I 

114TH CONGRESS 

1ST SESSION H. R. 360 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2015 

Mr. PEARCE (for himself, Mr. COLE, Mr. YOUNG of Alaska, Ms. MOORE, Mr. 

HECK of Washington, Mr. KILDEE, Mr. KILMER, Ms. GABBARD, Mr. 

TAKAI, Mr. MULLIN, Mr. AMODEI, Mr. ZINKE, Mr. SCHWEIKERT, and 

Ms. MCCOLLUM) introduced the following bill; which was referred to the 

Committee on Financial Services 

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. 

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

5 ‘‘Native American Housing Assistance and Self-Deter6 mination Reauthorization Act of 2015’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 


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TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 

Sec. 101. Block grants. 

Sec. 102. Recommendations regarding exceptions to annual Indian housing 

plan requirement. 

Sec. 103. Environmental review. 

Sec. 104. Deadline for action on request for approval regarding exceeding TDC 

maximum cost for project. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Sec. 201. National objectives and eligible families. 

Sec. 202. Program requirements. 

Sec. 203. Homeownership or lease-to-own low-income requirement and income 

targeting. 

Sec. 204. Lease requirements and tenant selection. 

Sec. 205. Tribal coordination of agency funding. 

TITLE III—ALLOCATION OF GRANT AMOUNTS 

Sec. 301. Authorization of appropriations. 

Sec. 302. Effect of undisbursed block grant amounts on annual allocations. 

TITLE IV—AUDITS AND REPORTS 

Sec. 401. Review and audit by Secretary. 

Sec. 402. Reports to Congress. 

TITLE V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 

Sec. 501. HUD–Veterans Affairs supportive housing program for Native American veterans. 

Sec. 502. Loan guarantees for Indian housing. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Lands Title Report Commission. 

Sec. 602. Limitation on use of funds for Cherokee Nation. 

Sec. 603. Leasehold interest in trust or restricted lands for housing purposes. 

Sec. 604. Clerical amendment. 

TITLE VII—DEMONSTRATION PROGRAM FOR ALTERNATIVE 

PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 

Sec. 701. Demonstration program. 

Sec. 702. Clerical amendments. 

TITLE VIII—HOUSING FOR NATIVE HAWAIIANS 

Sec. 801. Reauthorization of Native Hawaiian Homeownership Act. 

Sec. 802. Reauthorization of loan guarantees for Native Hawaiian housing. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 


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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a 

3 section or other provision of the Native American Housing 

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

5 4101 et seq.). 

6 TITLE I—BLOCK GRANTS AND 

7 GRANT REQUIREMENTS 

8 SEC. 101. BLOCK GRANTS. 

9 Section 101 (25 U.S.C. 4111) is amended— 

10 (1) in subsection (c), by adding after the period 

11 at the end the following: ‘‘The Secretary shall act 

12 upon a waiver request submitted under this sub13 section by a recipient within 60 days after receipt of 

14 such request.’’; and 

15 (2) in subsection (k), by striking ‘‘1’’ and in16 serting ‘‘an’’. 

17 SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS 

18 TO ANNUAL INDIAN HOUSING PLAN RE19 QUIREMENT. 

20 Not later than the expiration of the 120-day period 

21 beginning on the date of the enactment of this Act and 

22 after consultation with Indian tribes, tribally designated 

23 housing entities, and other interested parties, the Sec24 retary of Housing and Urban Development shall submit 

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1 cedures for waiver of, or alternative requirements (which 

2 may include multi-year housing plans) for, the require3 ment under section 102(a) of the Native American Hous4 ing Assistance and Self-Determination Act of 1996 (25 

5 U.S.C. 4112(a)) for annual submission of one-year hous6 ing plans for an Indian tribe. Such recommendations shall 

7 include a description of any legislative and regulatory 

8 changes necessary to implement such recommendations. 

9 SEC. 103. ENVIRONMENTAL REVIEW. 

10 Section 105 (25 U.S.C. 4115) is amended— 

11 (1) in subsection (d)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘may’’ and inserting ‘‘shall’’; and 

14 (B) by adding after and below paragraph 

15 (4) the following: 

16 ‘‘The Secretary shall act upon a waiver request submitted 

17 under this subsection by a recipient within 60 days after 

18 receipt of such request.’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW

22 REQUIREMENTS.—If a recipient is using one or more 

23 sources of Federal funds in addition to grant amounts 

24 under this Act in carrying out a project that qualifies as 

25 an affordable housing activity under section 202, such 


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1 other sources of Federal funds do not exceed 49 percent 

2 of the total cost of the project, and the recipient’s tribe 

3 has assumed all of the responsibilities for environmental 

4 review, decisionmaking, and action pursuant to this sec5 tion, the tribe’s compliance with the review requirements 

6 under this section and the National Environmental Policy 

7 Act of 1969 with regard to such project shall be deemed 

8 to fully comply with and discharge any applicable environ9 mental review requirements that might apply to Federal 

10 agencies with respect to the use of such additional Federal 

11 funding sources for that project.’’. 

12 SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR AP13 PROVAL REGARDING EXCEEDING TDC MAX14 IMUM COST FOR PROJECT. 

15 (a) APPROVAL.—Section 103 (25 U.S.C. 4113) is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EX19 CEED TDC MAXIMUM.—A request for approval by the 

20 Secretary of Housing and Urban Development to exceed 

21 by more than 10 percent the total development cost max22 imum cost for a project shall be approved or denied during 

23 the 60-day period that begins on the date that the Sec24 retary receives the request.’’. 


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1 (b) DEFINITION.—Section 4 (25 U.S.C. 4103) is 

2 amended— 

3 (1) by redesignating paragraph (22) as para4 graph (23); and 

5 (2) by inserting after paragraph (21) the fol6 lowing new paragraph: 

7 ‘‘(22) TOTAL DEVELOPMENT COST.—The term 

8 ‘total development cost’ means, with respect to a 

9 housing project, the sum of all costs for the project, 

10 including all undertakings necessary for administra11 tion, planning, site acquisition, demolition, construc12 tion or equipment and financing (including payment 

13 of carrying charges), and for otherwise carrying out 

14 the development of the project, excluding off-site 

15 water and sewer. The total development cost 

16 amounts shall be based on a moderately designed 

17 house and determined by averaging the current con18 struction costs as listed in not less than two nation19 ally recognized residential construction cost indi20 ces.’’. 

21 TITLE II—AFFORDABLE 

22 HOUSING ACTIVITIES 

23 SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

24 The second paragraph (6) of section 201(b) (25 

25 U.S.C. 4131(b)(6); relating to exemption) is amended— 


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1 (1) by striking ‘‘1964 and’’ and inserting 

2 ‘‘1964,’’; and 

3 (2) by inserting after ‘‘1968’’ the following: ‘‘, 

4 and section 3 of the Housing and Urban Develop5 ment Act of 1968’’. 

6 SEC. 202. PROGRAM REQUIREMENTS. 

7 Section 203(a) (25 U.S.C. 4133(a)) is amended— 

8 (1) in paragraph (1), by striking ‘‘paragraph 

9 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) APPLICATION OF TRIBAL POLICIES.— 

13 Paragraph (2) shall not apply if the recipient has a 

14 written policy governing rents and homebuyer pay15 ments charged for dwelling units and such policy in16 cludes a provision governing maximum rents or 

17 homebuyer payments.’’. 

18 SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN19 COME REQUIREMENT AND INCOME TAR20 GETING. 

21 Section 205 (25 U.S.C. 4135) is amended— 

22 (1) in subsection (a)(1)— 

23 (A) in subparagraph (C), by striking 

24 ‘‘and’’ at the end; and 


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1 (B) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(E) notwithstanding any other provision 

4 of this paragraph, in the case of rental housing 

5 that is made available to a current rental family 

6 for conversion to a homebuyer or a lease-pur7 chase unit, that the current rental family can 

8 purchase through a contract of sale, lease-pur9 chase agreement, or any other sales agreement, 

10 is made available for purchase only by the cur11 rent rental family, if the rental family was a 

12 low-income family at the time of their initial oc13 cupancy of such unit; and’’; and 

14 (2) in subsection (c), by adding after the period 

15 at the end the following: ‘‘The provisions of such 

16 paragraph regarding binding commitments for the 

17 remaining useful life of the property shall not apply 

18 to improvements of privately owned homes if the 

19 cost of such improvements do not exceed 10 percent 

20 of the maximum total development cost for such 

21 home.’’. 

22 SEC. 204. LEASE REQUIREMENTS AND TENANT SELECTION. 

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

24 at the end the following new subsection: 


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1 ‘‘(c) NOTICE OF TERMINATION.—Notwithstanding 

2 any other provision of law, the owner or manager of rental 

3 housing that is assisted in part with amounts provided 

4 under this Act and in part with one or more other sources 

5 of Federal funds shall only utilize leases that require a 

6 notice period for the termination of the lease pursuant to 

7 subsection (a)(3).’’. 

8 SEC. 205. TRIBAL COORDINATION OF AGENCY FUNDING. 

9 (a) IN GENERAL.—Subtitle A of title II (25 U.S.C. 

10 4131 et seq.) is amended by adding at the end the fol11 lowing new section: 

12 ‘‘SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING. 

13 ‘‘Notwithstanding any other provision of law, a re14 cipient authorized to receive funding under this Act may, 

15 in its discretion, use funding from the Indian Health Serv16 ice of the Department of Health and Human Services for 

17 construction of sanitation facilities for housing construc18 tion and renovation projects that are funded in part by 

19 funds provided under this Act.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) is amended by inserting after the item re22 lating to section 210 the following new item: 

‘‘Sec. 211. Tribal coordination of agency funding.’’. 


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1 TITLE III—ALLOCATION OF 

2 GRANT AMOUNTS 

3 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

4 The first sentence of section 108 (25 U.S.C. 4117) 

5 is amended by striking ‘‘such sums as may be necessary 

6 for each of fiscal years 2009 through 2013’’ and inserting 

7 ‘‘$650,000,000 for each of fiscal years 2015 through 

8 2019’’. 

9 SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT 

10 AMOUNTS ON ANNUAL ALLOCATIONS. 

11 (a) IN GENERAL.—Title III (25 U.S.C. 4151 et seq.) 

12 is amended by adding at the end the following new section: 

13 ‘‘SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON 

14 ANNUAL ALLOCATIONS. 

15 ‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED

16 GRANT AMOUNTS.—Subject to subsection (d) of this sec17 tion, if as of January 1 of 2015 or any year thereafter 

18 a recipient’s total amount of undisbursed block grants in 

19 the Department’s line of credit control system is greater 

20 than three times the formula allocation such recipient 

21 would otherwise receive under this Act for the fiscal year 

22 during which such January 1 occurs, the Secretary shall— 

23 ‘‘(1) before January 31 of such year, notify the 

24 Indian tribe allocated the grant amounts and any 


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1 tribally designated housing entity for the tribe of the 

2 undisbursed funds; and 

3 ‘‘(2) require the recipient for the tribe to, not 

4 later than 30 days after the Secretary provides noti5 fication pursuant to paragraph (1)— 

6 ‘‘(A) notify the Secretary in writing of the 

7 reasons why the recipient has not requested the 

8 disbursement of such amounts; and 

9 ‘‘(B) demonstrate to the satisfaction of the 

10 Secretary that the recipient has the capacity to 

11 spend Federal funds in an effective manner, 

12 which demonstration may include evidence of 

13 the timely expenditure of amounts previously 

14 distributed under this Act to the recipient. 

15 ‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sec16 tions 301 and 302, the allocation for such fiscal year for 

17 a recipient described in subsection (a) shall be the amount 

18 initially calculated according to the formula minus the dif19 ference between the recipient’s total amount of 

20 undisbursed block grants in the Department’s line of cred21 it control system on such January 1 and three times the 

22 initial formula amount for such fiscal year. 

23 ‘‘(c) REALLOCATION.—Notwithstanding any other 

24 provision of law, any grant amounts not allocated to a re25 cipient pursuant to subsection (b) shall be allocated under 


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1 the need component of the formula proportionately 

2 amount all other Indian tribes not subject to such an ad3 justment. 

4 ‘‘(d) INAPPLICABILITY.—Subsections (a) and (b) 

5 shall not apply to an Indian tribe with respect to any fiscal 

6 year for which the amount allocated for the tribe for block 

7 grants under this Act is less than $5,000,000. 

8 ‘‘(e) EFFECTIVENESS.—This section shall not require 

9 the issuance of any regulation to take effect and shall not 

10 be construed to confer hearing rights under this or any 

11 other section of this Act.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) is amended by inserting after the item re14 lating to section 302 the following new item: 

‘‘Sec. 303. Effect of undisbursed grant amounts on annual allocations.’’. 

15 TITLE IV—AUDITS AND REPORTS 

16 SEC. 401. REVIEW AND AUDIT BY SECRETARY. 

17 Section 405(c) (25 U.S.C. 4165(c)) is amended, by 

18 adding at the end the following new paragraph: 

19 ‘‘(3) ISSUANCE OF FINAL REPORT.—The Sec20 retary shall issue a final report within 60 days after 

21 receiving comments under paragraph (1) from a re22 cipient.’’. 

23 SEC. 402. REPORTS TO CONGRESS. 

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


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

2 and inserting ‘‘Committee on Financial Services and 

3 the Committee on Natural Resources of the House 

4 of Representatives, to the Committee on Indian Af5 fairs and the Committee on Banking, Housing, and 

6 Urban Affairs of the Senate, and to any subcommit7 tees of such committees having jurisdiction with re8 spect to Native American and Alaska Native af9 fairs,’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(c) PUBLIC AVAILABILITY TO RECIPIENTS.—Each 

13 report submitted pursuant to subsection (a) shall be made 

14 publicly available to recipients.’’. 

15 TITLE V—OTHER HOUSING AS16 SISTANCE FOR NATIVE AMER17 ICANS 

18 SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE HOUSING 

19 PROGRAM FOR NATIVE AMERICAN VET20 ERANS. 

21 Paragraph (19) of section 8(o) of the United States 

22 Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend23 ed by adding at the end the following new subparagraph: 

24 ‘‘(D) NATIVE AMERICAN VETERANS.— 


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1 ‘‘(i) AUTHORITY.—Of the funds made 

2 available for rental assistance under this 

3 subsection for fiscal year 2015 and each 

4 fiscal year thereafter, the Secretary shall 

5 set aside 5 percent for a supported housing 

6 and rental assistance program modeled on 

7 the HUD–Veterans Affairs Supportive 

8 Housing (HUD–VASH) program, to be 

9 administered in conjunction with the De10 partment of Veterans Affairs, for the ben11 efit of homeless Native American veterans 

12 and veterans at risk of homelessness. 

13 ‘‘(ii) RECIPIENTS.—Such rental as14 sistance shall be made available to recipi15 ents eligible to receive block grants under 

16 the Native American Housing Assistance 

17 and Self-Determination Act of 1996 (25 

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

19 ‘‘(iii) FUNDING CRITERIA.—Funds 

20 shall be awarded based on need, adminis21 trative capacity, and any other funding cri22 teria established by the Secretary in a no23 tice published in the Federal Register, 

24 after consultation with the Secretary of 

25 Veterans Affairs, by a date sufficient to 


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1 provide for implementation of the program 

2 under this subparagraph in accordance 

3 with clause (i). 

4 ‘‘(iv) PROGRAM REQUIREMENTS.— 

5 Such funds shall be administered by block 

6 grant recipients in accordance with pro7 gram requirements under Native American 

8 Housing Assistance and Self-Determina9 tion Act of 1996 in lieu of program re10 quirements under this Act. 

11 ‘‘(v) WAIVER.—The Secretary may 

12 waive, or specify alternative requirements 

13 for any provision of any statute or regula14 tion that the Secretary administers in con15 nection with the use of funds made avail16 able under this subparagraph, but only 

17 upon a finding by the Secretary that such 

18 waiver or alternative requirement is nec19 essary to promote administrative efficiency, 

20 eliminate delay, consolidate or eliminate 

21 duplicative or ineffective requirements or 

22 criteria, or otherwise provide for the effec23 tive delivery and administration of such 

24 supportive housing assistance to Native 

25 American veterans. 


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1 ‘‘(vi) CONSULTATION.—The Secretary 

2 and the Secretary of Veterans Affairs shall 

3 jointly consult with block grant recipients 

4 and any other appropriate tribal organiza5 tions to— 

6 ‘‘(I) ensure that block grant re7 cipients administering funds made 

8 available under the program under 

9 this subparagraph are able to effec10 tively coordinate with providers of 

11 supportive services provided in con12 nection with such program; and 

13 ‘‘(II) ensure the effective delivery 

14 of supportive services to Native Amer15 ican veterans that are homeless or at 

16 risk of homelessness eligible to receive 

17 assistance under this subparagraph. 

18 Consultation pursuant to this clause shall 

19 be completed by a date sufficient to pro20 vide for implementation of the program 

21 under this subparagraph in accordance 

22 with clause (i). 

23 ‘‘(vii) NOTICE.—The Secretary shall 

24 establish the requirements and criteria for 

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1 ance program under this subparagraph by 

2 notice published in the Federal Register, 

3 but shall provide Indian tribes and tribally 

4 designated housing agencies an oppor5 tunity for comment and consultation before 

6 publication of a final notice pursuant to 

7 this clause.’’. 

8 SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING. 

9 Section 184(i)(5) of the Housing and Community De10 velopment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

11 amended— 

12 (1) in subparagraph (B), by inserting after the 

13 period at the end of the first sentence the following: 

14 ‘‘There are authorized to be appropriated for such 

15 costs $12,200,000 for each of fiscal years 2015 

16 through 2019.’’; and 

17 (2) in subparagraph (C)— 

18 (A) by striking ‘‘2008 through 2012’’ and 

19 inserting ‘‘2015 through 2019’’; and 

20 (B) by striking ‘‘such amount as may be 

21 provided in appropriation Acts for’’ and insert22 ing ‘‘$976,000,000 for each’’. 


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1 TITLE VI—MISCELLANEOUS 

2 SEC. 601. LANDS TITLE REPORT COMMISSION. 

3 Section 501 of the American Homeownership and 

4 Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) 

5 is amended— 

6 (1) in subsection (a), by striking ‘‘Subject to 

7 sums being provided in advance in appropriations 

8 Acts, there’’ and inserting ‘‘There’’; and 

9 (2) in subsection (b)(1) by striking ‘‘this Act’’ 

10 and inserting ‘‘the Native American Housing Assist11 ance and Self-Determination Reauthorization Act of 

12 2015’’. 

13 SEC. 602. LIMITATION ON USE OF FUNDS FOR CHEROKEE 

14 NATION. 

15 Section 801 of the Native American Housing Assist16 ance and Self-Determination Reauthorization Act of 2008 

17 (Public Law 110–411) is amended by striking ‘‘Tem18 porary Order and Temporary Injunction issued on May 

19 14, 2007, by the District Court of the Cherokee Nation’’ 

20 and inserting ‘‘Order issued September 21, 2011, by the 

21 Federal District Court for the District of Columbia’’. 

22 SEC. 603. LEASEHOLD INTEREST IN TRUST OR RESTRICTED 

23 LANDS FOR HOUSING PURPOSES. 

24 Section 702 (25 U.S.C. 4211) is amended— 


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1 (1) in subsection (c)(1), by inserting ‘‘, whether 

2 enacted before, on, or after the date of the enact3 ment of this section’’ after ‘‘law’’; and 

4 (2) by striking ‘‘50 years’’ each place such term 

5 appears and inserting ‘‘99 years’’. 

6 SEC. 604. CLERICAL AMENDMENT. 

7 The table of contents in section 1(b) is amended by 

8 striking the item relating to section 206 (treatment of 

9 funds). 

10 TITLE VII—DEMONSTRATION 

11 PROGRAM FOR ALTERNATIVE 

12 PRIVATIZATION AUTHORITY 

13 FOR NATIVE AMERICAN 

14 HOUSING 

15 SEC. 701. DEMONSTRATION PROGRAM. 

16 Add at the end of the Act the following new title: 

17 ‘‘TITLE IX—DEMONSTRATION 

18 PROGRAM FOR ALTERNATIVE 

19 PRIVATIZATION AUTHORITY 

20 FOR NATIVE AMERICAN 

21 HOUSING 

22 ‘‘SEC. 901. AUTHORITY. 

23 ‘‘(a) IN GENERAL.—In addition to any other author24 ity provided in this Act for the construction, development, 

25 maintenance, and operation of housing for Indian families, 


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1 the Secretary shall provide the participating tribes having 

2 final plans approved pursuant to section 905 with the au3 thority to exercise the activities provided under this title 

4 and such plan for the acquisition and development of 

5 housing to meet the needs of tribal members. 

6 ‘‘(b) INAPPLICABILITY OF NAHASDA PROVI7 SIONS.—Except as specifically provided otherwise in this 

8 title, titles I through IV, VI, and VII shall not apply to 

9 a participating tribe’s use of funds during any period that 

10 the tribe is participating in the demonstration program 

11 under this title. 

12 ‘‘(c) CONTINUED APPLICABILITY OF CERTAIN

13 NAHASDA PROVISIONS.—The following provisions of ti14 tles I through VIII shall apply to the demonstration pro15 gram under this title and amounts made available under 

16 the demonstration program under this title: 

17 ‘‘(1) Subsections (d) and (e) of section 101 (re18 lating to tax exemption). 

19 ‘‘(2) Section 101(j) (relating to Federal supply 

20 sources). 

21 ‘‘(3) Section 101(k) (relating to tribal pref22 erence in employment and contracting). 

23 ‘‘(4) Section 104 (relating to treatment of pro24 gram income and labor standards). 


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1 ‘‘(5) Section 105 (relating to environmental re2 view). 

3 ‘‘(6) Section 201(b) (relating to eligible fami4 lies), except as otherwise provided in this title. 

5 ‘‘(7) Section 203(g) (relating to a de minimis 

6 exemption for procurement of goods and services). 

7 ‘‘(8) Section 702 (relating to 99-year leasehold 

8 interests in trust or restricted lands for housing pur9 poses). 

10 ‘‘SEC. 902. PARTICIPATING TRIBES. 

11 ‘‘(a) REQUEST TO PARTICIPATE.—To be eligible to 

12 participate in the demonstration program under this title, 

13 an Indian tribe shall submit to the Secretary a notice of 

14 intention to participate during the 60-day period begin15 ning on the date of the enactment of this title, in such 

16 form and such manner as the Secretary shall provide. 

17 ‘‘(b) COOPERATIVE AGREEMENT.—Upon approval 

18 under section 905 of the final plan of an Indian tribe for 

19 participation in the demonstration program under this 

20 title, the Secretary shall enter into a cooperative agree21 ment with the participating tribe that provides such tribe 

22 with the authority to carry out activities under the dem23 onstration program. 


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1 ‘‘(c) LIMITATION.—The Secretary may not approve 

2 more than 20 Indian tribes for participation in the dem3 onstration program under this title. 

4 ‘‘SEC. 903. REQUEST FOR QUOTES AND SELECTION OF IN5 VESTOR PARTNER. 

6 ‘‘(a) REQUEST FOR QUOTES.—Not later than the ex7 piration of the 180-day period beginning upon notification 

8 to the Secretary by an Indian tribe of intention to partici9 pate in the demonstration program under this title, the 

10 Indian tribe shall— 

11 ‘‘(1) obtain assistance from a qualified entity in 

12 assessing the housing needs, including the affordable 

13 housing needs, of the tribe; and 

14 ‘‘(2) release a request for quotations from enti15 ties interested in partnering with the tribe in design16 ing and carrying out housing activities sufficient to 

17 meet the tribe’s housing needs as identified pursuant 

18 to paragraph (1). 

19 ‘‘(b) SELECTION OF INVESTOR PARTNER.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), not later than the expiration of the 18- 

22 month period beginning on the date of the enact23 ment of this title, an Indian tribe requesting to par24 ticipate in the demonstration program under this 

25 title shall— 


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1 ‘‘(A) select an investor partner from 

2 among the entities that have responded to the 

3 tribe’s request for quotations; and 

4 ‘‘(B) together with such investor partner, 

5 establish and submit to the Secretary a final 

6 plan that meets the requirements under section 

7 904. 

8 ‘‘(2) EXCEPTIONS.—The Secretary may extend 

9 the period under paragraph (1) for any tribe that— 

10 ‘‘(A) has not received any satisfactory 

11 quotation in response to its request released 

12 pursuant to subsection (a)(2); or 

13 ‘‘(B) has any other satisfactory reason, as 

14 determined by the Secretary, for failure to se15 lect an investor partner. 

16 ‘‘SEC. 904. FINAL PLAN. 

17 ‘‘A final plan under this section shall— 

18 ‘‘(1) be developed by the participating tribe and 

19 the investor partner for the tribe selected pursuant 

20 to section 903(b)(1)(A); 

21 ‘‘(2) identify the qualified entity that assisted 

22 the tribe in assessing the housing needs of the tribe; 

23 ‘‘(3) set forth a detailed description of such 

24 projected housing needs, including affordable hous25 ing needs, of the tribe, which shall include— 


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1 ‘‘(A) a description of such need over the 

2 ensuing 24 months and thereafter until the ex3 piration of the ensuing 5-year period or until 

4 the affordable housing need is met, whichever 

5 occurs sooner; and 

6 ‘‘(B) the same information that would be 

7 required under section 102 to be included in an 

8 Indian housing plan for the tribe, as such re9 quirements may be modified by the Secretary to 

10 take consideration of the requirements of the 

11 demonstration program under this title; 

12 ‘‘(4) provide for specific housing activities suffi13 cient to meet the tribe’s housing needs, including af14 fordable housing needs, as identified pursuant to 

15 paragraph (3) within the periods referred to such 

16 paragraph, which shall include— 

17 ‘‘(A) development of affordable housing (as 

18 such term is defined in section 4 of this Act (25 

19 U.S.C. 4103)); 

20 ‘‘(B) development of conventional homes 

21 for rental, lease-to-own, or sale, which may be 

22 combined with affordable housing developed 

23 pursuant to subparagraph (A); 

24 ‘‘(C) development of housing infrastruc25 ture, including housing infrastructure sufficient 


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1 to serve affordable housing developed under the 

2 plan; and 

3 ‘‘(D) investments by the investor partner 

4 for the tribe, the participating tribe, members 

5 of the participating tribe, and financial institu6 tions and other outside investors necessary to 

7 provide financing for the development of hous8 ing under the plan and for mortgages for tribal 

9 members purchasing such housing; 

10 ‘‘(5) provide that the participating tribe will 

11 agree to provide long-term leases to tribal members 

12 sufficient for lease-to-own arrangements for, and 

13 sale of, the housing developed pursuant to paragraph 

14 (4); 

15 ‘‘(6) provide that the participating tribe— 

16 ‘‘(A) will be liable for delinquencies under 

17 mortgage agreements for housing developed 

18 under the plan that are financed under the plan 

19 and entered into by tribal members; and 

20 ‘‘(B) shall, upon foreclosure under such 

21 mortgages, take possession of such housing and 

22 have the responsibility for making such housing 

23 available to other tribal members; 

24 ‘‘(7) provide for sufficient protections, in the 

25 determination of the Secretary, to ensure that the 


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1 tribe and the Federal Government are not liable for 

2 the acts of the investor partner or of any contrac3 tors; 

4 ‘‘(8) provide that the participating tribe shall 

5 have sole final approval of design and location of 

6 housing developed under the plan; 

7 ‘‘(9) set forth specific deadlines and schedules 

8 for activities to be undertaken under the plan and 

9 set forth the responsibilities of the participating 

10 tribe and the investor partner; 

11 ‘‘(10) set forth specific terms and conditions of 

12 return on investment by the investor partner and 

13 other investors under the plan, and provide that the 

14 participating tribe shall pledge grant amounts allo15 cated for the tribe pursuant to title III for such re16 turn on investment; 

17 ‘‘(11) set forth the terms of a cooperative 

18 agreement on the operation and management of the 

19 current assistance housing stock and current hous20 ing stock for the tribe assisted under the preceding 

21 titles of this Act; 

22 ‘‘(12) set forth any plans for sale of affordable 

23 housing of the participating tribe under section 907 

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1 ments of section 907 regarding meeting future af2 fordable housing needs of the tribe; 

3 ‘‘(13) set forth terms for enforcement of the 

4 plan, including an agreement regarding jurisdiction 

5 of any actions under or to enforce the plan, includ6 ing a waiver of immunity; and 

7 ‘‘(14) include such other information as the 

8 participating tribe and investor partner consider ap9 propriate. 

10 ‘‘SEC. 905. HUD REVIEW AND APPROVAL OF PLAN. 

11 ‘‘(a) IN GENERAL.—Not later than the expiration of 

12 the 90-day period beginning upon a submission by an In13 dian tribe of a final plan under section 904 to the Sec14 retary, the Secretary shall— 

15 ‘‘(1) review the plan and the process by which 

16 the tribe solicited requests for quotations from inves17 tors and selected the investor partner; and 

18 ‘‘(2)(A) approve the plan, unless the Secretary 

19 determines that— 

20 ‘‘(i) the assessment of the tribe’s housing 

21 needs by the qualified entity, or as set forth in 

22 the plan pursuant to section 904(3), is inac23 curate or insufficient; 


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1 ‘‘(ii) the process established by the tribe to 

2 solicit requests for quotations and select an in3 vestor partner was insufficient or negligent; or 

4 ‘‘(iii) the plan is insufficient to meet the 

5 housing needs of the tribe, as identified in the 

6 plan pursuant to section 904(3); 

7 ‘‘(B) approve the plan, on the condition that 

8 the participating tribe and the investor make such 

9 revisions to the plan as the Secretary may specify as 

10 appropriate to meet the needs of the tribe for afford11 able housing; or 

12 ‘‘(C) disapprove the plan, only if the Secretary 

13 determines that the plan fails to meet the minimal 

14 housing standards and requirements set forth in this 

15 Act and the Secretary notifies the tribe of the ele16 ments requiring the disapproval. 

17 ‘‘(b) ACTION UPON DISAPPROVAL.— 

18 ‘‘(1) RE-SUBMISSION OF PLAN.—Subject to 

19 paragraph (2), in the case of any disapproval of a 

20 final plan of an Indian tribe pursuant to subsection 

21 (a)(3), the Secretary shall allow the tribe a period 

22 of 180 days from notification to the tribe of such 

23 disapproval to re-submit a revised plan for approval. 

24 ‘‘(2) LIMITATION.—If the final plan for an In25 dian tribe is disapproved twice and resubmitted 


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1 twice pursuant to the authority under paragraph (1) 

2 and, upon such second re-submission of the plan the 

3 Secretary disapproves the plan, the tribe may not re4 submit the plan again and shall be ineligible to par5 ticipate in the demonstration program under this 

6 title. 

7 ‘‘(c) TRIBE AUTHORITY OF HOUSING DESIGN AND

8 LOCATION.—The Secretary may not disapprove a final 

9 plan under section 904, or condition approval of such a 

10 plan, based on the design or location of any housing to 

11 be developed or assisted under the plan. 

12 ‘‘(d) FAILURE TO NOTIFY.—If the Secretary does 

13 not notify a participating tribe submitting a final plan of 

14 approval, conditional approval, or disapproval of the plan 

15 before the expiration of the period referred to in para16 graph (1), the plan shall be considered as approved for 

17 all purposes of this title. 

18 ‘‘SEC. 906. TREATMENT OF NAHASDA ALLOCATION. 

19 ‘‘Amounts otherwise allocated for a participating 

20 tribe under title III of this Act (25 U.S.C. 4151 et seq.) 

21 shall not be made available to the tribe under titles I 

22 through VIII, but shall only be available for the tribe, 

23 upon request by the tribe and approval by the Secretary, 

24 for the following purposes: 


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1 ‘‘(1) RETURN ON INVESTMENT.—Such amounts 

2 as are pledged by a participating tribe pursuant to 

3 section 904(10) for return on the investment made 

4 by the investor partner or other investors may be 

5 used by the Secretary to ensure such full return on 

6 investment. 

7 ‘‘(2) ADMINISTRATIVE EXPENSES.—The Sec8 retary may provide to a participating tribe, upon the 

9 request of a tribe, not more than 10 percent of any 

10 annual allocation made under title III for the tribe 

11 during such period for administrative costs of the 

12 tribe in completing the processes to carry out sec13 tions 903 and 904. 

14 ‘‘(3) HOUSING INFRASTRUCTURE COSTS.—A 

15 participating tribe may use such amounts for hous16 ing infrastructure costs associated with providing af17 fordable housing for the tribe under the final plan. 

18 ‘‘(4) MAINTENANCE; TENANT SERVICES.—A 

19 participating tribe may use such amounts for main20 tenance of affordable housing for the tribe and for 

21 housing services, housing management services, and 

22 crime prevention and safety activities described in 

23 paragraphs (3), (4), and (5), respectively, of section 

24 202. 


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1 ‘‘SEC. 907. RESALE OF AFFORDABLE HOUSING. 

2 ‘‘Notwithstanding any other provision of this Act, a 

3 participating tribe may, in accordance with the provisions 

4 of the final plan of the tribe approved pursuant to section 

5 905, resell any affordable housing developed with assist6 ance made available under this Act for use other than as 

7 affordable housing, but only if the tribe provides such as8 surances as the Secretary determines are appropriate to 

9 ensure that— 

10 ‘‘(1) the tribe is meeting its need for affordable 

11 housing; 

12 ‘‘(2) will provide affordable housing in the fu13 ture sufficient to meet future affordable housing 

14 needs; and 

15 ‘‘(3) will use any proceeds only to meet such fu16 ture affordable housing needs or as provided in sec17 tion 906. 

18 ‘‘SEC. 908. REPORTS, AUDITS, AND COMPLIANCE. 

19 ‘‘(a) ANNUAL REPORTS BY TRIBE.—Each partici20 pating tribe shall submit a report to the Secretary annu21 ally regarding the progress of the tribe in complying with, 

22 and meeting the deadlines and schedules set forth under 

23 the approved final plan for the tribe. Such reports shall 

24 contain such information as the Secretary shall require. 

25 ‘‘(b) REPORTS TO CONGRESS.—The Secretary shall 

26 submit a report to the Congress annually describing the 


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1 activities and progress of the demonstration program 

2 under this title, which shall— 

3 ‘‘(1) summarize the information in the reports 

4 submitted by participating tribes pursuant to sub5 section (a); 

6 ‘‘(2) identify the number of tribes that have se7 lected an investor partner pursuant to a request for 

8 quotations; 

9 ‘‘(3) include, for each tribe applying for partici10 pating in the demonstration program whose final 

11 plan was disapproved under section 905(a)(2)(C), a 

12 detailed description and explanation of the reasons 

13 for disapproval and all actions taken by the tribe to 

14 eliminate the reasons for disapproval, and identify 

15 whether the tribe has re-submitted a final plan; 

16 ‘‘(4) identify, by participating tribe, any 

17 amounts requested and approved for use under sec18 tion 906; and 

19 ‘‘(5) identify any participating tribes that have 

20 terminated participation in the demonstration pro21 gram and the circumstances of such terminations. 

22 ‘‘(c) AUDITS.—The Secretary shall provide for audits 

23 among participating tribes to ensure that the final plans 

24 for such tribes are being implemented and complied with. 

25 Such audits shall include on-site visits with participating 


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1 tribes and requests for documentation appropriate to en2 sure such compliance. 

3 ‘‘SEC. 909. TERMINATION OF TRIBAL PARTICIPATION. 

4 ‘‘(a) TERMINATION OF PARTICIPATION.—A partici5 pating tribe may terminate participation in the demonstra6 tion program under this title at any time, subject to this 

7 section. 

8 ‘‘(b) EFFECT ON EXISTING OBLIGATIONS.— 

9 ‘‘(1) NO AUTOMATIC TERMINATION.—Termi10 nation by a participating tribe in the demonstration 

11 program under this section shall not terminate any 

12 obligations of the tribe under agreements entered 

13 into under the demonstration program with the in14 vestor partner for the tribe or any other investors or 

15 contractors. 

16 ‘‘(2) AUTHORITY TO MUTUALLY TERMINATE

17 AGREEMENTS.—Nothing in this title may be con18 strued to prevent a tribe that terminates participa19 tion in the demonstration program under this sec20 tion and any party with which the tribe has entered 

21 into an agreement from mutually agreeing to termi22 nate such agreement. 

23 ‘‘(c) RECEIPT OF REMAINING GRANT AMOUNTS.— 

24 The Secretary shall provide for grants to be made in ac25 cordance with, and subject to the requirements of, this Act 


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1 for any amounts remaining after use pursuant to section 

2 906 from the allocation under title III for a participating 

3 tribe that terminates participation in the demonstration 

4 program. 

5 ‘‘(d) COSTS AND OBLIGATIONS.—The Secretary shall 

6 not be liable for any obligations or costs incurred by an 

7 Indian tribe during its participation in the demonstration 

8 program under this title. 

9 ‘‘SEC. 910. FINAL REPORT. 

10 ‘‘Not later than the expiration of the 5-year period 

11 beginning on the date of the enactment of this title, the 

12 Secretary shall submit a final report to the Congress re13 garding the effectiveness of the demonstration program, 

14 which shall include— 

15 ‘‘(1) an assessment of the success, under the 

16 demonstration program, of participating tribes in 

17 meeting their housing needs, including affordable 

18 housing needs, on tribal land; 

19 ‘‘(2) recommendations for any improvements in 

20 the demonstration program; and 

21 ‘‘(3) a determination of whether the demonstra22 tion should be expanded into a permanent program 

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1 cluding any legislative actions necessary to expand 

2 the program. 

3 ‘‘SEC. 911. DEFINITIONS. 

4 ‘‘For purposes of this title, the following definitions 

5 shall apply: 

6 ‘‘(1) AFFORDABLE HOUSING.—The term ‘af7 fordable housing’ has the meaning given such term 

8 in section 4 (25 U.S.C. 4103). 

9 ‘‘(2) HOUSING INFRASTRUCTURE.—The term 

10 ‘housing infrastructure’ means basic facilities, serv11 ices, systems, and installations necessary or appro12 priate for the functioning of a housing community, 

13 including facilities, services, systems, and installa14 tions for water, sewage, power, communications, and 

15 transportation. 

16 ‘‘(3) LONG-TERM LEASE.—The term ‘long-term 

17 lease’ means an agreement between a participating 

18 tribe and a tribal member that authorizes the tribal 

19 member to occupy a specific plot of tribal lands for 

20 50 or more years and to request renewal of the 

21 agreement at least once. 

22 ‘‘(4) PARTICIPATING TRIBES.—The term ‘par23 ticipating tribe’ means an Indian tribe for which a 

24 final plan under section 904 for participation in the 


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1 demonstration program under this title has been ap2 proved by the Secretary under section 905. 

3 ‘‘SEC. 912. NOTICE. 

4 ‘‘The Secretary shall establish any requirements and 

5 criteria as may be necessary to carry out the demonstra6 tion program under this title by notice published in the 

7 Federal Register.’’. 

8 SEC. 702. CLERICAL AMENDMENTS. 

9 The table of contents in section 1(b) is amended by 

10 inserting after the item relating to section 705 the fol11 lowing: 

‘‘TITLE VIII—HOUSING ASSISTANCE FOR NATIVE HAWAIIANS 

‘‘Sec. 801. Definitions. 

‘‘Sec. 802. Block grants for affordable housing activities. 

‘‘Sec. 803. Housing plan. 

‘‘Sec. 804. Review of plans. 

‘‘Sec. 805. Treatment of program income and labor standards. 

‘‘Sec. 806. Environmental review. 

‘‘Sec. 807. Regulations. 

‘‘Sec. 808. Effective date. 

‘‘Sec. 809. Affordable housing activities. 

‘‘Sec. 810. Eligible affordable housing activities. 

‘‘Sec. 811. Program requirements. 

‘‘Sec. 812. Types of investments. 

‘‘Sec. 813. Low-income requirement and income targeting. 

‘‘Sec. 814. Lease requirements and tenant selection. 

‘‘Sec. 815. Repayment. 

‘‘Sec. 816. Annual allocation. 

‘‘Sec. 817. Allocation formula. 

‘‘Sec. 818. Remedies for noncompliance. 

‘‘Sec. 819. Monitoring of compliance. 

‘‘Sec. 820. Performance reports. 

‘‘Sec. 821. Review and audit by Secretary. 

‘‘Sec. 822. General Accounting Office audits. 

‘‘Sec. 823. Reports to Congress. 

‘‘Sec. 824. Authorization of appropriations. 

‘‘TITLE IX —DEMONSTRATION PROGRAM FOR ALTERNATIVE 

PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 

‘‘Sec. 901. Authority. 

‘‘Sec. 902. Participating tribes. 


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‘‘Sec. 903. Request for quotes and selection of investor partner. 

‘‘Sec. 904. Final plan. 

‘‘Sec. 905. HUD review and approval of plan. 

‘‘Sec. 906. Treatment of NAHASDA allocation. 

‘‘Sec. 907. Resale of affordable housing. 

‘‘Sec. 908. Reports, audits, and compliance. 

‘‘Sec. 909. Termination of tribal participation. 

‘‘Sec. 910. Final report. 

‘‘Sec. 911. Definitions. 

‘‘Sec. 912. Notice.’’. 

1 TITLE VIII—HOUSING FOR 

2 NATIVE HAWAIIANS 

3 SEC. 801. REAUTHORIZATION OF NATIVE HAWAIIAN HOME4 OWNERSHIP ACT. 

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

6 ‘‘such sums as may be necessary’’ and all that follows 

7 through the period at the end and inserting ‘‘$13,000,000 

8 for each of fiscal years 2015 through 2019.’’. 

9 SEC. 802. REAUTHORIZATION OF LOAN GUARANTEES FOR 

10 NATIVE HAWAIIAN HOUSING. 

11 Section 184A(j)(5) of the Housing and Community 

12 Development Act of 1992 (12 U.S.C. 1715z–13b(j)(5)) is 

13 amended— 

14 (1) in subparagraph (B), by inserting after the 

15 period at the end of the first sentence the following: 

16 ‘‘There are authorized to be appropriated for such 

17 costs $386,000 for each of fiscal years 2015 through 

18 2019.’’; and 

19 (2) in subparagraph (C), by striking ‘‘for each 

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1 riod at the end and inserting ‘‘for each of fiscal 

2 years 2015 through 2019 with an aggregate out3 standing principal amount not exceeding 

4 $41,504,000 for each such fiscal year.’’. 

Æ 


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