‘(1) IN GENERAL.—The provisions of sub17 section (a)(2) regarding binding commitments for 

18 the remaining useful life of property shall not apply 

19 to— 

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

21 subsequently takes ownership of a homeowner22 ship unit; or 

23 ‘‘(B) any improvement to a privately 

24 owned homeownership unit if the aggregate 

25 value of the improvement for the 5-year period 


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1 following completion of the improvement is less 

2 than $10,000. 

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

4 is made available to a current rental tenant for conversion 

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

6 tenant may purchase through a contract to purchase, 

7 lease-purchase agreement, or any other sales agreement 

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

9 that is a low-income family at the time of initial occu10 pancy.’’. 

11 SEC. 202. LEASE REQUIREMENTS AND TENANT SELECTION. 

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

13 at the end the following: 

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

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

16 programs funded in part by amounts authorized under 

17 this Act.’’. 

18 SEC. 203. SELF-DETERMINED HOUSING ACTIVITIES FOR 

19 TRIBAL COMMUNITIES. 

20 Subtitle B of title II (25 U.S.C. 4145 et seq.) is re21 pealed. 

22 SEC. 204. TOTAL DEVELOPMENT COST MAXIMUM PROJECT 

23 COST. 

24 Affordable housing (as defined in section 4 of the Na25 tive American Housing Assistance and Self-Determination 


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

2 or assisted under the block grant program established 

3 under section 101 of the Native American Housing Assist4 ance and Self-Determination Act of 1996 (25 U.S.C. 

5 4111) shall not exceed by more than 20 percent, without 

6 prior approval of the Secretary of Housing and Urban De7 velopment, the total development cost maximum cost for 

8 all housing assisted under an affordable housing activity, 

9 including development and model activities. 

10 TITLE III—COMPLIANCE, 

11 AUDITS, AND REPORTS 

12 SEC. 301. REPORTS TO CONGRESS. 

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

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

15 and inserting ‘‘Committee on Indian Affairs and the 

16 Committee on Banking, Housing and Urban Affairs 

17 of the Senate and the Committee on Financial Serv18 ices of the House of Representatives’’; and 

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

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

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

22 to recipients.’’. 


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1 TITLE IV—OTHER HOUSING AS2 SISTANCE FOR NATIVE AMER3 ICANS 

4 SEC. 401. DEMONSTRATION OF RENTAL ASSISTANCE FOR 

5 HOMELESS OR AT-RISK INDIAN VETERANS. 

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

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

8 at the end the following: 

9 ‘‘(D) INDIAN VETERANS HOUSING RENTAL

10 ASSISTANCE DEMONSTRATION PROGRAM.— 

11 ‘‘(i) DEFINITIONS.—In this subpara12 graph: 

13 ‘‘(I) INDIAN.—The term ‘Indian’ 

14 has the meaning given the term in 

15 section 4 of the Indian Self-Deter16 mination and Education Assistance 

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

18 ‘‘(II) INDIAN LANDS.—The term 

19 ‘Indian lands’ has the meaning given 

20 the term in section 3 of the Native 

21 American Business Development, 

22 Trade Promotion, and Tourism Act of 

23 2000 (25 U.S.C. 4302). 

24 ‘‘(III) TRIBAL ORGANIZATION.— 

25 The term ‘tribal organization’ has the 


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1 meaning given the term in section 4 

2 of the Indian Self-Determination and 

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

4 450b). 

5 ‘‘(ii) AUTHORIZATION OF PROGRAM.— 

6 The Secretary may use not more than 5 

7 percent of the amounts made available for 

8 rental assistance under this subsection to 

9 carry out a rental assistance and sup10 portive housing program, in conjunction 

11 with the Secretary of Veterans Affairs, for 

12 the benefit of Indian veterans who are 

13 homeless or at-risk of homelessness and 

14 who are residing on or near Indian lands. 

15 ‘‘(iii) MODEL.—The program de16 scribed in clause (ii) shall be modeled on 

17 the rental assistance and supportive hous18 ing program authorized under this section 

19 and applicable appropriations Acts, includ20 ing administration in conjunction with the 

21 Secretary of Veterans Affairs, except that 

22 the Secretary may make necessary and ap23 propriate modifications to facilitate the use 

24 of the program by Indian grant recipients 

25 to serve eligible Indian veterans. 


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1 ‘‘(iv) ELIGIBLE RECIPIENTS.—Rental 

2 assistance under clause (ii) shall be made 

3 available to recipients eligible to receive 

4 grants under section 101 of the Native 

5 American Housing Assistance and Self-De6 termination Act of 1996 (25 U.S.C. 4111). 

7 ‘‘(v) FUNDING CRITERIA.—Rental as8 sistance under clause (ii) shall be awarded 

9 based on— 

10 ‘‘(I) need; 

11 ‘‘(II) administrative capacity; and 

12 ‘‘(III) any other funding criteria 

13 established by the Secretary in a no14 tice published in the Federal Register 

15 after consulting with the Secretary of 

16 Veterans Affairs. 

17 ‘‘(vi) ADMINISTRATION.—Rental as18 sistance made available under clause (ii) 

19 shall be administered in accordance with 

20 the Native American Housing Assistance 

21 and Self-Determination Act of 1996 (25 

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

23 shall— 

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

25 manner prescribed by the Secretary, 


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1 reports on the use of rental assistance 

2 provided under the demonstration pro3 gram; and 

4 ‘‘(II) provide to the Secretary in5 formation specified by the Secretary 

6 to assess the effectiveness of the dem7 onstration program in serving eligible 

8 veterans. 

9 ‘‘(vii) CONSULTATION.—The Sec10 retary, in coordination with the Secretary 

11 of Veterans Affairs, shall consult with re12 cipients of grants under section 101 of the 

13 Native American Housing Assistance and 

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

15 4111) and any other appropriate tribal or16 ganization on the design of the demonstra17 tion program to ensure the effective deliv18 ery of rental assistance and supportive 

19 services to persons eligible to receive as20 sistance under this subparagraph. 

21 ‘‘(viii) WAIVER.— 

22 ‘‘(I) IN GENERAL.—Except as 

23 provided in subclause (II), the Sec24 retary may waive or specify alter25 native requirements for any provision 


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1 of law (including regulations) that the 

2 Secretary administers in connection 

3 with the use of rental assistance made 

4 available under this subparagraph if 

5 the Secretary finds that the waiver or 

6 alternative requirement is necessary 

7 for the effective delivery and adminis8 tration of rental assistance made 

9 available under this subparagraph to 

10 Indian veterans. 

11 ‘‘(II) EXCEPTION.—The Sec12 retary shall not waive or specify alter13 native requirements under subclause 

14 (I) for any provision of law (including 

15 regulations) relating to labor stand16 ards or the environment.’’. 

17 SEC. 402. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RE18 STRICTED LANDS FOR HOUSING PURPOSES. 

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

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

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

22 SEC. 403. TRAINING AND TECHNICAL ASSISTANCE. 

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

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


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1 year for which funds are appropriated under section 

2 108.’’. 

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

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

5 Revenue Code of 1986 is amended— 

6 (1) in subparagraph (B)(ii)— 

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

8 and 

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

10 ‘‘(IV) projects which are located 

11 in an Indian area (as defined in sec12 tion 4(11) of the Native American 

13 Housing Assistance and Self-Deter14 mination Act of 1996 (25 U.S.C. 

15 4103(11))) and for which the entity 

16 applying to receive credit is— 

17 ‘‘(aa) an Indian tribe or a 

18 tribally designated housing entity 

19 (as defined in section 4 of the 

20 Native American Housing Assist21 ance and Self-Determination Act 

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

23 ‘‘(bb) wholly owned or con24 trolled by an Indian tribe or trib25 ally designated housing entity (as 


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1 defined in section 4 of the Native 

2 American Housing Assistance 

3 and Self-Determination Act of 

4 1996 (25 U.S.C. 4103)), or 

5 ‘‘(cc) a subrecipient of fund6 ing under the Native American 

7 Housing Assistance and Self-De8 termination Act of 1996 (25 

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

10 to the project for which credits 

11 would be awarded, and’’; 

12 (2) in subparagraph (C)— 

13 (A) in clause (vi), by inserting ‘‘and In14 dian’’ after ‘‘public’’; 

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

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

17 (C) by inserting after clause (viii) the fol18 lowing: 

19 ‘‘(ix) projects described in subpara20 graph (B)(ii)(IV),’’; and 

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

22 ‘‘(E) PREFERENCE FOR PROJECTS IN IN23 DIAN AREAS.—In addition to the preference 

24 provided to projects described in subparagraph 

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


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1 projects pursuant to a competitive application 

2 process for allocation of housing credit dollar 

3 amounts, a housing credit agency— 

4 ‘‘(i) for purposes of any numerical 

5 evaluation process employed by the agency, 

6 shall increase the cumulative points or 

7 score for such project by not less than 10 

8 percent of the total points or credits avail9 able to any project, and 

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

11 proximity of such project to population 

12 centers, public transportation systems, or 

13 publicly available amenities.’’. 

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

15 this section shall apply to housing credit dollar amounts 

16 allocated by a housing credit agency after December 31, 

17 2013. 

18 TITLE V—MISCELLANEOUS 

19 SEC. 501. COMMUNITY-BASED ORGANIZATIONS AND TRIB20 ALLY DESIGNATED HOUSING ENTITIES. 

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

22 amended by adding at the end the following: 


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1 ‘‘SEC. 706. COMMUNITY-BASED DEVELOPMENT ORGANIZA2 TION. 

3 ‘‘A tribally designated housing entity shall qualify as 

4 a community-based development organization for purposes 

5 of the Indian Community Development Block Grant pro6 gram authorized under section 106(a) of the Housing and 

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

8 5306(a)).’’. 

9 SEC. 502. ELIMINATION OF LIMITATION ON USE FOR CHER10 OKEE NATION. 

11 Section 801 of the Native American Housing Assist12 ance and Self-Determination Reauthorization Act of 2008 

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

14 SEC. 503. REAUTHORIZATION OF NATIVE HAWAIIAN HOME15 OWNERSHIP ACT. 

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

17 ‘‘2001, 2002, 2003, 2004, and 2005,’’ and inserting 

18 ‘‘2014, 2015, 2016, 2017, and 2018’’. 

19 SEC. 504. MATCHING OR COST-PARTICIPATION REQUIRE20 MENT. 

21 All funds provided under a grant made pursuant to 

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

23 for purposes of meeting matching or cost participation re24 quirements under any other Federal or non-Federal pro25 gram. 

Æ 


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