II 

Calendar No. 197 

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 

JUNE 4, 2015 

Reported by Mr. BARRASSO, with amendments 

[Omit the part struck through and insert the part printed in italic] 

JUNE 4, 2015 

Referred to the Committee on Banking, Housing, and Urban Affairs pursuant 

to the order of May 27, 1988, for a period not to exceed 60 days 

AUGUST 5, 2015 

Committee discharged pursuant to the order of May 27, 1988, and placed on 

the calendar 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

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

4 ‘‘Native American Housing Assistance and Self-Deter5 mination Reauthorization Act of 2015’’. 

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

7 this Act is as follows: 

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

Sec. 2. Office of Native American Programs. 

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 


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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 Na6 tive American Housing Assistance and Self-Determination 

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

8 SEC. 2. OFFICE OF NATIVE AMERICAN PROGRAMS. 

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

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

11 the following: 

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

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

14 ‘‘(b) ESTABLISHMENT OF OFFICE OF ASSISTANT

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

16 Programs shall be the Assistant Secretary, to be appointed 

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

18 the Senate.’’. 


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1 TITLE I—BLOCK GRANTS AND 

2 GRANT REQUIREMENTS 

3 SEC. 101. TREATMENT OF PROGRAM INCOME AND LABOR 

4 STANDARDS. 

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

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

7 and inserting the following: 

8 ‘‘(1) AUTHORITY TO RETAIN.— 

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

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

12 any grant amounts under this Act if— 

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

14 initial disbursement of the grant amounts 

15 received by the recipient; and 

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

17 recipient will utilize the income for housing 

18 related activities in accordance with this 

19 Act. 

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

21 realized by a recipient from program income 

22 shall— 

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


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

2 and 

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

4 and inserting the following: 

5 ‘‘(3) APPLICATION OF TRIBAL LAWS.— 

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

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

9 that contract or agreement is otherwise covered 

10 by 1 or more laws or regulations adopted by an 

11 Indian tribe that requires the payment of not 

12 less than prevailing wages, as determined by 

13 the Indian tribe. 

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

16 administration of all Federal funding for 

17 projects funded in part by funds authorized 

18 under this Act.’’. 

19 SEC. 102. ENVIRONMENTAL REVIEW. 

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

21 at the end the following: 

22 ‘‘(e) ENVIRONMENTAL REVIEW.— 

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

24 provision of law or use of any other source of fund25 ing for the project, compliance with the environVerDate Sep 11 2014 23:37 Aug 05, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S710.PCS S710

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1 mental review requirements of this section shall sat2 isfy any other applicable environmental review re3 quirement under any other Federal law (including 

4 regulations) required to be carried out by any agen5 cy involved in the project. 

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

7 The Secretary shall coordinate compliance with any 

8 environmental review requirements with all impacted 

9 Federal agencies and Indian tribes.’’. 

10 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

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

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

13 ‘‘2016 through 2020’’. 

14 TITLE II—AFFORDABLE 

15 HOUSING ACTIVITIES 

16 SEC. 201. 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)’’; 

20 (2) by redesignating paragraph (2) as para21 graph (3); 

22 (3) by inserting after paragraph (1) the fol23 lowing: 

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

25 Paragraph (3) shall not apply if— 


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1 ‘‘(A) the recipient has a written policy gov2 erning rents and homebuyer payments charged 

3 for dwelling units; and 

4 ‘‘(B) that policy includes a provision gov5 erning maximum rents or homebuyer payments, 

6 including tenant protections.’’; and 

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

8 striking ‘‘In the case of’’ and inserting ‘‘In the ab9 sence of a written policy governing rents and home10 buyer payments, in the case of’’. 

11 SEC. 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN12 COME REQUIREMENT AND INCOME TAR13 GETING. 

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

15 (1) in subsection (a)(1)— 

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

17 ‘‘and’’ at the end; and 

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

19 ‘‘(E) notwithstanding any other provision 

20 of this paragraph, in the case of rental housing 

21 that is made available to a current rental family 

22 for conversion to a homebuyer or a lease-pur23 chase unit, that the current rental family can 

24 purchase through a contract of sale, lease-pur25 chase agreement, or any other sales agreement, 


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1 is made available for purchase only by the cur2 rent rental family, if the rental family was a 

3 low-income family at the time of their initial oc4 cupancy of such unit; and’’; and 

5 (2) in subsection (c)— 

6 (A) by striking ‘‘The provisions’’ and in7 serting the following: 

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

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

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

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

12 commitments for the remaining useful life of prop13 erty shall not apply to improvements of privately 

14 owned homes if the cost of the improvements do not 

15 exceed 10 percent of the maximum total develop16 ment cost for the home.’’. 

17 SEC. 203. LEASE REQUIREMENTS AND TENANT SELECTION. 

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

19 at the end the following: 

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

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

22 programs funded in part by amounts authorized under 

23 this Act.’’. 


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1 SEC. 204. SELF-DETERMINED HOUSING ACTIVITIES FOR 

2 TRIBAL COMMUNITIES. 

3 Subtitle B of title II (25 U.S.C. 4145 et seq.) is re4 pealed. 

5 SEC. 205. TOTAL DEVELOPMENT COST MAXIMUM PROJECT 

6 COST. 

7 Affordable housing (as defined in section 4 of the Na8 tive American Housing Assistance and Self-Determination 

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

10 or assisted under the block grant program established 

11 under section 101 of the Native American Housing Assist12 ance and Self-Determination Act of 1996 (25 U.S.C. 

13 4111) shall not exceed by more than 20 percent, without 

14 prior approval of the Secretary of Housing and Urban De15 velopment, the total development cost maximum cost for 

16 all housing assisted under an affordable housing activity, 

17 including development and model activities. 

18 TITLE III—ALLOCATION OF 

19 GRANT AMOUNTS 

20 SEC. 301. EFFECT OF UNDISBURSED BLOCK GRANT 

21 AMOUNTS ON ANNUAL ALLOCATIONS. 

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

23 is amended by adding at the end the following: 


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

2 ANNUAL ALLOCATIONS. 

3 ‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED

4 GRANT AMOUNTS.—Subject to subsection (d), if on Janu5 ary 1, 2018, or on any January 1 October 1, 2017, or on 

6 any October 1 thereafter, the total amount of undisbursed 

7 block grants for a recipient in the line of credit control 

8 system of the Department of Housing and Urban Develop9 ment is greater than 3 times the formula allocation the 

10 recipient would otherwise receive under this Act for the 

11 fiscal year during which January 1 occurs system (or a 

12 successor system) of the Department of Housing and Urban 

13 Development is greater than the sum of the initial alloca14 tions for the previous 3 fiscal years, the Secretary shall— 

15 ‘‘(1) not later than January 31 October 31 of 

16 that year, notify the Indian tribe allocated the grant 

17 amounts, and any tribally designated housing entity 

18 for the Indian tribe, of the undisbursed amounts; 

19 and 

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

21 not later than 30 days after the Secretary provides 

22 notification pursuant to paragraph (1)— 

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

24 the reasons why the recipient has not requested 

25 the disbursement of the amounts; and 


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

2 the Secretary that the recipient has the capac3 ity to spend Federal funds in an effective man4 ner, which may include evidence of the timely 

5 expenditure of amounts previously distributed 

6 to the recipient under this Act. 

7 ‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sec8 tions 301 and 302, the allocation for a recipient for a fis9 cal year described in subsection (a) shall be an amount 

10 equal to the difference between— 

11 ‘‘(1) the amount initially calculated according 

12 to the formula; minus 

13 ‘‘(2) an amount equal to the difference be14 tween— 

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

16 grants for the recipient in the line of credit con17 trol system of the Department of Housing and 

18 Urban Development on January 1 of the fiscal 

19 year; and 

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

21 for the fiscal year. 

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

23 301 and 302, the allocation for a recipient for a fiscal year 

24 described in subsection (a) shall be the greater of— 

25 ‘‘(1) an amount equal to the difference between— 


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1 ‘‘(A) the amount initially calculated accord2 ing to the formula; minus 

3 ‘‘(B) an amount equal to the difference be4 tween— 

5 ‘‘(i) the total amount of undisbursed 

6 block grants for the recipient in the line of 

7 credit control system (or a successor system) 

8 of the Department of Housing and Urban 

9 Development on October 1 of the fiscal year; 

10 and 

11 ‘‘(ii) the sum of the initial allocations 

12 for the previous 3 fiscal years; or 

13 ‘‘(2) the amount that the recipient would other14 wise receive under section 302(d). 

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

16 provision of law, any grant amounts not allocated to a re17 cipient pursuant to subsection (b) shall be allocated in ac18 cordance with sections 301 and 302. under the needs com19 ponent of the formula. 

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

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

22 year for which the amount allocated for the Indian tribe 

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

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


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1 ‘‘(1) requires the promulgation of any regula2 tion; or 

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

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

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

6 in section 1(b) (25 U.S.C. 4101 note) is amended by in7 serting after the item relating to section 302 the following: 

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

8 TITLE IV—COMPLIANCE, 

9 AUDITS, AND REPORTS 

10 SEC. 401. REPORTS TO CONGRESS. 

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

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

13 and inserting ‘‘Committee on Indian Affairs and the 

14 Committee on Banking, Housing and Urban Affairs 

15 of the Senate and the Committee on Financial Serv16 ices of the House of Representatives’’; and 

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

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

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

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

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

9 at the end the following: 

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 5 percent for a supported housing 

16 and rental assistance program modeled on 

17 the HUD-Veterans Affairs Supportive 

18 Housing program, to be administered in 

19 conjunction with the Department of Vet20 erans Affairs, for the benefit of homeless 

21 Native American veterans and veterans at 

22 risk of homelessness. 

23 ‘‘(ii) RECIPIENTS.—Funds made 

24 available under clause (i) shall be made 

25 available to recipients eligible to receive 


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1 block grants under the Native American 

2 Housing Assistance and Self-Determina3 tion Act of 1996 (25 U.S.C. 4101 et seq.). 

4 ‘‘(iii) FUNDING CRITERIA.—Funds 

5 made available under clause (i) shall be 

6 awarded based on need, administrative ca7 pacity, and any other funding criteria es8 tablished by the Secretary in a notice pub9 lished in the Federal Register, after con10 sultation with the Secretary of Veterans 

11 Affairs, by a date sufficient to provide for 

12 implementation of the program under this 

13 subparagraph in accordance with clause 

14 (i). 

15 ‘‘(iv) PROGRAM REQUIREMENTS.— 

16 Funds made available under clause (i) 

17 shall be administered by block grant recipi18 ents in accordance with the program re19 quirements of the Native American Hous20 ing Assistance and Self-Determination Act 

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

22 any program requirements of this Act. 

23 ‘‘(v) WAIVER.—The Secretary may 

24 waive, or specify alternative requirements 

25 for any provision of any law or regulation 


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1 that the Secretary administers in connec2 tion with the use of funds made available 

3 under this subparagraph, on a finding by 

4 the Secretary that a waiver or alternative 

5 requirement is necessary— 

6 ‘‘(I) to promote administrative 

7 efficiency; 

8 ‘‘(II) to eliminate delay; 

9 ‘‘(III) to consolidate or eliminate 

10 duplicative or ineffective requirements 

11 or criteria; or 

12 ‘‘(IV) to otherwise provide for the 

13 effective delivery and administration 

14 of the supportive housing and rental 

15 assistance program described in clause 

16 (i) with respect to Native American 

17 veterans. 

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

19 a date that is sufficient to provide for im20 plementation of the program under this 

21 subparagraph in accordance with clause 

22 (i), the Secretary and the Secretary of Vet23 erans Affairs shall jointly consult with 

24 block grant recipients and any other ap25 propriate tribal organizations to ensure— 


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1 ‘‘(I) that block grant recipients 

2 administering funds made available 

3 under clause (i) are able to effectively 

4 coordinate with providers of sup5 portive services provided in connection 

6 with the supportive housing and rent7 al assistance program described in 

8 that clause; and 

9 ‘‘(II) the effective delivery of sup10 portive services to Native American 

11 veterans that are homeless or at risk 

12 of homelessness and eligible to receive 

13 assistance under this subparagraph. 

14 ‘‘(vii) NOTICE.—After providing to In15 dian tribes and tribally designated housing 

16 agencies opportunity for comment and con17 sultation, the Secretary shall establish the 

18 requirements and criteria for the sup19 portive housing and rental assistance pro20 gram described in clause (i) by final notice 

21 published in the Federal Register.’’. 

22 SEC. 502. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RE23 STRICTED 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 ‘‘(in effect 

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

3 section)’’ after ‘‘law’’; and 

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

5 and inserting ‘‘99 years’’. 

6 SEC. 503. TRAINING AND TECHNICAL ASSISTANCE. 

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

8 follows: 

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

10 ‘‘The Secretary shall make available for assistance, 

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

12 regional organization representing Native American hous13 ing interests for providing training and technical assist14 ance to Indian housing authorities and tribally designated 

15 housing entities such sums as may be necessary for each 

16 fiscal year.’’. 

17 SEC. 504. LOAN GUARANTEES FOR INDIAN HOUSING. 

18 Section 184(i)(5) of the Housing and Community De19 velopment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

20 amended— 

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

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

23 authorized to be appropriated for those costs 

24 $12,200,000 for each of fiscal years 2016 through 

25 2020.’’; and 


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

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

3 TITLE VI—DEMONSTRATION 

4 PROGRAM FOR ALTERNATIVE 

5 PRIVATIZATION AUTHORITY 

6 FOR NATIVE AMERICAN 

7 HOUSING 

8 SEC. 601. DEMONSTRATION PROGRAM. 

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

10 ‘‘TITLE IX—DEMONSTRATION 

11 PROGRAM FOR ALTERNATIVE 

12 PRIVATIZATION AUTHORITY 

13 FOR NATIVE AMERICAN 

14 HOUSING 

15 ‘‘SEC. 901. DEFINITIONS. 

16 ‘‘In this title: 

17 ‘‘(1) AFFORDABLE HOUSING.—The term ‘af18 fordable housing’ has the meaning given the term in 

19 section 4. 

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

21 ‘housing infrastructure’ means basic facilities, serv22 ices, systems, and installations necessary or appro23 priate for the functioning of a housing community, 

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1 tions for water, sewage, power, communications, and 

2 transportation. 

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

4 lease’ means an agreement between a participating 

5 Indian tribe and a member of the participating In6 dian tribe that authorizes the member— 

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

8 for 50 or more years; and 

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

10 at least once. 

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

12 ‘participating Indian tribe’ means an Indian tribe 

13 for which a final plan under section 905 for partici14 pation in the demonstration program under this title 

15 has been approved by the Secretary under section 

16 906. 

17 ‘‘SEC. 902. AUTHORITY. 

18 ‘‘(a) IN GENERAL.—In addition to any other author19 ity provided in this Act for the construction, development, 

20 maintenance, and operation of housing for Indian families, 

21 the Secretary shall provide a participating Indian tribe 

22 having a final plan approved pursuant to section 906 with 

23 the authority to exercise the activities provided under this 

24 title and the plan for the acquisition and development of 


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1 housing to meet the needs of members of the participating 

2 Indian tribe. 

3 ‘‘(b) INAPPLICABILITY.—Except as otherwise specifi4 cally provided in this title, titles I through IV, VI, and 

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

6 Indian tribe during any period during which the Indian 

7 tribe is participating in the demonstration program under 

8 this title. 

9 ‘‘(c) APPLICABILITY.—The following provisions of ti10 tles I through VIII shall apply to the demonstration pro11 gram under this title and amounts made available under 

12 the demonstration program under this title: 

13 ‘‘(1) Subsections (d) and (e) of section 101 (re14 lating to tax exemption). 

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

16 sources). 

17 ‘‘(3) Section 101(k) (relating to tribal pref18 erence in employment and contracting). 

19 ‘‘(4) Section 104 (relating to treatment of pro20 gram income and labor standards). 

21 ‘‘(5) Section 105 (relating to environmental re22 view). 

23 ‘‘(6) Section 201(b) (relating to eligible fami24 lies), except as otherwise provided in this title. 


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

2 exemption for procurement of goods and services). 

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

4 interests in trust or restricted lands for housing pur5 poses). 

6 ‘‘SEC. 903. PARTICIPATING TRIBES. 

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

8 participate in the demonstration program under this title, 

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

10 intention to participate during the 60-day period begin11 ning on the date of enactment of this title, in such form 

12 and such manner as the Secretary shall require. 

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

14 under section 906 of the final plan of an Indian tribe for 

15 participation in the demonstration program under this 

16 title, the Secretary shall enter into a cooperative agree17 ment with the participating Indian tribe that provides the 

18 Indian tribe with the authority to carry out activities 

19 under the demonstration program. 

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

21 more than 20 Indian tribes for participation in the dem22 onstration program under this title. 


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1 ‘‘SEC. 904. REQUEST FOR QUOTES AND SELECTION OF IN2 VESTOR PARTNER. 

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

4 days after the date on which the Indian tribe submits no5 tice under section 903(a), the Indian tribe shall— 

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

7 assessing the housing needs, including the affordable 

8 housing needs, of the Indian tribe; and 

9 ‘‘(2) release a request for quotations from enti10 ties interested in partnering with the Indian tribe in 

11 designing and carrying out housing activities suffi12 cient to meet the housing needs of the Indian tribe 

13 as identified pursuant to paragraph (1). 

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

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), not later than 18 months after the date 

17 of enactment of this title, an Indian tribe requesting 

18 to participate in the demonstration program under 

19 this title shall— 

20 ‘‘(A) select an investor partner from 

21 among the entities that have responded to the 

22 request of the Indian tribe for quotations under 

23 subsection (a)(2); and 

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

25 establish and submit to the Secretary a final 


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1 plan that meets the requirements described in 

2 section 905. 

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

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

5 that— 

6 ‘‘(A) has not received any satisfactory 

7 quotation in response to the request released 

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

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

10 determined by the Secretary, for failure to se11 lect an investor partner. 

12 ‘‘SEC. 905. FINAL PLAN. 

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

14 the demonstration program under this title shall— 

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

16 investor partner of the Indian tribe selected under 

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

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

19 the Indian tribe in assessing the housing needs of 

20 the Indian tribe; 

21 ‘‘(3) set forth a detailed description of the pro22 jected housing needs, including affordable housing 

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

24 ‘‘(A) a description of those projected hous25 ing needs over— 


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

2 date of submission of the final plan; and 

3 ‘‘(ii) the period that is the earlier-end4 ing period of— 

5 ‘‘(I) the 5-year period following 

6 the expiration of the 2-year period de7 scribed in clause (i); and 

8 ‘‘(II) the period ending on the 

9 date on which those projected housing 

10 needs are met; and 

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

12 required under section 102 to be included in an 

13 Indian housing plan for the Indian tribe, as 

14 modified by the Secretary to take consideration 

15 of the requirements of the demonstration pro16 gram under this title; 

17 ‘‘(4) provide for specific housing activities suffi18 cient to meet the housing needs of the Indian tribe, 

19 including affordable housing needs, as identified pur20 suant to paragraph (3) within the time periods re21 ferred to in that paragraph, which shall include— 

22 ‘‘(A) development of affordable housing; 

23 ‘‘(B) development of conventional homes 

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


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1 combined with affordable housing developed 

2 pursuant to subparagraph (A); 

3 ‘‘(C) development of housing infrastruc4 ture, including housing infrastructure sufficient 

5 to serve affordable housing developed under the 

6 final plan; and 

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

8 the Indian tribe, members of the Indian tribe, 

9 and financial institutions and other outside in10 vestors necessary to provide financing for the 

11 development of housing under the final plan 

12 and for mortgages for members of Indian tribes 

13 purchasing that housing; 

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

15 provide long-term leases to members of the Indian 

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

17 and sale of, the housing developed pursuant to para18 graph (4); 

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

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

21 mortgage agreements for housing developed 

22 under the final plan that are financed under the 

23 final plan and entered into by members of the 

24 Indian tribe; and 


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1 ‘‘(B) shall, on foreclosure under a mort2 gage described in subparagraph (A), take pos3 session of the housing and have the responsi4 bility for making the housing available to other 

5 members of the Indian tribe; 

6 ‘‘(7) provide for sufficient protections, as deter7 mined by the Secretary, to ensure that the Indian 

8 tribe and the Federal Government are not liable for 

9 the acts of the investor partner or of any contrac10 tors; 

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

12 sole final approval of the design and location of 

13 housing developed under the final plan; and 

14 ‘‘(9) set forth— 

15 ‘‘(A) specific deadlines and schedules for 

16 activities to be carried out under the final plan; 

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

18 and the investor partner; 

19 ‘‘(C) specific terms and conditions— 

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

21 investor partner and other investors under 

22 the plan; and 

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

24 shall pledge grant amounts allocated for 


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1 the Indian tribe pursuant to title III for 

2 that return on investment; 

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

4 on the operation and management of the cur5 rent assistance housing stock and current hous6 ing stock for the Indian tribe assisted under ti7 tles I through VIII; 

8 ‘‘(E)(i) any plans for the sale of the af9 fordable housing of the Indian tribe under sec10 tion 906; and 

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

12 plans sufficient to meet the requirements of sec13 tion 906 regarding meeting future affordable 

14 housing needs of the Indian tribe; 

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

16 plan, including an agreement regarding jurisdic17 tion of any actions under or to enforce the final 

18 plan, including a waiver of immunity; and 

19 ‘‘(G) any other information determined ap20 propriate by the Indian tribe and the investor 

21 partner. 

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

23 ‘‘(a) IN GENERAL.— 

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

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


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1 plan under section 905 to the Secretary, the Sec2 retary shall— 

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

4 which the Indian tribe solicited requests for 

5 quotations from investors and selected the in6 vestor partner under section 904(b)(1); and 

7 ‘‘(B) approve or disapprove the plan in ac8 cordance with paragraphs (2) and (3). 

9 ‘‘(2) APPROVAL.— 

10 ‘‘(A) IN GENERAL.—After the review de11 scribed in paragraph (1), the Secretary shall 

12 approve the plan, unless the Secretary deter13 mines that— 

14 ‘‘(i) the assessment of the housing 

15 needs of the Indian tribe by the qualified 

16 entity, or as set forth in the plan pursuant 

17 to section 905(3), is inaccurate or insuffi18 cient; 

19 ‘‘(ii) the process established by the In20 dian tribe to solicit requests for quotations 

21 and select an investor partner was insuffi22 cient or negligent; or 

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

24 the housing needs of the Indian tribe, as 


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1 identified in the plan pursuant to section 

2 905(3). 

3 ‘‘(B) OPPORTUNITY FOR REVISION.—Ex4 cept as provided in paragraph (3), the Sec5 retary shall approve a plan determined insuffi6 cient under subparagraph (A), on the condition 

7 that the Indian tribe and the investor partner 

8 make such revisions to the plan as the Sec9 retary may require to meet the needs of the In10 dian tribe for affordable housing. 

11 ‘‘(3) DISAPPROVAL.—The Secretary may dis12 approve the plan only if— 

13 ‘‘(A) the Secretary determines that the 

14 plan fails to meet the minimal housing stand15 ards and requirements of this Act; and 

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

17 of the elements requiring the disapproval. 

18 ‘‘(b) ACTION UPON DISAPPROVAL.— 

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

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

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

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

23 180 days beginning on the date of the notification 

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

25 plan for approval. 


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1 ‘‘(2) LIMITATION.—If the final plan for an In2 dian tribe is resubmitted pursuant to paragraph (1) 

3 and the Secretary disapproves the plan a second 

4 time, the Indian tribe— 

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

6 and 

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

8 demonstration program under this title. 

9 ‘‘(c) TRIBAL AUTHORITY OVER HOUSING DESIGN

10 AND LOCATION.—The Secretary may not disapprove a 

11 final plan under section 905 or condition approval of that 

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

13 be developed or assisted under the plan. 

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

15 not notify an Indian tribe submitting a final plan of ap16 proval, conditional approval, or disapproval of the plan be17 fore the expiration of the period referred to in subsection 

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

19 of this title. 

20 ‘‘SEC. 907. TREATMENT OF ALLOCATION. 

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

22 a participating Indian tribe under title III— 

23 ‘‘(1) shall not be made available to the partici24 pating Indian tribe under titles I through VIII; and 


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

2 Indian tribe, on request by the participating Indian 

3 tribe and approval by the Secretary, for the purposes 

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

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

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

7 payment of any amounts pledged by a participating Indian 

8 tribe pursuant to section 905(9)(C) for return on the in9 vestment made by the investor partner or other investors. 

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

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

12 of the participating Indian tribe, not greater than 10 per13 cent of any annual allocation made under title III for the 

14 participating Indian tribe during that fiscal year for the 

15 administrative costs of the participating Indian tribe in 

16 carrying out the requirements of sections 904 and 905. 

17 ‘‘(d) HOUSING INFRASTRUCTURE COSTS.—A partici18 pating Indian tribe may use the amounts described in sub19 section (a) for housing infrastructure costs associated with 

20 providing affordable housing for the participating Indian 

21 tribe under the final plan. 

22 ‘‘(e) MAINTENANCE; TENANT SERVICES.—A partici23 pating Indian tribe may use the amounts described in sub24 section (a) for maintenance of affordable housing for the 

25 participating Indian tribe and for the eligible affordable 


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

2 of section 202. 

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

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

5 participating Indian tribe may, in accordance with the pro6 visions of the final plan of the participating Indian tribe 

7 approved pursuant to section 906, resell any affordable 

8 housing developed with assistance made available under 

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

10 condition that the tribe provides such assurances as the 

11 Secretary determines are appropriate to ensure that the 

12 participating Indian tribe— 

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

14 of the participating Indian tribe; 

15 ‘‘(2) will provide affordable housing in the fu16 ture sufficient to meet future affordable housing 

17 needs; and 

18 ‘‘(3) will use any proceeds only— 

19 ‘‘(A) to meet those future affordable hous20 ing needs; or 

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

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

23 ‘‘(a) ANNUAL REPORTS BY TRIBE.—Each partici24 pating Indian tribe shall submit to the Secretary annually 

25 a report— 


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

2 Indian tribe in complying with, and meeting the 

3 deadlines and schedules set forth in, the approved 

4 final plan for the participating Indian tribe; and 

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

6 Secretary may require. 

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

8 submit to Congress annually a report describing the activi9 ties and progress of the demonstration program under this 

10 title, including— 

11 ‘‘(1) a summary of the information in the re12 ports submitted under subsection (a); 

13 ‘‘(2) the number of Indian tribes that have se14 lected an investor partner pursuant to a request for 

15 quotations under section 904; 

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

17 the demonstration program the final plan of which 

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

19 description and explanation of— 

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

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

22 to eliminate the reasons for disapproval, and an 

23 identification of whether the tribe has re-sub24 mitted a final plan; 


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

2 tribe, of any amounts requested and approved for 

3 use under section 907; and 

4 ‘‘(5) an identification of any participating In5 dian tribes that have terminated participation in the 

6 demonstration program and the circumstances of the 

7 terminations. 

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

9 among participating Indian tribes to ensure implementa10 tion and compliance with the final plans for the partici11 pating Indian tribes, including on-site visits with partici12 pating Indian tribes and requests for documentation ap13 propriate to ensure the compliance. 

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

15 ‘‘(a) TERMINATION OF PARTICIPATION.—A partici16 pating Indian tribe may terminate participation in the 

17 demonstration program under this title at any time, sub18 ject to this section. 

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

20 ‘‘(1) NO AUTOMATIC TERMINATION.—Termi21 nation by a participating Indian tribe in the dem22 onstration program under this section shall not ter23 minate any obligations of the Indian tribe under 

24 agreements entered into under the demonstration 


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1 program with the investor partner of the Indian 

2 tribe or any other investors or contractors. 

3 ‘‘(2) AUTHORITY TO MUTUALLY TERMINATE

4 AGREEMENTS.—Nothing in this title prevents an In5 dian tribe that terminates participation in the dem6 onstration program and any party with which the 

7 Indian tribe has entered into an agreement from 

8 mutually agreeing to terminate that agreement. 

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

10 The Secretary shall provide for grants to be made in ac11 cordance with, and subject to the requirements of, this Act 

12 for any amounts remaining after use pursuant to section 

13 907 from the allocation under title III for an Indian tribe 

14 that terminates participation in the demonstration pro15 gram. 

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

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

18 Indian tribe during its participation in the demonstration 

19 program under this title. 

20 ‘‘SEC. 911. FINAL REPORT. 

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

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

23 describing the effectiveness of the demonstration program, 

24 which shall include— 


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

2 demonstration program of participating Indian 

3 tribes in meeting the housing needs of the partici4 pating Indian tribe, including affordable housing 

5 needs, on tribal land; 

6 ‘‘(2) recommendations for any improvements to 

7 the demonstration program; and 

8 ‘‘(3) a determination of whether the demonstra9 tion program should be expanded into a permanent 

10 program available for Indian tribes to opt into at 

11 any time and, if so, recommendations for that ex12 pansion, including any legislative actions necessary 

13 to expand the program. 

14 ‘‘SEC. 912. NOTICE. 

15 ‘‘The Secretary shall establish any requirements and 

16 criteria necessary to carry out the demonstration program 

17 under this title by notice published in the Federal Reg18 ister.’’. 

19 SEC. 602. CLERICAL AMENDMENTS. 

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

21 adding 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. 


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‘‘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: 

6 ‘‘SEC. 706. COMMUNITY-BASED DEVELOPMENT ORGANIZA7 TION. 

8 ‘‘A tribally designated housing entity shall qualify as 

9 a community-based development organization for purposes 

10 of the Indian Community Development Block Grant pro11 gram authorized under section 106(a) of the Housing and 


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

2 5306(a)).’’. 

3 SEC. 702. ELIMINATION OF LIMITATION ON USE FOR CHER4 OKEE NATION. 

5 Section 801 of the Native American Housing Assist6 ance and Self-Determination Reauthorization Act of 2008 

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

8 SEC. 703. REAUTHORIZATION OF NATIVE HAWAIIAN HOME9 OWNERSHIP ACT. 

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

11 ‘‘2001, 2002, 2003, 2004, and 2005,’’ and inserting 

12 ‘‘2016, 2017, 2018, 2019, and 2020’’. 

13 SEC. 704. REAUTHORIZATION OF LOAN GUARANTEES FOR 

14 NATIVE HAWAIIAN HOUSING. 

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

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

17 amended— 

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

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

20 authorized to be appropriated for those costs 

21 $386,000 for each of fiscal years 2016 through 

22 2020.’’; and 

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

24 of fiscal years’’ and all that follows through the pe25 riod at the end and inserting ‘‘for each of fiscal 


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1 years 2016 through 2020 with an aggregate out2 standing principal amount not exceeding 

3 $41,504,000 for each fiscal year.’’. 

4 SEC. 705. LEVERAGING. 

5 All funds provided under a grant made pursuant to 

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

7 for purposes of meeting matching or cost participation re8 quirements under any other Federal or non-Federal pro9 gram. 

10 SEC. 706. FUNDING FOR METHAMPHETAMINE CLEAN-UP 

11 PROJECTS. 

12 Section 5124(a)(7) of the Public and Assisted Hous13 ing Drug Elimination Act of 1990 (42 U.S.C. 

14 11903(a)(7)) is amended by inserting ‘‘or to implement 

15 methamphetamine clean-up projects’’ before the semi16 colon. 


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Calendar No. 197 

114TH CONGRESS 

1ST SESSION S. 710 

A BILL 

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

AUGUST 5, 2015 

Committee discharged pursuant to the order of May 27, 

1988, and placed on the calendar 


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