II 

114TH CONGRESS 

1ST SESSION S. 710 

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

IN THE SENATE OF THE UNITED STATES 

MARCH 11, 2015 

Mr. BARRASSO introduced the following bill; which was read twice and 

referred to the Committee on Indian Affairs 

A BILL 

To reauthorize the Native American Housing Assistance and 

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

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

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

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

6 ‘‘Native American Housing Assistance and Self-Deter7 mination Reauthorization Act of 2015’’. 

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

9 this Act is as follows: 

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

Sec. 2. Office of Native American Programs. 


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TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 

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

Sec. 102. Environmental review. 

Sec. 103. Authorization of appropriations. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Sec. 201. Program requirements. 

Sec. 202. Homeownership or lease-to-own low-income requirement and income 

targeting. 

Sec. 203. Lease requirements and tenant selection. 

Sec. 204. Self-determined housing activities for tribal communities. 

Sec. 205. Total development cost maximum project cost. 

TITLE III—ALLOCATION OF GRANT AMOUNTS 

Sec. 301. Effect of undisbursed block grant amounts on annual allocations. 

TITLE IV—COMPLIANCE, AUDITS, AND REPORTS 

Sec. 401. 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. 99-year leasehold interest in trust or restricted lands for housing purposes. 

Sec. 503. Training and technical assistance. 

Sec. 504. Loan guarantees for Indian housing. 

TITLE VI—DEMONSTRATION PROGRAM FOR ALTERNATIVE 

PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 

Sec. 601. Demonstration program. 

Sec. 602. Clerical amendments. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Community-based organizations and tribally designated housing entities. 

Sec. 702. Elimination of limitation on use for Cherokee Nation. 

Sec. 703. Reauthorization of Native Hawaiian Homeownership Act. 

Sec. 704. Reauthorization of loan guarantees for Native Hawaiian housing. 

Sec. 705. Leveraging. 

Sec. 706. Funding for methamphetamine clean-up projects. 

1 (c) REFERENCES.—Except as otherwise expressly 

2 provided, wherever in this Act an amendment or repeal 

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

4 a section or other provision, the reference shall be consid5 ered to be made to a section or other provision of the NaVerDate Sep 11 2014 03:54 Mar 17, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710

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1 tive American Housing Assistance and Self-Determination 

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

3 SEC. 2. OFFICE OF NATIVE AMERICAN PROGRAMS. 

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

5 (1) by striking ‘‘The Secretary’’ and inserting 

6 the following: 

7 ‘‘(a) IN GENERAL.—The Secretary’’; and 

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

9 ‘‘(b) ESTABLISHMENT OF OFFICE OF ASSISTANT

10 SECRETARY.—The head of the Office of Native American 

11 Programs shall be the Assistant Secretary, to be appointed 

12 by the President, by and with the advice and consent of 

13 the Senate.’’. 

14 TITLE I—BLOCK GRANTS AND 

15 GRANT REQUIREMENTS 

16 SEC. 101. TREATMENT OF PROGRAM INCOME AND LABOR 

17 STANDARDS. 

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

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

20 and inserting the following: 

21 ‘‘(1) AUTHORITY TO RETAIN.— 

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

23 other provision of this Act, a recipient may re24 tain any program income that is realized from 

25 any grant amounts under this Act if— 


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

2 initial disbursement of the grant amounts 

3 received by the recipient; and 

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

5 recipient will utilize the income for housing 

6 related activities in accordance with this 

7 Act. 

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

9 realized by a recipient from program income 

10 shall— 

11 ‘‘(i) be considered nonprogram in12 come; and 

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

14 and 

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

16 and inserting the following: 

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

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

19 not apply to any contract or agreement for as20 sistance, sale, or lease pursuant to this Act, if 

21 that contract or agreement is otherwise covered 

22 by 1 or more laws or regulations adopted by an 

23 Indian tribe that requires the payment of not 

24 less than prevailing wages, as determined by 

25 the Indian tribe. 


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1 ‘‘(B) WAGES.—The prevailing wages de2 scribed in subparagraph (A) shall apply to the 

3 administration of all Federal funding for 

4 projects funded in part by funds authorized 

5 under this Act.’’. 

6 SEC. 102. ENVIRONMENTAL REVIEW. 

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

8 at the end the following: 

9 ‘‘(e) ENVIRONMENTAL REVIEW.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding any other 

11 provision of law or use of any other source of fund12 ing for the project, compliance with the environ13 mental review requirements of this section shall sat14 isfy any other applicable environmental review re15 quirement under any other Federal law (including 

16 regulations) required to be carried out by any agen17 cy involved in the project. 

18 ‘‘(2) COORDINATION WITH OTHER AGENCIES.— 

19 The Secretary shall coordinate compliance with any 

20 environmental review requirements with all impacted 

21 Federal agencies and Indian tribes.’’. 

22 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 108 (25 U.S.C. 4117) is amended in the first 

24 sentence by striking ‘‘2009 through 2013’’ and inserting 

25 ‘‘2016 through 2020’’. 


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1 TITLE II—AFFORDABLE 

2 HOUSING ACTIVITIES 

3 SEC. 201. PROGRAM REQUIREMENTS. 

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

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

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

7 (2) by redesignating paragraph (2) as para8 graph (3); 

9 (3) by inserting after paragraph (1) the fol10 lowing: 

11 ‘‘(2) APPLICATION OF TRIBAL POLICIES.— 

12 Paragraph (3) shall not apply if— 

13 ‘‘(A) the recipient has a written policy gov14 erning rents and homebuyer payments charged 

15 for dwelling units; and 

16 ‘‘(B) that policy includes a provision gov17 erning maximum rents or homebuyer pay18 ments.’’; and 

19 (4) in paragraph (3) (as so redesignated), by 

20 striking ‘‘In the case of’’ and inserting ‘‘In the ab21 sence of a written policy governing rents and home22 buyer payments, in the case of’’. 


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1 SEC. 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN2 COME REQUIREMENT AND INCOME TAR3 GETING. 

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

5 (1) in subsection (a)(1)— 

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

7 ‘‘and’’ at the end; and 

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

9 ‘‘(E) notwithstanding any other provision 

10 of this paragraph, in the case of rental housing 

11 that is made available to a current rental family 

12 for conversion to a homebuyer or a lease-pur13 chase unit, that the current rental family can 

14 purchase through a contract of sale, lease-pur15 chase agreement, or any other sales agreement, 

16 is made available for purchase only by the cur17 rent rental family, if the rental family was a 

18 low-income family at the time of their initial oc19 cupancy of such unit; and’’; and 

20 (2) in subsection (c)— 

21 (A) by striking ‘‘The provisions’’ and in22 serting the following: 

23 ‘‘(1) IN GENERAL.—The provisions’’; and 

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

25 ‘‘(2) APPLICABILITY TO IMPROVEMENTS.—The 

26 provisions of subsection (a)(2) regarding binding 


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1 commitments for the remaining useful life of prop2 erty shall not apply to improvements of privately 

3 owned homes if the cost of the improvements do not 

4 exceed 10 percent of the maximum total develop5 ment cost for the home.’’. 

6 SEC. 203. LEASE REQUIREMENTS AND TENANT SELECTION. 

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

8 at the end the following: 

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

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

11 programs funded in part by amounts authorized under 

12 this Act.’’. 

13 SEC. 204. SELF-DETERMINED HOUSING ACTIVITIES FOR 

14 TRIBAL COMMUNITIES. 

15 Subtitle B of title II (25 U.S.C. 4145 et seq.) is re16 pealed. 

17 SEC. 205. TOTAL DEVELOPMENT COST MAXIMUM PROJECT 

18 COST. 

19 Affordable housing (as defined in section 4 of the Na20 tive American Housing Assistance and Self-Determination 

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

22 or assisted under the block grant program established 

23 under section 101 of the Native American Housing Assist24 ance and Self-Determination Act of 1996 (25 U.S.C. 

25 4111) shall not exceed by more than 20 percent, without 


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1 prior approval of the Secretary of Housing and Urban De2 velopment, the total development cost maximum cost for 

3 all housing assisted under an affordable housing activity, 

4 including development and model activities. 

5 TITLE III—ALLOCATION OF 

6 GRANT AMOUNTS 

7 SEC. 301. EFFECT OF UNDISBURSED BLOCK GRANT 

8 AMOUNTS ON ANNUAL ALLOCATIONS. 

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

10 is amended by adding at the end the following: 

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

12 ANNUAL ALLOCATIONS. 

13 ‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED

14 GRANT AMOUNTS.—Subject to subsection (d), if on Janu15 ary 1, 2018, or on any January 1 thereafter, the total 

16 amount of undisbursed block grants for a recipient in the 

17 line of credit control system of the Department of Housing 

18 and Urban Development is greater than 3 times the for19 mula allocation the recipient would otherwise receive 

20 under this Act for the fiscal year during which January 

21 1 occurs, the Secretary shall— 

22 ‘‘(1) not later than January 31 of that year, 

23 notify the Indian tribe allocated the grant amounts, 

24 and any tribally designated housing entity for the 

25 Indian tribe, of the undisbursed amounts; and 


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1 ‘‘(2) require the recipient for the Indian tribe, 

2 not later than 30 days after the Secretary provides 

3 notification pursuant to paragraph (1)— 

4 ‘‘(A) to notify the Secretary in writing of 

5 the reasons why the recipient has not requested 

6 the disbursement of the amounts; and 

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

8 the Secretary that the recipient has the capac9 ity to spend Federal funds in an effective man10 ner, which may include evidence of the timely 

11 expenditure of amounts previously distributed 

12 to the recipient under this Act. 

13 ‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sec14 tions 301 and 302, the allocation for a recipient for a fis15 cal year described in subsection (a) shall be an amount 

16 equal to the difference between— 

17 ‘‘(1) the amount initially calculated according 

18 to the formula; minus 

19 ‘‘(2) an amount equal to the difference be20 tween— 

21 ‘‘(A) the total amount of undisbursed block 

22 grants for the recipient in the line of credit con23 trol system of the Department of Housing and 

24 Urban Development on January 1 of the fiscal 

25 year; and 


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1 ‘‘(B) 3 times the initial formula amount 

2 for the fiscal year. 

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

4 provision of law, any grant amounts not allocated to a re5 cipient pursuant to subsection (b) shall be allocated in ac6 cordance with sections 301 and 302. 

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

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

9 year for which the amount allocated for the Indian tribe 

10 for block grants under this Act is less than $5,000,000. 

11 ‘‘(e) EFFECT.—Nothing in this section— 

12 ‘‘(1) requires the promulgation of any regula13 tion; or 

14 ‘‘(2) confers hearing rights under this section 

15 or any other provision of this Act.’’. 

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

17 in section 1(b) (25 U.S.C. 4101 note) is amended by in18 serting after the item relating to section 302 the following: 

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

19 TITLE IV—COMPLIANCE, 

20 AUDITS, AND REPORTS 

21 SEC. 401. REPORTS TO CONGRESS. 

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

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

24 and inserting ‘‘Committee on Indian Affairs and the 

25 Committee on Banking, Housing and Urban Affairs 


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1 of the Senate and the Committee on Financial Serv2 ices of the House of Representatives’’; and 

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

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

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

6 to recipients.’’. 

7 TITLE V—OTHER HOUSING AS8 SISTANCE FOR NATIVE AMER9 ICANS 

10 SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING 

11 PROGRAM FOR NATIVE AMERICAN VET12 ERANS. 

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

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

15 at the end the following: 

16 ‘‘(D) NATIVE AMERICAN VETERANS.— 

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

18 available for rental assistance under this 

19 subsection for fiscal year 2015 and each 

20 fiscal year thereafter, the Secretary shall 

21 set aside 5 percent for a supported housing 

22 and rental assistance program modeled on 

23 the HUD-Veterans Affairs Supportive 

24 Housing program, to be administered in 

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1 erans Affairs, for the benefit of homeless 

2 Native American veterans and veterans at 

3 risk of homelessness. 

4 ‘‘(ii) RECIPIENTS.—Funds made 

5 available under clause (i) shall be made 

6 available to recipients eligible to receive 

7 block grants under the Native American 

8 Housing Assistance and Self-Determina9 tion Act of 1996 (25 U.S.C. 4101 et seq.). 

10 ‘‘(iii) FUNDING CRITERIA.—Funds 

11 made available under clause (i) shall be 

12 awarded based on need, administrative ca13 pacity, and any other funding criteria es14 tablished by the Secretary in a notice pub15 lished in the Federal Register, after con16 sultation with the Secretary of Veterans 

17 Affairs, by a date sufficient to provide for 

18 implementation of the program under this 

19 subparagraph in accordance with clause 

20 (i). 

21 ‘‘(iv) PROGRAM REQUIREMENTS.— 

22 Funds made available under clause (i) 

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1 ing Assistance and Self-Determination Act 

2 of 1996 (25 U.S.C. 4101 et seq.) in lieu of 

3 any program requirements of this Act. 

4 ‘‘(v) WAIVER.—The Secretary may 

5 waive, or specify alternative requirements 

6 for any provision of any law or regulation 

7 that the Secretary administers in connec8 tion with the use of funds made available 

9 under this subparagraph, on a finding by 

10 the Secretary that a waiver or alternative 

11 requirement is necessary— 

12 ‘‘(I) to promote administrative 

13 efficiency; 

14 ‘‘(II) to eliminate delay; 

15 ‘‘(III) to consolidate or eliminate 

16 duplicative or ineffective requirements 

17 or criteria; or 

18 ‘‘(IV) to otherwise provide for the 

19 effective delivery and administration 

20 of the supportive housing and rental 

21 assistance program described in clause 

22 (i) with respect to Native American 

23 veterans. 

24 ‘‘(vi) CONSULTATION.—Not later than 

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1 plementation of the program under this 

2 subparagraph in accordance with clause 

3 (i), the Secretary and the Secretary of Vet4 erans Affairs shall jointly consult with 

5 block grant recipients and any other ap6 propriate tribal organizations to ensure— 

7 ‘‘(I) that block grant recipients 

8 administering funds made available 

9 under clause (i) are able to effectively 

10 coordinate with providers of sup11 portive services provided in connection 

12 with the supportive housing and rent13 al assistance program described in 

14 that clause; and 

15 ‘‘(II) the effective delivery of sup16 portive services to Native American 

17 veterans that are homeless or at risk 

18 of homelessness and eligible to receive 

19 assistance under this subparagraph. 

20 ‘‘(vii) NOTICE.—After providing to In21 dian tribes and tribally designated housing 

22 agencies opportunity for comment and con23 sultation, the Secretary shall establish the 

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1 gram described in clause (i) by final notice 

2 published in the Federal Register.’’. 

3 SEC. 502. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RE4 STRICTED LANDS FOR HOUSING PURPOSES. 

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

6 (1) in subsection (c)(1), by inserting ‘‘(in effect 

7 before, on, or after the date of enactment of this 

8 section)’’ after ‘‘law’’; and 

9 (2) by striking ‘‘50 years’’ each place it appears 

10 and inserting ‘‘99 years’’. 

11 SEC. 503. TRAINING AND TECHNICAL ASSISTANCE. 

12 Section 703 (25 U.S.C. 4212) is amended to read as 

13 follows: 

14 ‘‘SEC. 703. TRAINING AND TECHNICAL ASSISTANCE. 

15 ‘‘The Secretary shall make available for assistance, 

16 to be awarded on a competitive basis, for a national or 

17 regional organization representing Native American hous18 ing interests for providing training and technical assist19 ance to Indian housing authorities and tribally designated 

20 housing entities such sums as may be necessary for each 

21 fiscal year.’’. 

22 SEC. 504. LOAN GUARANTEES FOR INDIAN HOUSING. 

23 Section 184(i)(5) of the Housing and Community De24 velopment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

25 amended— 


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

2 period at the end of the first sentence ‘‘There are 

3 authorized to be appropriated for those costs 

4 $12,200,000 for each of fiscal years 2016 through 

5 2020.’’; and 

6 (2) in subparagraph (C), by striking ‘‘2008 

7 through 2012’’ and inserting ‘‘2016 through 2020’’. 

8 TITLE VI—DEMONSTRATION 

9 PROGRAM FOR ALTERNATIVE 

10 PRIVATIZATION AUTHORITY 

11 FOR NATIVE AMERICAN 

12 HOUSING 

13 SEC. 601. DEMONSTRATION PROGRAM. 

14 At the end of the Act, add the following: 

15 ‘‘TITLE IX—DEMONSTRATION 

16 PROGRAM FOR ALTERNATIVE 

17 PRIVATIZATION AUTHORITY 

18 FOR NATIVE AMERICAN 

19 HOUSING 

20 ‘‘SEC. 901. DEFINITIONS. 

21 ‘‘In this title: 

22 ‘‘(1) AFFORDABLE HOUSING.—The term ‘af23 fordable housing’ has the meaning given the term in 

24 section 4. 


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

2 ‘housing infrastructure’ means basic facilities, serv3 ices, systems, and installations necessary or appro4 priate for the functioning of a housing community, 

5 including facilities, services, systems, and installa6 tions for water, sewage, power, communications, and 

7 transportation. 

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

9 lease’ means an agreement between a participating 

10 Indian tribe and a member of the participating In11 dian tribe that authorizes the member— 

12 ‘‘(A) to occupy a specific plot of tribal land 

13 for 50 or more years; and 

14 ‘‘(B) to request renewal of the agreement 

15 at least once. 

16 ‘‘(4) PARTICIPATING INDIAN TRIBE.—The term 

17 ‘participating Indian tribe’ means an Indian tribe 

18 for which a final plan under section 905 for partici19 pation in the demonstration program under this title 

20 has been approved by the Secretary under section 

21 906. 

22 ‘‘SEC. 902. 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 a participating Indian tribe 

2 having a final plan approved pursuant to section 906 with 

3 the authority to exercise the activities provided under this 

4 title and the plan for the acquisition and development of 

5 housing to meet the needs of members of the participating 

6 Indian tribe. 

7 ‘‘(b) INAPPLICABILITY.—Except as otherwise specifi8 cally provided in this title, titles I through IV, VI, and 

9 VII shall not apply to the use of funds by a participating 

10 Indian tribe during any period during which the Indian 

11 tribe is participating in the demonstration program under 

12 this title. 

13 ‘‘(c) APPLICABILITY.—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. 903. 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 enactment of this title, in such form 

16 and such manner as the Secretary shall require. 

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

18 under section 906 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 Indian tribe that provides the 

22 Indian tribe with the authority to carry out activities 

23 under the demonstration program. 


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

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

4 ‘‘SEC. 904. REQUEST FOR QUOTES AND SELECTION OF IN5 VESTOR PARTNER. 

6 ‘‘(a) REQUEST FOR QUOTES.—Not later than 180 

7 days after the date on which the Indian tribe submits no8 tice under section 903(a), the Indian tribe shall— 

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

10 assessing the housing needs, including the affordable 

11 housing needs, of the Indian tribe; and 

12 ‘‘(2) release a request for quotations from enti13 ties interested in partnering with the Indian tribe in 

14 designing and carrying out housing activities suffi15 cient to meet the housing needs of the Indian tribe 

16 as identified pursuant to paragraph (1). 

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

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), not later than 18 months after the date 

20 of enactment of this title, an Indian tribe requesting 

21 to participate in the demonstration program under 

22 this title shall— 

23 ‘‘(A) select an investor partner from 

24 among the entities that have responded to the 


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1 request of the Indian tribe for quotations under 

2 subsection (a)(2); and 

3 ‘‘(B) together with that investor partner, 

4 establish and submit to the Secretary a final 

5 plan that meets the requirements described in 

6 section 905. 

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

8 the period under paragraph (1) for any Indian tribe 

9 that— 

10 ‘‘(A) has not received any satisfactory 

11 quotation in response to the 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. 905. FINAL PLAN. 

17 ‘‘A final plan of an Indian tribe for participation in 

18 the demonstration program under this title shall— 

19 ‘‘(1) be developed by the Indian tribe and the 

20 investor partner of the Indian tribe selected under 

21 section 904(b)(1)(A); 

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

23 the Indian tribe in assessing the housing needs of 

24 the Indian tribe; 


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1 ‘‘(3) set forth a detailed description of the pro2 jected housing needs, including affordable housing 

3 needs, of the Indian tribe, which shall include— 

4 ‘‘(A) a description of those projected hous5 ing needs over— 

6 ‘‘(i) the 2-year period following the 

7 date of submission of the final plan; and 

8 ‘‘(ii) the period that is the earlier-end9 ing period of— 

10 ‘‘(I) the 5-year period following 

11 the expiration of the 2-year period de12 scribed in clause (i); and 

13 ‘‘(II) the period ending on the 

14 date on which those projected housing 

15 needs are met; and 

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

17 required under section 102 to be included in an 

18 Indian housing plan for the Indian tribe, as 

19 modified by the Secretary to take consideration 

20 of the requirements of the demonstration pro21 gram under this title; 

22 ‘‘(4) provide for specific housing activities suffi23 cient to meet the housing needs of the Indian tribe, 

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1 suant to paragraph (3) within the time periods re2 ferred to in that paragraph, which shall include— 

3 ‘‘(A) development of affordable housing; 

4 ‘‘(B) development of conventional homes 

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

6 combined with affordable housing developed 

7 pursuant to subparagraph (A); 

8 ‘‘(C) development of housing infrastruc9 ture, including housing infrastructure sufficient 

10 to serve affordable housing developed under the 

11 final plan; and 

12 ‘‘(D) investments by the investor partner, 

13 the Indian tribe, members of the Indian tribe, 

14 and financial institutions and other outside in15 vestors necessary to provide financing for the 

16 development of housing under the final plan 

17 and for mortgages for members of Indian tribes 

18 purchasing that housing; 

19 ‘‘(5) provide that the Indian tribe will agree to 

20 provide long-term leases to members of the Indian 

21 tribe sufficient for lease-to-own arrangements for, 

22 and sale of, the housing developed pursuant to para23 graph (4); 

24 ‘‘(6) provide that the Indian tribe— 


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

2 mortgage agreements for housing developed 

3 under the final plan that are financed under the 

4 final plan and entered into by members of the 

5 Indian tribe; and 

6 ‘‘(B) shall, on foreclosure under a mort7 gage described in subparagraph (A), take pos8 session of the housing and have the responsi9 bility for making the housing available to other 

10 members of the Indian tribe; 

11 ‘‘(7) provide for sufficient protections, as deter12 mined by the Secretary, to ensure that the Indian 

13 tribe and the Federal Government are not liable for 

14 the acts of the investor partner or of any contrac15 tors; 

16 ‘‘(8) provide that the Indian tribe shall have 

17 sole final approval of the design and location of 

18 housing developed under the final plan; and 

19 ‘‘(9) set forth— 

20 ‘‘(A) specific deadlines and schedules for 

21 activities to be carried out under the final plan; 

22 ‘‘(B) the responsibilities of the Indian tribe 

23 and the investor partner; 

24 ‘‘(C) specific terms and conditions— 


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1 ‘‘(i) for return on investment by the 

2 investor partner and other investors under 

3 the plan; and 

4 ‘‘(ii) to provide that the Indian tribe 

5 shall pledge grant amounts allocated for 

6 the Indian tribe pursuant to title III for 

7 that return on investment; 

8 ‘‘(D) the terms of a cooperative agreement 

9 on the operation and management of the cur10 rent assistance housing stock and current hous11 ing stock for the Indian tribe assisted under ti12 tles I through VIII; 

13 ‘‘(E)(i) any plans for the sale of the af14 fordable housing of the Indian tribe under sec15 tion 906; and 

16 ‘‘(ii) if those plans are included, additional 

17 plans sufficient to meet the requirements of sec18 tion 906 regarding meeting future affordable 

19 housing needs of the Indian tribe; 

20 ‘‘(F) terms for enforcement of the final 

21 plan, including an agreement regarding jurisdic22 tion of any actions under or to enforce the final 

23 plan, including a waiver of immunity; and 


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1 ‘‘(G) any other information determined ap2 propriate by the Indian tribe and the investor 

3 partner. 

4 ‘‘SEC. 906. HUD REVIEW AND APPROVAL OF PLAN. 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) REVIEW.—Not later than 90 days after 

7 the date of submission by an Indian tribe of a final 

8 plan under section 905 to the Secretary, the Sec9 retary shall— 

10 ‘‘(A) review the plan and the process by 

11 which the Indian tribe solicited requests for 

12 quotations from investors and selected the in13 vestor partner under section 904(b)(1); and 

14 ‘‘(B) approve or disapprove the plan in ac15 cordance with paragraphs (2) and (3). 

16 ‘‘(2) APPROVAL.— 

17 ‘‘(A) IN GENERAL.—After the review de18 scribed in paragraph (1), the Secretary shall 

19 approve the plan, unless the Secretary deter20 mines that— 

21 ‘‘(i) the assessment of the housing 

22 needs of the Indian tribe by the qualified 

23 entity, or as set forth in the plan pursuant 

24 to section 905(3), is inaccurate or insuffi25 cient; 


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1 ‘‘(ii) the process established by the In2 dian tribe to solicit requests for quotations 

3 and select an investor partner was insuffi4 cient or negligent; or 

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

6 the housing needs of the Indian tribe, as 

7 identified in the plan pursuant to section 

8 905(3). 

9 ‘‘(B) OPPORTUNITY FOR REVISION.—Ex10 cept as provided in paragraph (3), the Sec11 retary shall approve a plan determined insuffi12 cient under subparagraph (A), on the condition 

13 that the Indian tribe and the investor partner 

14 make such revisions to the plan as the Sec15 retary may require to meet the needs of the In16 dian tribe for affordable housing. 

17 ‘‘(3) DISAPPROVAL.—The Secretary may dis18 approve the plan only if— 

19 ‘‘(A) the Secretary determines that the 

20 plan fails to meet the minimal housing stand21 ards and requirements of this Act; and 

22 ‘‘(B) the Secretary notifies the Indian tribe 

23 of the elements requiring the disapproval. 

24 ‘‘(b) ACTION UPON DISAPPROVAL.— 


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1 ‘‘(1) RESUBMISSION OF PLAN.—Subject to 

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

3 final plan of an Indian tribe under subsection (a)(3), 

4 the Secretary shall allow the tribe, for a period of 

5 180 days beginning on the date of the notification 

6 to the tribe of the disapproval, to resubmit a revised 

7 plan for approval. 

8 ‘‘(2) LIMITATION.—If the final plan for an In9 dian tribe is resubmitted pursuant to paragraph (1) 

10 and the Secretary disapproves the plan a second 

11 time, the Indian tribe— 

12 ‘‘(A) may not thereafter resubmit the plan; 

13 and 

14 ‘‘(B) shall be ineligible to participate in the 

15 demonstration program under this title. 

16 ‘‘(c) TRIBAL AUTHORITY OVER HOUSING DESIGN

17 AND LOCATION.—The Secretary may not disapprove a 

18 final plan under section 905 or condition approval of that 

19 plan based on the design or location of any housing to 

20 be developed or assisted under the plan. 

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

22 not notify an Indian tribe submitting a final plan of ap23 proval, conditional approval, or disapproval of the plan be24 fore the expiration of the period referred to in subsection 


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1 (a)(1), the plan shall be deemed approved for purposes 

2 of this title. 

3 ‘‘SEC. 907. TREATMENT OF ALLOCATION. 

4 ‘‘(a) IN GENERAL.—Amounts otherwise allocated for 

5 a participating Indian tribe under title III— 

6 ‘‘(1) shall not be made available to the partici7 pating Indian tribe under titles I through VIII; and 

8 ‘‘(2) shall only be available for the participating 

9 Indian tribe, on request by the participating Indian 

10 tribe and approval by the Secretary, for the purposes 

11 described in subsections (b) through (e). 

12 ‘‘(b) RETURN ON INVESTMENT.—The Secretary may 

13 use the amounts described in subsection (a) to ensure the 

14 payment of any amounts pledged by a participating Indian 

15 tribe pursuant to section 905(9)(C) for return on the in16 vestment made by the investor partner or other investors. 

17 ‘‘(c) ADMINISTRATIVE EXPENSES.—The Secretary 

18 may provide to a participating Indian tribe, on the request 

19 of the participating Indian tribe, not greater than 10 per20 cent of any annual allocation made under title III for the 

21 participating Indian tribe during that fiscal year for the 

22 administrative costs of the participating Indian tribe in 

23 carrying out the requirements of sections 904 and 905. 

24 ‘‘(d) HOUSING INFRASTRUCTURE COSTS.—A partici25 pating Indian tribe may use the amounts described in subVerDate Sep 11 2014 03:54 Mar 17, 2015 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S710.IS S710

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1 section (a) for housing infrastructure costs associated with 

2 providing affordable housing for the participating Indian 

3 tribe under the final plan. 

4 ‘‘(e) MAINTENANCE; TENANT SERVICES.—A partici5 pating Indian tribe may use the amounts described in sub6 section (a) for maintenance of affordable housing for the 

7 participating Indian tribe and for the eligible affordable 

8 housing activities described in paragraphs (3), (4), and (5) 

9 of section 202. 

10 ‘‘SEC. 908. RESALE OF AFFORDABLE HOUSING. 

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

12 participating Indian tribe may, in accordance with the pro13 visions of the final plan of the participating Indian tribe 

14 approved pursuant to section 906, resell any affordable 

15 housing developed with assistance made available under 

16 this Act for use other than as affordable housing, on the 

17 condition that the tribe provides such assurances as the 

18 Secretary determines are appropriate to ensure that the 

19 participating Indian tribe— 

20 ‘‘(1) is meeting the need for affordable housing 

21 of the participating Indian tribe; 

22 ‘‘(2) will provide affordable housing in the fu23 ture sufficient to meet future affordable housing 

24 needs; and 

25 ‘‘(3) will use any proceeds only— 


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1 ‘‘(A) to meet those future affordable hous2 ing needs; or 

3 ‘‘(B) in accordance with section 907. 

4 ‘‘SEC. 909. REPORTS, AUDITS, AND COMPLIANCE. 

5 ‘‘(a) ANNUAL REPORTS BY TRIBE.—Each partici6 pating Indian tribe shall submit to the Secretary annually 

7 a report— 

8 ‘‘(1) describing the progress of the participating 

9 Indian tribe in complying with, and meeting the 

10 deadlines and schedules set forth in, the approved 

11 final plan for the participating Indian tribe; and 

12 ‘‘(2) containing such other information as the 

13 Secretary may require. 

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

15 submit to Congress annually a report describing the activi16 ties and progress of the demonstration program under this 

17 title, including— 

18 ‘‘(1) a summary of the information in the re19 ports submitted under subsection (a); 

20 ‘‘(2) the number of Indian tribes that have se21 lected an investor partner pursuant to a request for 

22 quotations under section 904; 

23 ‘‘(3) for each tribe applying for participation in 

24 the demonstration program the final plan of which 


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1 was disapproved under section 906(a)(3), a detailed 

2 description and explanation of— 

3 ‘‘(A) the reasons for the disapproval; and 

4 ‘‘(B) all actions taken by the Indian tribe 

5 to eliminate the reasons for disapproval, and an 

6 identification of whether the tribe has re-sub7 mitted a final plan; 

8 ‘‘(4) an identification, by participating Indian 

9 tribe, of any amounts requested and approved for 

10 use under section 907; and 

11 ‘‘(5) an identification of any participating In12 dian tribes that have terminated participation in the 

13 demonstration program and the circumstances of the 

14 terminations. 

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

16 among participating Indian tribes to ensure implementa17 tion and compliance with the final plans for the partici18 pating Indian tribes, including on-site visits with partici19 pating Indian tribes and requests for documentation ap20 propriate to ensure the compliance. 

21 ‘‘SEC. 910. TERMINATION OF TRIBAL PARTICIPATION. 

22 ‘‘(a) TERMINATION OF PARTICIPATION.—A partici23 pating Indian tribe may terminate participation in the 

24 demonstration program under this title at any time, sub25 ject to this section. 


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

2 ‘‘(1) NO AUTOMATIC TERMINATION.—Termi3 nation by a participating Indian tribe in the dem4 onstration program under this section shall not ter5 minate any obligations of the Indian tribe under 

6 agreements entered into under the demonstration 

7 program with the investor partner of the Indian 

8 tribe or any other investors or contractors. 

9 ‘‘(2) AUTHORITY TO MUTUALLY TERMINATE

10 AGREEMENTS.—Nothing in this title prevents an In11 dian tribe that terminates participation in the dem12 onstration program and any party with which the 

13 Indian tribe has entered into an agreement from 

14 mutually agreeing to terminate that agreement. 

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

16 The Secretary shall provide for grants to be made in ac17 cordance with, and subject to the requirements of, this Act 

18 for any amounts remaining after use pursuant to section 

19 907 from the allocation under title III for an Indian tribe 

20 that terminates participation in the demonstration pro21 gram. 

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

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

24 Indian tribe during its participation in the demonstration 

25 program under this title. 


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1 ‘‘SEC. 911. FINAL REPORT. 

2 ‘‘Not later 5 years after the date of enactment of this 

3 title, the Secretary shall submit to Congress a final report 

4 describing the effectiveness of the demonstration program, 

5 which shall include— 

6 ‘‘(1) an assessment of the success under the 

7 demonstration program of participating Indian 

8 tribes in meeting the housing needs of the partici9 pating Indian tribe, including affordable housing 

10 needs, on tribal land; 

11 ‘‘(2) recommendations for any improvements to 

12 the demonstration program; and 

13 ‘‘(3) a determination of whether the demonstra14 tion program should be expanded into a permanent 

15 program available for Indian tribes to opt into at 

16 any time and, if so, recommendations for that ex17 pansion, including any legislative actions necessary 

18 to expand the program. 

19 ‘‘SEC. 912. NOTICE. 

20 ‘‘The Secretary shall establish any requirements and 

21 criteria necessary to carry out the demonstration program 

22 under this title by notice published in the Federal Reg23 ister.’’. 

24 SEC. 602. CLERICAL AMENDMENTS. 

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

26 adding after the item relating to section 705 the following: 


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‘‘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. Definitions. 

‘‘Sec. 902. Authority. 

‘‘Sec. 903. Participating tribes. 

‘‘Sec. 904. Request for quotes and selection of investor partner. 

‘‘Sec. 905. Final plan. 

‘‘Sec. 906. HUD review and approval of plan. 

‘‘Sec. 907. Treatment of allocation. 

‘‘Sec. 908. Resale of affordable housing. 

‘‘Sec. 909. Reports, audits, and compliance. 

‘‘Sec. 910. Termination of tribal participation. 

‘‘Sec. 911. Final report. 

‘‘Sec. 912. Notice.’’. 

1 TITLE VII—MISCELLANEOUS 

2 SEC. 701. COMMUNITY-BASED ORGANIZATIONS AND TRIB3 ALLY DESIGNATED HOUSING ENTITIES. 

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

5 amended by adding at the end the following: 


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

3 ‘‘A tribally designated housing entity shall qualify as 

4 a community-based development organization for purposes 

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

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

8 5306(a)).’’. 

9 SEC. 702. ELIMINATION OF LIMITATION ON USE FOR CHER10 OKEE NATION. 

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

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

14 SEC. 703. REAUTHORIZATION OF NATIVE HAWAIIAN HOME15 OWNERSHIP ACT. 

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

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

18 ‘‘2016, 2017, 2018, 2019, and 2020’’. 

19 SEC. 704. REAUTHORIZATION OF LOAN GUARANTEES FOR 

20 NATIVE HAWAIIAN HOUSING. 

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

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

23 amended— 

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

25 period at the end of the first sentence ‘‘There are 

26 authorized to be appropriated for those costs 


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1 $386,000 for each of fiscal years 2016 through 

2 2020.’’; and 

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

4 of fiscal years’’ and all that follows through the pe5 riod at the end and inserting ‘‘for each of fiscal 

6 years 2016 through 2020 with an aggregate out7 standing principal amount not exceeding 

8 $41,504,000 for each fiscal year.’’. 

9 SEC. 705. LEVERAGING. 

10 All funds provided under a grant made pursuant to 

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

12 for purposes of meeting matching or cost participation re13 quirements under any other Federal or non-Federal pro14 gram. 

15 SEC. 706. FUNDING FOR METHAMPHETAMINE CLEAN-UP 

16 PROJECTS. 

17 Section 5124(a)(7) of the Public and Assisted Hous18 ing Drug Elimination Act of 1990 (42 U.S.C. 

19 11903(a)(7)) is amended by inserting ‘‘or to implement 

20 methamphetamine clean-up projects’’ before the semi21 colon. 

Æ 


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