I 

113TH CONGRESS 

2D SESSION H. R. 4277 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2014 

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

Washington, Ms. HANABUSA, and Mr. KILDEE) 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 2014’’. 

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. 

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 


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Sec. 101. Block grants. 

Sec. 102. Indian housing plans. 

Sec. 103. Treatment of labor standards. 

Sec. 104. Environmental review. 

Sec. 105. Failure to act 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. Eligible affordable housing activities. 

Sec. 203. Program requirements. 

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

Sec. 205. Lease requirements and tenant selection. 

Sec. 206. Tribal coordination of agency funding. 

TITLE III—ALLOCATION OF GRANT AMOUNTS 

Sec. 301. Authorization of appropriations. 

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. Public and Assisted Housing Drug Elimination Act of 1990. 

Sec. 503. 50-year leasehold interest in trust or restricted lands for housing purposes. 

Sec. 504. Training and technical assistance. 

Sec. 505. Loan guarantees for Indian housing. 

Sec. 506. Loan guarantees for Native Hawaiian housing. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Reauthorization of Native Hawaiian Homeownership Act. 

Sec. 602. Native hiring and appointment in HUD Office of Native American 

Programs. 

Sec. 603. Lands Title Report Commission. 

Sec. 604. Limitation on use of funds for Cherokee Nation. 

Sec. 605. Clerical amendment. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Native American Housing 


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

2 4101 et seq.). 

3 TITLE I—BLOCK GRANTS AND 

4 GRANT REQUIREMENTS 

5 SEC. 101. BLOCK GRANTS. 

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

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

8 at the end the following: ‘‘If the Secretary fails to 

9 act on a waiver request submitted under this sub10 section by a recipient within 60 days after receipt of 

11 such request, the waiver request shall be deemed ap12 proved.’’; 

13 (2) in subsection (j), by striking ‘‘section 501 of 

14 title 40,’’ and inserting ‘‘title 40 of the’’; and 

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

17 SEC. 102. INDIAN HOUSING PLANS. 

18 Section 102(a)(1)(B) (25 U.S.C. 4112(a)(1)(B)) is 

19 amended by inserting before the semicolon the following: 

20 ‘‘, except that the Secretary may grant a waiver of the 

21 submission requirements upon meeting certain factors to 

22 be set out by regulation, and provided further that a re23 quest for such waiver shall be deemed approved if the Sec24 retary does not act on such request within 60 days of re25 ceipt’’. 


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1 SEC. 103. TREATMENT OF LABOR STANDARDS. 

2 Section 104(b)(3) (25 U.S.C. 4114(b)(3)) is amended 

3 by adding after the period at the end the following: ‘‘Not4 withstanding any other provision of law, tribally deter5 mined wages adopted in accordance with this paragraph 

6 shall apply to the administration of all Federal funding 

7 for projects funded in whole or in part by funds provided 

8 under this Act.’’. 

9 SEC. 104. 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 ‘‘If the Secretary fails to act on a waiver request sub17 mitted under this subsection by a recipient within 60 days 

18 after receipt of such request, the waiver shall be deemed 

19 approved.’’; and 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW

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

24 sources of Federal funds in addition to grant amounts 

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

26 an affordable housing activity under section 202 and the 


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1 recipient’s tribe has assumed all of the responsibilities for 

2 environmental review, decisionmaking, and action pursu3 ant to this section, the recipient’s compliance with the Na4 tional Environmental Policy Act of 1969 review require5 ments under this section with regard to such project shall 

6 be deemed to fully comply with and discharge any applica7 ble environmental review requirements that might apply 

8 to the use of such additional Federal funding sources for 

9 that project.’’. 

10 SEC. 105. FAILURE TO ACT ON REQUEST FOR APPROVAL 

11 REGARDING EXCEEDING TDC MAXIMUM COST 

12 FOR PROJECT. 

13 A request for approval by the Secretary of Housing 

14 and Urban Development to exceed by more than 10 per15 cent the total development cost maximum cost for a 

16 project shall be deemed to be approved if the Secretary 

17 fails to take action on the request during the 60-day pe18 riod that begins on the date that the Secretary receives 

19 the request. 

20 TITLE II—AFFORDABLE 

21 HOUSING ACTIVITIES 

22 SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

23 Paragraph (6) of section 201(b) (25 U.S.C. 

24 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. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. 

7 Section 202(9)(A) (25 U.S.C. 4132(9)(A)) is amend8 ed— 

9 (1) by striking ‘‘only’’; 

10 (2) by striking ‘‘administration and planning 

11 related to’’; and 

12 (3) by inserting ‘‘including administration and 

13 planning,’’ after ‘‘section,’’. 

14 SEC. 203. PROGRAM REQUIREMENTS. 

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

16 (1) in subsection (a)— 

17 (A) in paragraph (1), by striking ‘‘para18 graph (2)’’ and inserting ‘‘paragraphs (2) and 

19 (3)’’; and 

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

21 paragraph: 

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

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

24 written policy governing rents and homebuyer pay25 ments charged for dwelling units and such policy 


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1 does not include a provision governing maximum 

2 rents or homebuyer payments.’’; 

3 (2) in subsection (c), by striking ‘‘or assisted 

4 with’’ and inserting ‘‘by a recipient’’; and 

5 (3) in subsection (e), by striking ‘‘assisted 

6 with’’ and inserting ‘‘units that are owned or oper7 ated by a recipient using’’. 

8 SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TAR9 GETING. 

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

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) in subparagraph (C), by striking 

14 ‘‘and’’ at the end; 

15 (ii) in subparagraph (D), by striking 

16 the period at the end and inserting ‘‘; 

17 and’’; and 

18 (iii) by adding at the end the fol19 lowing new subsection: 

20 ‘‘(E) notwithstanding any other provision 

21 of this paragraph, in the case of rental housing 

22 that is made available to a current rental ten23 ant for conversion to a homebuyer or a lease24 purchase unit, that the current rental tenant 

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1 purchase agreement, or any other sales agree2 ment, is made available for occupancy only by 

3 a family that is a low-income family at the time 

4 of their initial occupancy of such unit; and’’; 

5 and 

6 (B) in paragraph (2)— 

7 (i) by striking ‘‘satisfactory to the 

8 Secretary’’ and inserting ‘‘in such form as 

9 the Secretary shall, by regulation, re10 quire’’; and 

11 (ii) by striking ‘‘Secretary)’’ and in12 serting ‘‘recipient)’’; and 

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

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

15 paragraph regarding binding commitments for the 

16 remaining useful life of the property shall not apply 

17 to improvements of privately owned homes if the 

18 cost of such improvements do not exceed 10 percent 

19 of the maximum total development cost for such 

20 home.’’. 

21 SEC. 205. LEASE REQUIREMENTS AND TENANT SELECTION. 

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

23 at the end the following new subsection: 

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

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


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1 housing that is assisted in part with amounts provided 

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

3 of Federal funds shall only utilize leases that require a 

4 notice period for the termination of the lease pursuant to 

5 subsection (a)(3).’’. 

6 SEC. 206. TRIBAL COORDINATION OF AGENCY FUNDING. 

7 Subtitle A of title II (25 U.S.C. 4131 et seq.) is 

8 amended by adding at the end the following new section: 

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

10 ‘‘Notwithstanding any other provision of law, a re11 cipient authorized to receive funding under this Act may, 

12 in its discretion, use funding from the Indian Health Serv13 ice of the Department of Health and Human Services for 

14 construction of sanitation facilities for housing construc15 tion and renovation projects that are funded in part by 

16 funds provided under this Act.’’. 

17 TITLE III—ALLOCATION OF 

18 GRANT AMOUNTS 

19 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

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

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

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

23 ‘‘$650,000,000 for each of fiscal years 2015 through 

24 2019’’. 


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1 TITLE IV—AUDITS AND REPORTS 

2 SEC. 401. REVIEW AND AUDIT BY SECRETARY. 

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

4 adding at the end the following new paragraph: 

5 ‘‘(3) FAILURE TO ISSUE FINAL REPORT.—The 

6 Secretary shall issue a final report within 60 days 

7 after receiving comments under paragraph (1) from 

8 a recipient.’’. 

9 SEC. 402. REPORTS TO CONGRESS. 

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

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

12 and inserting ‘‘Committee on Financial Services and 

13 the Committee on Natural Resources of the House 

14 of Representatives, to the Committee on Indian Af15 fairs and the Committee on Banking, Housing, and 

16 Urban Affairs of the Senate, and to any subcommit17 tees of such committees having jurisdiction with re18 spect to Native American and Alaska Native af19 fairs,’’; and 

20 (2) by adding at the end the following new sub21 section: 

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

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

24 publicly available to recipients.’’. 


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

4 SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING 

5 PROGRAM FOR NATIVE AMERICAN VET6 ERANS. 

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

8 Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend9 ed by adding at the end the following new subparagraph: 

10 ‘‘(D) NATIVE AMERICAN VETERANS.— 

11 ‘‘(i) AUTHORITY.—Of the funds made 

12 available for rental assistance under this 

13 subsection for fiscal year 2015 and each 

14 fiscal year thereafter, the Secretary shall 

15 set aside 0.1 percent for a supported hous16 ing and rental assistance program modeled 

17 on the HUD-Veterans Affairs Supportive 

18 Housing (HUD–VASH) program, to be 

19 administered in conjunction with the De20 partment of Veterans Affairs, for the ben21 efit of homeless Native American veterans 

22 and veterans at risk of homelessness. 

23 ‘‘(ii) RECIPIENTS.—Such rental as24 sistance shall be made available to recipi25 ents eligible to receive block grants under 


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1 the Native American Housing Assistance 

2 and Self-Determination Act of 1996 (25 

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

4 ‘‘(iii) FUNDING CRITERIA.—Funds 

5 shall be awarded based on need, adminis6 trative capacity, and any other funding cri7 teria established by the Secretary in a no8 tice published in the Federal Register, 

9 after consultation with the Secretary of 

10 Veterans Affairs, by a date sufficient to 

11 provide for implementation of the program 

12 under this subparagraph in accordance 

13 with clause (i). 

14 ‘‘(iv) PROGRAM REQUIREMENTS.— 

15 Such funds shall be administered by block 

16 grant recipients in accordance with pro17 gram requirements under Native American 

18 Housing Assistance and Self-Determina19 tion Act of 1996 in lieu of program re20 quirements under this Act. 

21 ‘‘(v) WAIVER.—The Secretary may 

22 waive, or specify alternative requirements 

23 for any provision of any statute or regula24 tion that the Secretary administers in con25 nection with the use of funds made availVerDate Mar 15 2010 23:40 Mar 21, 2014 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4277.IH H4277

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1 able under this subparagraph, but only 

2 upon a finding by the Secretary that such 

3 waiver or alternative requirement is nec4 essary to promote administrative efficiency, 

5 eliminate delay, consolidate or eliminate 

6 duplicative or ineffective requirements or 

7 criteria, or otherwise provide for the effec8 tive delivery and administration of such 

9 supportive housing assistance to Native 

10 American veterans. 

11 ‘‘(vi) CONSULTATION.—The Secretary 

12 and the Secretary of Veterans Affairs shall 

13 jointly consult with block grant recipients 

14 and any other appropriate tribal organiza15 tions to— 

16 ‘‘(I) ensure that block grant re17 cipients administering funds made 

18 available under the program under 

19 this subparagraph are able to effec20 tively coordinate with providers of 

21 supportive services provided in con22 nection with such program; and 

23 ‘‘(II) ensure the effective delivery 

24 of supportive services to Native Amer25 ican veterans that are homeless or at 


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1 risk of homelessness eligible to receive 

2 assistance under this subparagraph. 

3 Consultation pursuant to this clause shall 

4 be completed by a date sufficient to pro5 vide for implementation of the program 

6 under this subparagraph in accordance 

7 with clause (i). 

8 ‘‘(vii) RULEMAKING.—The first nego9 tiated rulemaking committee established 

10 pursuant to subchapter III of chapter 5 of 

11 title 5, United States Code, for rulemaking 

12 relating to the Native American Housing 

13 Assistance and Self-Determination Act of 

14 1996, or any amendments to such Act, but 

15 that is not established to consider matters 

16 relating to the allocation formula under 

17 section 302 of such Act (25 U.S.C. 4152), 

18 shall review the requirements and criteria 

19 for the supported housing and rental as20 sistance program under this subparagraph 

21 and may report to the Secretary a pro22 posed rule revising such requirements and 

23 criteria.’’. 


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1 SEC. 502. PUBLIC AND ASSISTED HOUSING DRUG ELIMI2 NATION ACT OF 1990. 

3 Section 5124(a) of the Public and Assisted Housing 

4 Drug Elimination Act of 1990 (42 U.S.C. 11903(a)) is 

5 amended— 

6 (1) in paragraph (7), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (8), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

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

11 paragraph: 

12 ‘‘(9) the physical clean-up and remediation of 

13 structures and related infrastructure damaged and 

14 rendered unfit for human habitation or other use 

15 due to the previous conduct of methamphetamine-re16 lated activities in such structures.’’. 

17 SEC. 503. 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 ‘‘, whether enacted before, on, or after the 

21 date of the enactment of this section’’ after ‘‘law,’’. 

22 SEC. 504. TRAINING AND TECHNICAL ASSISTANCE. 

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

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1 priated pursuant to section 108, the Secretary may 

2 use such sums as may be necessary for’’; and 

3 (2) by striking ‘‘such sums as may be necessary 

4 for each of fiscal years 2009 through 2013’’. 

5 SEC. 505. LOAN GUARANTEES FOR INDIAN HOUSING. 

6 Section 184(i)(5) of the Housing and Community De7 velopment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

8 amended— 

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

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

11 ‘‘There are authorized to be appropriated for such 

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

13 through 2019.’’; and 

14 (2) in subparagraph (5)— 

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

16 inserting ‘‘2015 through 2019’’; and 

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

18 provided in appropriation Acts for’’ and insert19 ing ‘‘$976,000,000 for each’’. 

20 SEC. 506. LOAN GUARANTEES FOR NATIVE HAWAIIAN 

21 HOUSING. 

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

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

24 amended— 


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

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

3 ‘‘There are authorized to be appropriated for such 

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

5 2019.’’; and 

6 (2) in subparagraph (5), by striking ‘‘for each 

7 of fiscal years’’ and all that follows through the pe8 riod at the end and inserting ‘‘for each of fiscal 

9 years 2015 through 2019 with an aggregate out10 standing principal amount not exceeding 

11 $41,504,000 for each such fiscal year.’’. 

12 TITLE VI—MISCELLANEOUS 

13 SEC. 601. REAUTHORIZATION OF NATIVE HAWAIIAN HOME14 OWNERSHIP ACT. 

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

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

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

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

19 SEC. 602. NATIVE HIRING AND APPOINTMENT IN HUD OF20 FICE OF NATIVE AMERICAN PROGRAMS. 

21 Section 3 (25 U.S.C. 4102) is amended— 

22 (1) by designating the first sentence as sub23 section (a); and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(b) NATIVE HIRING AND APPOINTMENT.—The Sec2 retary shall develop and implement a policy that promotes 

3 increased hiring and appointment of Indians and Native 

4 Hawaiians (as such term is defined in section 801) to va5 cancies in any positions in the Department of Housing and 

6 Urban Development’s Office of Native American Pro7 grams that involve the administration of functions or serv8 ices affecting Indians or Native Hawaiians.’’. 

9 SEC. 603. LANDS TITLE REPORT COMMISSION. 

10 Section 501 of the American Homeownership and 

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

12 is amended— 

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

14 sums being provided in advance in appropriations 

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

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

17 and inserting ‘‘the Native American Housing Assist18 ance and Self-Determination Reauthorization Act of 

19 2014’’. 

20 SEC. 604. LIMITATION ON USE OF FUNDS FOR CHEROKEE 

21 NATION. 

22 Section 801 of the Native American Housing Assist23 ance and Self-Determination Reauthorization Act of 2008 

24 (Public Law 110–411) is amended by striking ‘‘Tem25 porary Order and Temporary Injunction issued on May 


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1 14, 2007, by the District Court of the Cherokee Nation’’ 

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

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

4 SEC. 605. CLERICAL AMENDMENT. 

5 The table of contents in section 1(b) of the Native 

6 American Housing Assistance and Self-Determination Act 

7 of 1996 (25 U.S.C. 4101 note) is amended by striking 

8 the item relating to section 206 (treatment of funds). 

Æ 


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