IB 

Union Calendar No. 468 

113TH CONGRESS 

2D SESSION H. R. 4329 

[Report No. 113–628] 

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2014 

Mr. PEARCE (for himself and Mr. COLE) introduced the following bill; which 

was referred to the Committee on Financial Services 

NOVEMBER 20, 2014 

Additional sponsor: Mr. AMODEI

NOVEMBER 20, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on March 27, 2014] 


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A BILL 

To reauthorize the Native American Housing Assistance and 

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


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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 ‘‘Na5 tive American Housing Assistance and Self-Determination 

6 Reauthorization Act of 2014’’. 

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

8 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

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. 


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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. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of the Native American Housing Assistance 

7 and Self-Determination Act of 1996 (25 U.S.C. 4101 et 

8 seq.). 

9 TITLE I—BLOCK GRANTS AND 

10 GRANT REQUIREMENTS 

11 SEC. 101. BLOCK GRANTS. 

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

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

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

15 upon a waiver request submitted under this sub16 section by a recipient within 60 days after receipt of 

17 such request.’’; and 

18 (2) in subsection (k), by striking ‘‘1’’ and insert19 ing ‘‘an’’. 


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1 SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS TO 

2 ANNUAL INDIAN HOUSING PLAN REQUIRE3 MENT. 

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

5 beginning on the date of the enactment of this Act and after 

6 consultation with Indian tribes, tribally designated housing 

7 entities, and other interested parties, the Secretary of Hous8 ing and Urban Development shall submit to the Congress 

9 recommendations for standards and procedures for waiver 

10 of, or alternative requirements (which may include multi11 year housing plans) for, the requirement under section 

12 102(a) of the Native American Housing Assistance and 

13 Self-Determination Act of 1996 (25 U.S.C. 4112(a)) for an14 nual submission of one-year housing plans for an Indian 

15 tribe. Such recommendations shall include a description of 

16 any legislative and regulatory changes necessary to imple17 ment such recommendations. 

18 SEC. 103. ENVIRONMENTAL REVIEW. 

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

20 (1) in subsection (d)— 

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

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

23 (B) by adding after and below paragraph 

24 (4) the following: 


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

2 under this subsection by a recipient within 60 days after 

3 receipt of such request.’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW RE7 QUIREMENTS.—If a recipient is using one or more sources 

8 of Federal funds in addition to grant amounts under this 

9 Act in carrying out a project that qualifies as an affordable 

10 housing activity under section 202, such other sources of 

11 Federal funds do not exceed 49 percent of the total cost of 

12 the project, and the recipient’s tribe has assumed all of the 

13 responsibilities for environmental review, decisionmaking, 

14 and action pursuant to this section, the tribe’s compliance 

15 with the review requirements under this section and the Na16 tional Environmental Policy Act of 1969 with regard to 

17 such project shall be deemed to fully comply with and dis18 charge any applicable environmental review requirements 

19 that might apply to Federal agencies with respect to the 

20 use of such additional Federal funding sources for that 

21 project.’’. 


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1 SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR AP2 PROVAL REGARDING EXCEEDING TDC MAX3 IMUM COST FOR PROJECT. 

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

5 amended by adding at the end the following new subsection: 

6 ‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EXCEED

7 TDC MAXIMUM.—A request for approval by the Secretary 

8 of Housing and Urban Development to exceed by more than 

9 10 percent the total development cost maximum cost for a 

10 project shall be approved or denied during the 60-day pe11 riod that begins on the date that the Secretary receives the 

12 request.’’. 

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

14 amended— 

15 (1) by redesignating paragraph (22) as para16 graph (23); and 

17 (2) by inserting after paragraph (21) the fol18 lowing new paragraph: 

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

20 ‘total development cost’ means, with respect to a hous21 ing project, the sum of all costs for the project, includ22 ing all undertakings necessary for administration, 

23 planning, site acquisition, demolition, construction or 

24 equipment and financing (including payment of car25 rying charges), and for otherwise carrying out the de26 velopment of the project, excluding off-site water and 


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1 sewer. The total development cost amounts shall be 

2 based on a moderately designed house and determined 

3 by averaging the current construction costs as listed 

4 in not less than two nationally recognized residential 

5 construction cost indices.’’. 

6 TITLE II—AFFORDABLE 

7 HOUSING ACTIVITIES 

8 SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

9 The second paragraph (6) of section 201(b) (25 U.S.C. 

10 4131(b)(6); relating to exemption) is amended— 

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

12 ‘‘1964,’’; and 

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

14 and section 3 of the Housing and Urban Development 

15 Act of 1968’’. 

16 SEC. 202. PROGRAM REQUIREMENTS. 

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

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

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

20 (2) by adding at the end the following new para21 graph: 

22 ‘‘(3) APPLICATION OF TRIBAL POLICIES.—Para23 graph (2) shall not apply if the recipient has a writ24 ten policy governing rents and homebuyer payments 

25 charged for dwelling units and such policy includes a 


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1 provision governing maximum rents or homebuyer 

2 payments.’’; 

3 SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN4 COME REQUIREMENT AND INCOME TAR5 GETING. 

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

7 (1) in subsection (a)(1)— 

8 (A) in subparagraph (C), by striking ‘‘and’’ 

9 at the end; and 

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

11 subparagraph: 

12 ‘‘(E) notwithstanding any other provision 

13 of this paragraph, in the case of rental housing 

14 that is made available to a current rental family 

15 for conversion to a homebuyer or a lease-pur16 chase unit, that the current rental family can 

17 purchase through a contract of sale, lease-pur18 chase agreement, or any other sales agreement, is 

19 made available for purchase only by the current 

20 rental family, if the rental family was a low-in21 come family at the time of their initial occu22 pancy of such unit; and’’; and 

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

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

25 paragraph regarding binding commitments for the reVerDate Sep 11 2014 20:16 Nov 20, 2014 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4329.RH H4329

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1 maining useful life of the property shall not apply to 

2 improvements of privately owned homes if the cost of 

3 such improvements do not exceed 10 percent of the 

4 maximum total development cost for such home.’’. 

5 SEC. 204. LEASE REQUIREMENTS AND TENANT SELECTION. 

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

7 at the end the following new subsection: 

8 ‘‘(c) NOTICE OF TERMINATION.—Notwithstanding any 

9 other provision of law, the owner or manager of rental hous10 ing that is assisted in part with amounts provided under 

11 this Act and in part with one or more other sources of Fed12 eral funds shall only utilize leases that require a notice pe13 riod for the termination of the lease pursuant to subsection 

14 (a)(3).’’. 

15 SEC. 205. TRIBAL COORDINATION OF AGENCY FUNDING. 

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

17 4131 et seq.) is amended by adding at the end the following 

18 new section: 

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

20 ‘‘Notwithstanding any other provision of law, a recipi21 ent authorized to receive funding under this Act may, in 

22 its discretion, use funding from the Indian Health Service 

23 of the Department of Health and Human Services for con24 struction of sanitation facilities for housing construction 


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1 and renovation projects that are funded in part by funds 

2 provided under this Act.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents in 

4 section 1(b) is amended by inserting after the item relating 

5 to section 210 the following new item: 

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

6 TITLE III—ALLOCATION OF 

7 GRANT AMOUNTS 

8 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

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

10 amended by striking ‘‘such sums as may be necessary for 

11 each of fiscal years 2009 through 2013’’ and inserting 

12 ‘‘$650,000,000 for each of fiscal years 2014 through 2018’’. 

13 SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT 

14 AMOUNTS ON ANNUAL ALLOCATIONS. 

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

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

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

18 ANNUAL ALLOCATIONS. 

19 ‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED

20 GRANT AMOUNTS.—Subject to subsection (d) of this section, 

21 if as of January 1 of 2015 or any year thereafter a recipi22 ent’s total amount of undisbursed block grants in the De23 partment’s line of credit control system is greater than three 

24 times the formula allocation such recipient would otherwise 


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1 receive under this Act for the fiscal year during which such 

2 January 1 occurs, the Secretary shall— 

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

4 Indian tribe allocated the grant amounts and any 

5 tribally designated housing entity for the tribe of the 

6 undisbursed funds; and 

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

8 later than 30 days after the Secretary provides notifi9 cation pursuant to paragraph (1)— 

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

11 reasons why the recipient has not requested the 

12 disbursement of such amounts; and 

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

14 Secretary that the recipient has the capacity to 

15 spend Federal funds in an effective manner, 

16 which demonstration may include evidence of the 

17 timely expenditure of amounts previously dis18 tributed under this Act to the recipient. 

19 ‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sections 

20 301 and 302, the allocation for such fiscal year for a recipi21 ent described in subsection (a) shall be the amount initially 

22 calculated according to the formula minus the difference be23 tween the recipient’s total amount of undisbursed block 

24 grants in the Department’s line of credit control system on 


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1 such January 1 and three times the initial formula amount 

2 for such fiscal year. 

3 ‘‘(c) REALLOCATION.—Notwithstanding any other pro4 vision of law, any grant amounts not allocated to a recipi5 ent pursuant to subsection (b) shall be allocated under the 

6 need component of the formula proportionately amount all 

7 other Indian tribes not subject to such an adjustment. 

8 ‘‘(d) INAPPLICABILITY.—Subsections (a) and (b) shall 

9 not apply to an Indian tribe with respect to any fiscal year 

10 for which the amount allocated for the tribe for block grants 

11 under this Act is less than $5,000,000. 

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

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

14 be construed to confer hearing rights under this or any other 

15 section of this Act.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents in 

17 section 1(b) is amended by inserting after the item relating 

18 to section 302 the following new item: 

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

19 TITLE IV—AUDITS AND REPORTS 

20 SEC. 401. REVIEW AND AUDIT BY SECRETARY. 

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

22 adding at the end the following new paragraph: 

23 ‘‘(3) ISSUANCE OF FINAL REPORT.—The Sec24 retary shall issue a final report within 60 days after 


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1 receiving comments under paragraph (1) from a re2 cipient.’’. 

3 SEC. 402. REPORTS TO CONGRESS. 

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

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

6 inserting ‘‘Committee on Financial Services and the 

7 Committee on Natural Resources of the House of Rep8 resentatives, to the Committee on Indian Affairs and 

9 the Committee on Banking, Housing, and Urban Af10 fairs of the Senate, and to any subcommittees of such 

11 committees having jurisdiction with respect to Native 

12 American and Alaska Native affairs,’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(c) PUBLIC AVAILABILITY TO RECIPIENTS.—Each re16 port submitted pursuant to subsection (a) shall be made 

17 publicly available to recipients.’’. 

18 TITLE V—OTHER HOUSING AS19 SISTANCE FOR NATIVE AMER20 ICANS 

21 SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE HOUSING 

22 PROGRAM FOR NATIVE AMERICAN VETERANS. 

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

24 Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended 

25 by adding at the end the following new subparagraph: 


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1 ‘‘(D) NATIVE AMERICAN VETERANS.— 

2 ‘‘(i) AUTHORITY.—Of the funds made 

3 available for rental assistance under this 

4 subsection for fiscal year 2015 and each fis5 cal year thereafter, the Secretary shall set 

6 aside 5 percent for a supported housing and 

7 rental assistance program modeled on the 

8 HUD–Veterans Affairs Supportive Housing 

9 (HUD–VASH) program, to be administered 

10 in conjunction with the Department of Vet11 erans Affairs, for the benefit of homeless Na12 tive American veterans and veterans at risk 

13 of homelessness. 

14 ‘‘(ii) RECIPIENTS.—Such rental assist15 ance shall be made available to recipients 

16 eligible to receive block grants under the Na17 tive American Housing Assistance and Self18 Determination Act of 1996 (25 U.S.C. 4101 

19 et seq.). 

20 ‘‘(iii) FUNDING CRITERIA.—Funds 

21 shall be awarded based on need, administra22 tive capacity, and any other funding cri23 teria established by the Secretary in a no24 tice published in the Federal Register, after 

25 consultation with the Secretary of Veterans 


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1 Affairs, by a date sufficient to provide for 

2 implementation of the program under this 

3 subparagraph in accordance 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-Determination 

9 Act of 1996 in lieu of program requirements 

10 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 this 

9 subparagraph are able to effectively co10 ordinate with providers of supportive 

11 services provided in connection with 

12 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 provide 

20 for implementation of the program under 

21 this subparagraph in accordance with 

22 clause (i). 

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

24 establish the requirements and criteria for 

25 the supported housing and rental assistance 


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1 program under this subparagraph by notice 

2 published in the Federal Register, but shall 

3 provide Indian tribes and tribally des4 ignated housing agencies an opportunity for 

5 comment and consultation before publica6 tion of a final notice pursuant to this 

7 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 2014 through 

16 2018.’’; and 

17 (2) in subparagraph (C)— 

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

19 inserting ‘‘2014 through 2018’’; 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 Eco4 nomic Opportunity Act of 2000 (25 U.S.C. 4043 note) is 

5 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 2014’’. 

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 ‘‘Temporary 

18 Order and Temporary Injunction issued on May 14, 2007, 

19 by the District Court of the Cherokee Nation’’ and inserting 

20 ‘‘Order issued September 21, 2011, by the Federal District 

21 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 enactment 

3 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 authority 

24 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 hous5 ing to meet the needs of tribal members. 

6 ‘‘(b) INAPPLICABILITY OF NAHASDA PROVISIONS.— 

7 Except as specifically provided otherwise in this title, titles 

8 I through IV, VI, and VII shall not apply to a participating 

9 tribe’s use of funds during any period that the tribe is par10 ticipating in the demonstration program under this title. 

11 ‘‘(c) CONTINUED APPLICABILITY OF CERTAIN

12 NAHASDA PROVISIONS.—The following provisions of titles 

13 I through VIII shall apply to the demonstration program 

14 under this title and amounts made available under the dem15 onstration program under this title: 

16 ‘‘(1) Subsections (d) and (e) of section 101 (re17 lating to tax exemption). 

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

19 sources). 

20 ‘‘(3) Section 101(k) (relating to tribal preference 

21 in employment and contracting). 

22 ‘‘(4) Section 104 (relating to treatment of pro23 gram income and labor standards). 

24 ‘‘(5) Section 105 (relating to environmental re25 view). 


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1 ‘‘(6) Section 201(b) (relating to eligible families), 

2 except as otherwise provided in this title. 

3 ‘‘(7) Section 203(g) (relating to a de minimis ex4 emption for procurement of goods and services). 

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

6 interests in trust or restricted lands for housing pur7 poses). 

8 ‘‘SEC. 902. PARTICIPATING TRIBES. 

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

10 participate in the demonstration program under this title, 

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

12 intention to participate during the 60-day period beginning 

13 on the date of the enactment of this title, in such form and 

14 such manner as the Secretary shall provide. 

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

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

17 participation in the demonstration program under this 

18 title, the Secretary shall enter into a cooperative agreement 

19 with the participating tribe that provides such tribe with 

20 the authority to carry out activities under the demonstra21 tion program. 

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

23 more than 20 Indian tribes for participation in the dem24 onstration program under this title. 


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1 ‘‘SEC. 903. REQUEST FOR QUOTES AND SELECTION OF IN2 VESTOR PARTNER. 

3 ‘‘(a) REQUEST FOR QUOTES.—Not later than the expi4 ration of the 180-day period beginning upon notification 

5 to the Secretary by an Indian tribe of intention to partici6 pate in the demonstration program under this title, the In7 dian tribe shall— 

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

9 assessing the housing needs, including the affordable 

10 housing needs, of the tribe; and 

11 ‘‘(2) release a request for quotations from entities 

12 interested in partnering with the tribe in designing 

13 and carrying out housing activities sufficient to meet 

14 the tribe’s housing needs as identified pursuant to 

15 paragraph (1). 

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

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), not later than the expiration of the 18- 

19 month period beginning on the date of the enactment 

20 of this title, an Indian tribe requesting to participate 

21 in the demonstration program under this title shall— 

22 ‘‘(A) select an investor partner from among 

23 the entities that have responded to the tribe’s re24 quest for quotations; and 


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1 ‘‘(B) together with such investor partner, es2 tablish and submit to the Secretary a final plan 

3 that meets the requirements under section 904. 

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

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

6 ‘‘(A) has not received any satisfactory 

7 quotation in response to its request released pur8 suant to subsection (a)(2); or 

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

10 determined by the Secretary, for failure to select 

11 an investor partner. 

12 ‘‘SEC. 904. FINAL PLAN. 

13 ‘‘A final plan under this section shall— 

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

15 the investor partner for the tribe selected pursuant to 

16 section 903(b)(1)(A); 

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

18 tribe in assessing the housing needs of the tribe; 

19 ‘‘(3) set forth a detailed description of such pro20 jected housing needs, including affordable housing 

21 needs, of the tribe, which shall include— 

22 ‘‘(A) a description of such need over the en23 suing 24 months and thereafter until the expira24 tion of the ensuing 5-year period or until the afVerDate Sep 11 2014 20:16 Nov 20, 2014 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H4329.RH H4329

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1 fordable housing need is met, whichever occurs 

2 sooner; and 

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

4 required under section 102 to be included in an 

5 Indian housing plan for the tribe, as such re6 quirements may be modified by the Secretary to 

7 take consideration of the requirements of the 

8 demonstration program under this title; 

9 ‘‘(4) provide for specific housing activities suffi10 cient to meet the tribe’s housing needs, including af11 fordable housing needs, as identified pursuant to 

12 paragraph (3) within the periods referred to such 

13 paragraph, which shall include— 

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

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

16 U.S.C. 4103)); 

17 ‘‘(B) development of conventional homes for 

18 rental, lease-to-own, or sale, which may be com19 bined with affordable housing developed pursu20 ant to subparagraph (A); 

21 ‘‘(C) development of housing infrastructure, 

22 including housing infrastructure sufficient to 

23 serve affordable housing developed under the 

24 plan; and 


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1 ‘‘(D) investments by the investor partner for 

2 the tribe, the participating tribe, members of the 

3 participating tribe, and financial institutions 

4 and other outside investors necessary to provide 

5 financing for the development of housing under 

6 the plan and for mortgages for tribal members 

7 purchasing such housing; 

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

9 agree to provide long-term leases to tribal members 

10 sufficient for lease-to-own arrangements for, and sale 

11 of, the housing developed pursuant to paragraph (4); 

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

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

14 mortgage agreements for housing developed under 

15 the plan that are financed under the plan and 

16 entered into by tribal members; and 

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

18 mortgages, take possession of such housing and 

19 have the responsibility for making such housing 

20 available to other tribal members; 

21 ‘‘(7) provide for sufficient protections, in the de22 termination of the Secretary, to ensure that the tribe 

23 and the Federal Government are not liable for the 

24 acts of the investor partner or of any contractors; 


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

2 have sole final approval of design and location of 

3 housing developed under the plan; 

4 ‘‘(9) set forth specific deadlines and schedules for 

5 activities to be undertaken under the plan and set 

6 forth the responsibilities of the participating tribe 

7 and the investor partner; 

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

9 return on investment by the investor partner and 

10 other investors under the plan, and provide that the 

11 participating tribe shall pledge grant amounts allo12 cated for the tribe pursuant to title III for such re13 turn on investment; 

14 ‘‘(11) set forth the terms of a cooperative agree15 ment on the operation and management of the current 

16 assistance housing stock and current housing stock for 

17 the tribe assisted under the preceding titles of this 

18 Act; 

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

20 housing of the participating tribe under section 907 

21 and, if included, plans sufficient to meet the require22 ments of section 907 regarding meeting future afford23 able housing needs of the tribe; 

24 ‘‘(13) set forth terms for enforcement of the plan, 

25 including an agreement regarding jurisdiction of any 


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1 actions under or to enforce the plan, including a 

2 waiver of immunity; and 

3 ‘‘(14) include such other information as the par4 ticipating tribe and investor partner consider appro5 priate. 

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

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

8 the 90-day period beginning upon a submission by an In9 dian tribe of a final plan under section 904 to the Sec10 retary, the Secretary shall— 

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

12 the tribe solicited requests for quotations from inves13 tors and selected the investor partner; and 

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

15 determines that— 

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

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

18 the plan pursuant to section 904(3), is inac19 curate or insufficient; 

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

21 solicit requests for quotations and select an in22 vestor partner was insufficient or negligent; or 

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

24 housing needs of the tribe, as identified in the 

25 plan pursuant to section 904(3); 


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

2 participating tribe and the investor make such revi3 sions to the plan as the Secretary may specify as ap4 propriate to meet the needs of the tribe for affordable 

5 housing; or 

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

7 determines that the plan fails to meet the minimal 

8 housing standards and requirements set forth in this 

9 Act and the Secretary notifies the tribe of the elements 

10 requiring the disapproval. 

11 ‘‘(b) ACTION UPON DISAPPROVAL.— 

12 ‘‘(1) RE-SUBMISSION OF PLAN.—Subject to para13 graph (2), in the case of any disapproval of a final 

14 plan of an Indian tribe pursuant to subsection (a)(3), 

15 the Secretary shall allow the tribe a period of 180 

16 days from notification to the tribe of such disapproval 

17 to re-submit a revised plan for approval. 

18 ‘‘(2) LIMITATION.—If the final plan for an In19 dian tribe is disapproved twice and resubmitted twice 

20 pursuant to the authority under paragraph (1) and, 

21 upon such second re-submission of the plan the Sec22 retary disapproves the plan, the tribe may not re-sub23 mit the plan again and shall be ineligible to partici24 pate in the demonstration program under this title. 


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1 ‘‘(c) TRIBE AUTHORITY OF HOUSING DESIGN AND LO2 CATION.—The Secretary may not disapprove a final plan 

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

4 based on the design or location of any housing to be devel5 oped or assisted under the plan. 

6 ‘‘(d) FAILURE TO NOTIFY.—If the Secretary does not 

7 notify a participating tribe submitting a final plan of ap8 proval, conditional approval, or disapproval of the plan be9 fore the expiration of the period referred to in paragraph 

10 (1), the plan shall be considered as approved for all pur11 poses of this title. 

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

13 ‘‘Amounts otherwise allocated for a participating tribe 

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

15 not be made available to the tribe under titles I through 

16 VIII , but shall only be available for the tribe, upon request 

17 by the tribe and approval by the Secretary, for the following 

18 purposes: 

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

20 as are pledged by a participating tribe pursuant to 

21 section 904(10) for return on the investment made by 

22 the investor partner or other investors may be used by 

23 the Secretary to ensure such full return on invest24 ment. 


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1 ‘‘(2) ADMINISTRATIVE EXPENSES.—The Sec2 retary may provide to a participating tribe, upon the 

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

4 annual allocation made under title III for the tribe 

5 during such period for administrative costs of the 

6 tribe in completing the processes to carry out sections 

7 903 and 904. 

8 ‘‘(3) HOUSING INFRASTRUCTURE COSTS.—A par9 ticipating tribe may use such amounts for housing in10 frastructure costs associated with providing affordable 

11 housing for the tribe under the final plan. 

12 ‘‘(4) MAINTENANCE; TENANT SERVICES.—A par13 ticipating tribe may use such amounts for mainte14 nance of affordable housing for the tribe and for hous15 ing services, housing management services, and crime 

16 prevention and safety activities described in para17 graphs (3), (4), and (5), respectively, of section 202. 

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

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

20 participating tribe may, in accordance with the provisions 

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

22 905, resell any affordable housing developed with assistance 

23 made available under this Act for use other than as afford24 able housing, but only if the tribe provides such assurances 


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1 as the Secretary determines are appropriate to ensure 

2 that— 

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

4 housing; 

5 ‘‘(2) will provide affordable housing in the future 

6 sufficient to meet future affordable housing needs; and 

7 ‘‘(3) will use any proceeds only to meet such fu8 ture affordable housing needs or as provided in sec9 tion 906. 

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

11 ‘‘(a) ANNUAL REPORTS BY TRIBE.—Each partici12 pating tribe shall submit a report to the Secretary annually 

13 regarding the progress of the tribe in complying with, and 

14 meeting the deadlines and schedules set forth under the ap15 proved final plan for the tribe. Such reports shall contain 

16 such information as the Secretary shall require. 

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

18 submit a report to the Congress annually describing the ac19 tivities and progress of the demonstration program under 

20 this title, which shall— 

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

22 submitted by participating tribes pursuant to sub23 section (a); 


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1 ‘‘(2) identify the number of tribes that have se2 lected an investor partner pursuant to a request for 

3 quotations; 

4 ‘‘(3) include, for each tribe applying for partici5 pating in the demonstration program whose final 

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

7 detailed description and explanation of the reasons 

8 for disapproval and all actions taken by the tribe to 

9 eliminate the reasons for disapproval, and identify 

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

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

12 amounts requested and approved for use under section 

13 906; and 

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

15 terminated participation in the demonstration pro16 gram and the circumstances of such terminations. 

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

18 among participating tribes to ensure that the final plans 

19 for such tribes are being implemented and complied with. 

20 Such audits shall include on-site visits with participating 

21 tribes and requests for documentation appropriate to ensure 

22 such compliance. 

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

24 ‘‘(a) TERMINATION OF PARTICIPATION.—A partici25 pating tribe may terminate participation in the demonstraVerDate Sep 11 2014 20:16 Nov 20, 2014 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H4329.RH H4329

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1 tion program under this title at any time, subject to this 

2 section. 

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

4 ‘‘(1) NO AUTOMATIC TERMINATION.—Termi5 nation by a participating tribe in the demonstration 

6 program under this section shall not terminate any 

7 obligations of the tribe under agreements entered into 

8 under the demonstration program with the investor 

9 partner for the tribe or any other investors or con10 tractors. 

11 ‘‘(2) AUTHORITY TO MUTUALLY TERMINATE

12 AGREEMENTS.—Nothing in this title may be con13 strued to prevent a tribe that terminates participa14 tion in the demonstration program under this section 

15 and any party with which the tribe has entered into 

16 an agreement from mutually agreeing to terminate 

17 such agreement. 

18 ‘‘(c) RECEIPT OF REMAINING GRANT AMOUNTS.—The 

19 Secretary shall provide for grants to be made in accordance 

20 with, and subject to the requirements of, this Act for any 

21 amounts remaining after use pursuant to section 906 from 

22 the allocation under title III for a participating tribe that 

23 terminates participation in the demonstration program. 

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

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


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1 Indian tribe during its participation in the demonstration 

2 program under this title. 

3 ‘‘SEC. 910. FINAL REPORT. 

4 ‘‘Not later than the expiration of the 5-year period be5 ginning on the date of the enactment of this title, the Sec6 retary shall submit a final report to the Congress regarding 

7 the effectiveness of the demonstration program, which shall 

8 include— 

9 ‘‘(1) an assessment of the success, under the dem10 onstration program, of participating tribes in meet11 ing their housing needs, including affordable housing 

12 needs, on tribal land; 

13 ‘‘(2) recommendations for any improvements in 

14 the demonstration program; and 

15 ‘‘(3) a determination of whether the demonstra16 tion should be expanded into a permanent program 

17 available for Indian tribes to opt into at any time 

18 and, if so, recommendations for such expansion, in19 cluding any legislative actions necessary to expand 

20 the program. 

21 ‘‘SEC. 911. DEFINITIONS. 

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

23 shall apply: 


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1 ‘‘(1) AFFORDABLE HOUSING.—The term ‘afford2 able housing’ has the meaning given such term in sec3 tion 4 (25 U.S.C. 4103). 

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

5 ‘housing infrastructure’ means basic facilities, serv6 ices, systems, and installations necessary or appro7 priate for the functioning of a housing community, 

8 including facilities, services, systems, and installa9 tions for water, sewage, power, communications, and 

10 transportation. 

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

12 lease’ means an agreement between a participating 

13 tribe and a tribal member that authorizes the tribal 

14 member to occupy a specific plot of tribal lands for 

15 50 or more years and to request renewal of the agree16 ment at least once. 

17 ‘‘(4) PARTICIPATING TRIBES.—The term ‘partici18 pating tribe’ means an Indian tribe for which a final 

19 plan under section 904 for participation in the dem20 onstration program under this title has been approved 

21 by the Secretary under section 905. 

22 ‘‘SEC. 912. NOTICE. 

23 ‘‘The Secretary shall establish any requirements and 

24 criteria as may be necessary to carry out the demonstration 


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1 program under this title by notice published in the Federal 

2 Register.’’. 

3 SEC. 702. CLERICAL AMENDMENTS. 

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

5 inserting after the item relating to section 705 the following: 

‘‘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. 

‘‘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.’’. 


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Union Calendar No. 468 

113TH CONGRESS 

2D SESSION H. R. 4329 

[Report No. 113–628] 

A BILL 

To reauthorize the Native American Housing Asand for other purposes. sistance and Self-Determination Act of 1996, 

NOVEMBER 20, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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