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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 710 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 197
114th CONGRESS
  1st Session
                                 S. 710

    To reauthorize the Native American Housing Assistance and Self-
           Determination 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Native American 
Housing Assistance and Self-Determination Reauthorization Act of 
2015''.
    (b) Table of Contents.--The table of contents for 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

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.
    (c) References.--Except as otherwise expressly provided, wherever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Native American Housing Assistance and Self-Determination Act of 1996 
(25 U.S.C. 4101 et seq.).

SEC. 2. OFFICE OF NATIVE AMERICAN PROGRAMS.

    Section 3 (25 U.S.C. 4102) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
    ``(a) In General.--The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Establishment of Office of Assistant Secretary.--The head of 
the Office of Native American Programs shall be the Assistant 
Secretary, to be appointed by the President, by and with the advice and 
consent of the Senate.''.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

SEC. 101. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

    Section 104 (25 U.S.C. 4114) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) Authority to retain.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act, a recipient may retain any 
                program income that is realized from any grant amounts 
                under this Act if--
                            ``(i) the income was realized after the 
                        initial disbursement of the grant amounts 
                        received by the recipient; and
                            ``(ii) the recipient has agreed that the 
                        recipient will utilize the income for housing 
                        related activities in accordance with this Act.
                    ``(B) Requirements.--Any income that is realized by 
                a recipient from program income shall--
                            ``(i) be considered nonprogram income; and
                            ``(ii) have no restrictions on use.''; and
            (2) in subsection (b), by striking paragraph (3) and 
        inserting the following:
            ``(3) Application of tribal laws.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                any contract or agreement for assistance, sale, or 
                lease pursuant to this Act, if that contract or 
                agreement is otherwise covered by 1 or more laws or 
                regulations adopted by an Indian tribe that requires 
                the payment of not less than prevailing wages, as 
                determined by the Indian tribe.
                    ``(B) Wages.--The prevailing wages described in 
                subparagraph (A) shall apply to the administration of 
                all Federal funding for projects funded in part by 
                funds authorized under this Act.''.

SEC. 102. ENVIRONMENTAL REVIEW.

    Section 105 (25 U.S.C. 4115) is amended by adding at the end the 
following:
    ``(e) Environmental Review.--
            ``(1) In general.--Notwithstanding any other provision of 
        law or use of any other source of funding for the project, 
        compliance with the environmental review requirements of this 
        section shall satisfy any other applicable environmental review 
        requirement under any other Federal law (including regulations) 
        required to be carried out by any agency involved in the 
        project.
            ``(2) Coordination with other agencies.--The Secretary 
        shall coordinate compliance with any environmental review 
        requirements with all impacted Federal agencies and Indian 
        tribes.''.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    Section 108 (25 U.S.C. 4117) is amended in the first sentence by 
striking ``2009 through 2013'' and inserting ``2016 through 2020''.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

SEC. 201. PROGRAM REQUIREMENTS.

    Section 203(a) (25 U.S.C. 4133(a)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following:
            ``(2) Application of tribal policies.--Paragraph (3) shall 
        not apply if--
                    ``(A) the recipient has a written policy governing 
                rents and homebuyer payments charged for dwelling 
                units; and
                    ``(B) that policy includes a provision governing 
                maximum rents or homebuyer payments, including tenant 
                protections.''; and
            (4) in paragraph (3) (as so redesignated), by striking ``In 
        the case of'' and inserting ``In the absence of a written 
        policy governing rents and homebuyer payments, in the case 
        of''.

SEC. 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND 
              INCOME TARGETING.

    Section 205 (25 U.S.C. 4135) is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(E) notwithstanding any other provision of this 
                paragraph, in the case of rental housing that is made 
                available to a current rental family for conversion to 
                a homebuyer or a lease-purchase unit, that the current 
                rental family can purchase through a contract of sale, 
                lease-purchase agreement, or any other sales agreement, 
                is made available for purchase only by the current 
                rental family, if the rental family was a low-income 
                family at the time of their initial occupancy of such 
                unit; and''; and
            (2) in subsection (c)--
                    (A) by striking ``The provisions'' and inserting 
                the following:
            ``(1) In general.--The provisions''; and
                    (B) by adding at the end the following:
            ``(2) Applicability to improvements.--The provisions of 
        subsection (a)(2) regarding binding commitments for the 
        remaining useful life of property shall not apply to 
        improvements of privately owned homes if the cost of the 
        improvements do not exceed 10 percent of the maximum total 
        development cost for the home.''.

SEC. 203. LEASE REQUIREMENTS AND TENANT SELECTION.

    Section 207 (25 U.S.C. 4137) is amended by adding at the end the 
following:
    ``(c) Notice of Termination.--The notice period described in 
subsection (a)(3) shall apply to projects and programs funded in part 
by amounts authorized under this Act.''.

SEC. 204. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL COMMUNITIES.

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

SEC. 205. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.

    Affordable housing (as defined in section 4 of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) 
that is developed, acquired, or assisted under the block grant program 
established under section 101 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by 
more than 20 percent, without prior approval of the Secretary of 
Housing and Urban Development, the total development cost maximum cost 
for all housing assisted under an affordable housing activity, 
including development and model activities.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

SEC. 301. EFFECT OF UNDISBURSED BLOCK GRANT AMOUNTS ON ANNUAL 
              ALLOCATIONS.

    (a) In General.--Title III (25 U.S.C. 4151 et seq.) is amended by 
adding at the end the following:

``SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS.

    ``(a) Notification of Obligated, Undisbursed Grant Amounts.--
Subject to subsection (d), if on January 1, 2018, or on any January 1 
October 1, 2017, or on any October 1 thereafter, the total amount of 
undisbursed block grants for a recipient in the line of credit control 
system of the Department of Housing and Urban Development is greater 
than 3 times the formula allocation the recipient would otherwise 
receive under this Act for the fiscal year during which January 1 
occurs system (or a successor system) of the Department of Housing and 
Urban Development is greater than the sum of the initial allocations 
for the previous 3 fiscal years, the Secretary shall--
            ``(1) not later than January 31 October 31 of that year, 
        notify the Indian tribe allocated the grant amounts, and any 
        tribally designated housing entity for the Indian tribe, of the 
        undisbursed amounts; and
            ``(2) require the recipient for the Indian tribe, not later 
        than 30 days after the Secretary provides notification pursuant 
        to paragraph (1)--
                    ``(A) to notify the Secretary in writing of the 
                reasons why the recipient has not requested the 
                disbursement of the amounts; and
                    ``(B) to demonstrate to the satisfaction of the 
                Secretary that the recipient has the capacity to spend 
                Federal funds in an effective manner, which may include 
                evidence of the timely expenditure of amounts 
                previously distributed to the recipient under this Act.
<DELETED>    ``(b) Allocation Amount.--Notwithstanding sections 301 and 
302, the allocation for a recipient for a fiscal year described in 
subsection (a) shall be an amount equal to the difference between--
</DELETED>
        <DELETED>    ``(1) the amount initially calculated according to 
        the formula; minus</DELETED>
        <DELETED>    ``(2) an amount equal to the difference between--
        </DELETED>
                <DELETED>    ``(A) the total amount of undisbursed 
                block grants for the recipient in the line of credit 
                control system of the Department of Housing and Urban 
                Development on January 1 of the fiscal year; 
                and</DELETED>
                <DELETED>    ``(B) 3 times the initial formula amount 
                for the fiscal year.</DELETED>
    ``(b) Allocation Amount.--Notwithstanding sections 301 and 302, the 
allocation for a recipient for a fiscal year described in subsection 
(a) shall be the greater of--
            ``(1) an amount equal to the difference between--
                    ``(A) the amount initially calculated according to 
                the formula; minus
                    ``(B) an amount equal to the difference between--
                            ``(i) the total amount of undisbursed block 
                        grants for the recipient in the line of credit 
                        control system (or a successor system) of the 
                        Department of Housing and Urban Development on 
                        October 1 of the fiscal year; and
                            ``(ii) the sum of the initial allocations 
                        for the previous 3 fiscal years; or
            ``(2) the amount that the recipient would otherwise receive 
        under section 302(d).
    ``(c) Reallocation.--Notwithstanding any other provision of law, 
any grant amounts not allocated to a recipient pursuant to subsection 
(b) shall be allocated in accordance with sections 301 and 302. under 
the needs component of the formula.
    ``(d) Inapplicability.--Subsections (a) and (b) shall not apply to 
an Indian tribe with respect to any fiscal year for which the amount 
allocated for the Indian tribe for block grants under this Act is less 
than $5,000,000.
    ``(e) Effect.--Nothing in this section--
            ``(1) requires the promulgation of any regulation; or
            ``(2) confers hearing rights under this section or any 
        other provision of this Act.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) (25 
U.S.C. 4101 note) is amended by inserting after the item relating to 
section 302 the following:

``Sec. 303. Effect of undisbursed grant amounts on annual 
                            allocations.''.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

SEC. 401. REPORTS TO CONGRESS.

    Section 407 (25 U.S.C. 4167) is amended--
            (1) in subsection (a), by striking ``Congress'' and 
        inserting ``Committee on Indian Affairs and the Committee on 
        Banking, Housing and Urban Affairs of the Senate and the 
        Committee on Financial Services of the House of 
        Representatives''; and
            (2) by adding at the end the following:
    ``(c) Public Availability.--The report described in subsection (a) 
shall be made publicly available, including to recipients.''.

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR NATIVE 
              AMERICAN VETERANS.

    Section 8(o)(19) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
                    ``(D) Native american veterans.--
                            ``(i) Authority.--Of the funds made 
                        available for rental assistance under this 
                        subsection for fiscal year 2015 and each fiscal 
                        year thereafter, the Secretary shall set aside 
                        5 percent for a supported housing and rental 
                        assistance program modeled on the HUD-Veterans 
                        Affairs Supportive Housing program, to be 
                        administered in conjunction with the Department 
                        of Veterans Affairs, for the benefit of 
                        homeless Native American veterans and veterans 
                        at risk of homelessness.
                            ``(ii) Recipients.--Funds made available 
                        under clause (i) shall be made available to 
                        recipients eligible to receive block grants 
                        under the Native American Housing Assistance 
                        and Self-Determination Act of 1996 (25 U.S.C. 
                        4101 et seq.).
                            ``(iii) Funding criteria.--Funds made 
                        available under clause (i) shall be awarded 
                        based on need, administrative capacity, and any 
                        other funding criteria established by the 
                        Secretary in a notice published in the Federal 
                        Register, after consultation with the Secretary 
                        of Veterans Affairs, by a date sufficient to 
                        provide for implementation of the program under 
                        this subparagraph in accordance with clause 
                        (i).
                            ``(iv) Program requirements.--Funds made 
                        available under clause (i) shall be 
                        administered by block grant recipients in 
                        accordance with the program requirements of the 
                        Native American Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 4101 et 
                        seq.) in lieu of any program requirements of 
                        this Act.
                            ``(v) Waiver.--The Secretary may waive, or 
                        specify alternative requirements for any 
                        provision of any law or regulation that the 
                        Secretary administers in connection with the 
                        use of funds made available under this 
                        subparagraph, on a finding by the Secretary 
                        that a waiver or alternative requirement is 
                        necessary--
                                    ``(I) to promote administrative 
                                efficiency;
                                    ``(II) to eliminate delay;
                                    ``(III) to consolidate or eliminate 
                                duplicative or ineffective requirements 
                                or criteria; or
                                    ``(IV) to otherwise provide for the 
                                effective delivery and administration 
                                of the supportive housing and rental 
                                assistance program described in clause 
                                (i) with respect to Native American 
                                veterans.
                            ``(vi) Consultation.--Not later than a date 
                        that is sufficient to provide for 
                        implementation of the program under this 
                        subparagraph in accordance with clause (i), the 
                        Secretary and the Secretary of Veterans Affairs 
                        shall jointly consult with block grant 
                        recipients and any other appropriate tribal 
                        organizations to ensure--
                                    ``(I) that block grant recipients 
                                administering funds made available 
                                under clause (i) are able to 
                                effectively coordinate with providers 
                                of supportive services provided in 
                                connection with the supportive housing 
                                and rental assistance program described 
                                in that clause; and
                                    ``(II) the effective delivery of 
                                supportive services to Native American 
                                veterans that are homeless or at risk 
                                of homelessness and eligible to receive 
                                assistance under this subparagraph.
                            ``(vii) Notice.--After providing to Indian 
                        tribes and tribally designated housing agencies 
                        opportunity for comment and consultation, the 
                        Secretary shall establish the requirements and 
                        criteria for the supportive housing and rental 
                        assistance program described in clause (i) by 
                        final notice published in the Federal 
                        Register.''.

SEC. 502. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR 
              HOUSING PURPOSES.

    Section 702 (25 U.S.C. 4211) is amended--
            (1) in subsection (c)(1), by inserting ``(in effect before, 
        on, or after the date of enactment of this section)'' after 
        ``law''; and
            (2) by striking ``50 years'' each place it appears and 
        inserting ``99 years''.

SEC. 503. TRAINING AND TECHNICAL ASSISTANCE.

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

``SEC. 703. TRAINING AND TECHNICAL ASSISTANCE.

    ``The Secretary shall make available for assistance, to be awarded 
on a competitive basis, for a national or regional organization 
representing Native American housing interests for providing training 
and technical assistance to Indian housing authorities and tribally 
designated housing entities such sums as may be necessary for each 
fiscal year.''.

SEC. 504. LOAN GUARANTEES FOR INDIAN HOUSING.

    Section 184(i)(5) of the Housing and Community Development Act of 
1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
            (1) in subparagraph (B), by inserting after the period at 
        the end of the first sentence ``There are authorized to be 
        appropriated for those costs $12,200,000 for each of fiscal 
        years 2016 through 2020.''; and
            (2) in subparagraph (C), by striking ``2008 through 2012'' 
        and inserting ``2016 through 2020''.

TITLE VI--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION AUTHORITY 
                      FOR NATIVE AMERICAN HOUSING

SEC. 601. DEMONSTRATION PROGRAM.

    At the end of the Act, add the following:

    ``TITLE IX--DEMONSTRATION PROGRAM FOR ALTERNATIVE PRIVATIZATION 
                 AUTHORITY FOR NATIVE AMERICAN HOUSING

``SEC. 901. DEFINITIONS.

    ``In this title:
            ``(1) Affordable housing.--The term `affordable housing' 
        has the meaning given the term in section 4.
            ``(2) Housing infrastructure.--The term `housing 
        infrastructure' means basic facilities, services, systems, and 
        installations necessary or appropriate for the functioning of a 
        housing community, including facilities, services, systems, and 
        installations for water, sewage, power, communications, and 
        transportation.
            ``(3) Long-term lease.--The term `long-term lease' means an 
        agreement between a participating Indian tribe and a member of 
        the participating Indian tribe that authorizes the member--
                    ``(A) to occupy a specific plot of tribal land for 
                50 or more years; and
                    ``(B) to request renewal of the agreement at least 
                once.
            ``(4) Participating indian tribe.--The term `participating 
        Indian tribe' means an Indian tribe for which a final plan 
        under section 905 for participation in the demonstration 
        program under this title has been approved by the Secretary 
        under section 906.

``SEC. 902. AUTHORITY.

    ``(a) In General.--In addition to any other authority provided in 
this Act for the construction, development, maintenance, and operation 
of housing for Indian families, the Secretary shall provide a 
participating Indian tribe having a final plan approved pursuant to 
section 906 with the authority to exercise the activities provided 
under this title and the plan for the acquisition and development of 
housing to meet the needs of members of the participating Indian tribe.
    ``(b) Inapplicability.--Except as otherwise specifically provided 
in this title, titles I through IV, VI, and VII shall not apply to the 
use of funds by a participating Indian tribe during any period during 
which the Indian tribe is participating in the demonstration program 
under this title.
    ``(c) Applicability.--The following provisions of titles I through 
VIII shall apply to the demonstration program under this title and 
amounts made available under the demonstration program under this 
title:
            ``(1) Subsections (d) and (e) of section 101 (relating to 
        tax exemption).
            ``(2) Section 101(j) (relating to Federal supply sources).
            ``(3) Section 101(k) (relating to tribal preference in 
        employment and contracting).
            ``(4) Section 104 (relating to treatment of program income 
        and labor standards).
            ``(5) Section 105 (relating to environmental review).
            ``(6) Section 201(b) (relating to eligible families), 
        except as otherwise provided in this title.
            ``(7) Section 203(g) (relating to a de minimis exemption 
        for procurement of goods and services).
            ``(8) Section 702 (relating to 99-year leasehold interests 
        in trust or restricted lands for housing purposes).

``SEC. 903. PARTICIPATING TRIBES.

    ``(a) Request To Participate.--To be eligible to participate in the 
demonstration program under this title, an Indian tribe shall submit to 
the Secretary a notice of intention to participate during the 60-day 
period beginning on the date of enactment of this title, in such form 
and such manner as the Secretary shall require.
    ``(b) Cooperative Agreement.--On approval under section 906 of the 
final plan of an Indian tribe for participation in the demonstration 
program under this title, the Secretary shall enter into a cooperative 
agreement with the participating Indian tribe that provides the Indian 
tribe with the authority to carry out activities under the 
demonstration program.
    ``(c) Limitation.--The Secretary shall not approve more than 20 
Indian tribes for participation in the demonstration program under this 
title.

``SEC. 904. REQUEST FOR QUOTES AND SELECTION OF INVESTOR PARTNER.

    ``(a) Request for Quotes.--Not later than 180 days after the date 
on which the Indian tribe submits notice under section 903(a), the 
Indian tribe shall--
            ``(1) obtain assistance from a qualified entity in 
        assessing the housing needs, including the affordable housing 
        needs, of the Indian tribe; and
            ``(2) release a request for quotations from entities 
        interested in partnering with the Indian tribe in designing and 
        carrying out housing activities sufficient to meet the housing 
        needs of the Indian tribe as identified pursuant to paragraph 
        (1).
    ``(b) Selection of Investor Partner.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        later than 18 months after the date of enactment of this title, 
        an Indian tribe requesting to participate in the demonstration 
        program under this title shall--
                    ``(A) select an investor partner from among the 
                entities that have responded to the request of the 
                Indian tribe for quotations under subsection (a)(2); 
                and
                    ``(B) together with that investor partner, 
                establish and submit to the Secretary a final plan that 
                meets the requirements described in section 905.
            ``(2) Exceptions.--The Secretary may extend the period 
        under paragraph (1) for any Indian tribe that--
                    ``(A) has not received any satisfactory quotation 
                in response to the request released pursuant to 
                subsection (a)(2); or
                    ``(B) has any other satisfactory reason, as 
                determined by the Secretary, for failure to select an 
                investor partner.

``SEC. 905. FINAL PLAN.

    ``A final plan of an Indian tribe for participation in the 
demonstration program under this title shall--
            ``(1) be developed by the Indian tribe and the investor 
        partner of the Indian tribe selected under section 
        904(b)(1)(A);
            ``(2) identify the qualified entity that assisted the 
        Indian tribe in assessing the housing needs of the Indian 
        tribe;
            ``(3) set forth a detailed description of the projected 
        housing needs, including affordable housing needs, of the 
        Indian tribe, which shall include--
                    ``(A) a description of those projected housing 
                needs over--
                            ``(i) the 2-year period following the date 
                        of submission of the final plan; and
                            ``(ii) the period that is the earlier-
                        ending period of--
                                    ``(I) the 5-year period following 
                                the expiration of the 2-year period 
                                described in clause (i); and
                                    ``(II) the period ending on the 
                                date on which those projected housing 
                                needs are met; and
                    ``(B) the same information that would be required 
                under section 102 to be included in an Indian housing 
                plan for the Indian tribe, as modified by the Secretary 
                to take consideration of the requirements of the 
                demonstration program under this title;
            ``(4) provide for specific housing activities sufficient to 
        meet the housing needs of the Indian tribe, including 
        affordable housing needs, as identified pursuant to paragraph 
        (3) within the time periods referred to in that paragraph, 
        which shall include--
                    ``(A) development of affordable housing;
                    ``(B) development of conventional homes for rental, 
                lease-to-own, or sale, which may be combined with 
                affordable housing developed pursuant to subparagraph 
                (A);
                    ``(C) development of housing infrastructure, 
                including housing infrastructure sufficient to serve 
                affordable housing developed under the final plan; and
                    ``(D) investments by the investor partner, the 
                Indian tribe, members of the Indian tribe, and 
                financial institutions and other outside investors 
                necessary to provide financing for the development of 
                housing under the final plan and for mortgages for 
                members of Indian tribes purchasing that housing;
            ``(5) provide that the Indian tribe will agree to provide 
        long-term leases to members of the Indian tribe sufficient for 
        lease-to-own arrangements for, and sale of, the housing 
        developed pursuant to paragraph (4);
            ``(6) provide that the Indian tribe--
                    ``(A) will be liable for delinquencies under 
                mortgage agreements for housing developed under the 
                final plan that are financed under the final plan and 
                entered into by members of the Indian tribe; and
                    ``(B) shall, on foreclosure under a mortgage 
                described in subparagraph (A), take possession of the 
                housing and have the responsibility for making the 
                housing available to other members of the Indian tribe;
            ``(7) provide for sufficient protections, as determined by 
        the Secretary, to ensure that the Indian tribe and the Federal 
        Government are not liable for the acts of the investor partner 
        or of any contractors;
            ``(8) provide that the Indian tribe shall have sole final 
        approval of the design and location of housing developed under 
        the final plan; and
            ``(9) set forth--
                    ``(A) specific deadlines and schedules for 
                activities to be carried out under the final plan;
                    ``(B) the responsibilities of the Indian tribe and 
                the investor partner;
                    ``(C) specific terms and conditions--
                            ``(i) for return on investment by the 
                        investor partner and other investors under the 
                        plan; and
                            ``(ii) to provide that the Indian tribe 
                        shall pledge grant amounts allocated for the 
                        Indian tribe pursuant to title III for that 
                        return on investment;
                    ``(D) the terms of a cooperative agreement on the 
                operation and management of the current assistance 
                housing stock and current housing stock for the Indian 
                tribe assisted under titles I through VIII;
                    ``(E)(i) any plans for the sale of the affordable 
                housing of the Indian tribe under section 906; and
                    ``(ii) if those plans are included, additional 
                plans sufficient to meet the requirements of section 
                906 regarding meeting future affordable housing needs 
                of the Indian tribe;
                    ``(F) terms for enforcement of the final plan, 
                including an agreement regarding jurisdiction of any 
                actions under or to enforce the final plan, including a 
                waiver of immunity; and
                    ``(G) any other information determined appropriate 
                by the Indian tribe and the investor partner.

``SEC. 906. HUD REVIEW AND APPROVAL OF PLAN.

    ``(a) In General.--
            ``(1) Review.--Not later than 90 days after the date of 
        submission by an Indian tribe of a final plan under section 905 
        to the Secretary, the Secretary shall--
                    ``(A) review the plan and the process by which the 
                Indian tribe solicited requests for quotations from 
                investors and selected the investor partner under 
                section 904(b)(1); and
                    ``(B) approve or disapprove the plan in accordance 
                with paragraphs (2) and (3).
            ``(2) Approval.--
                    ``(A) In general.--After the review described in 
                paragraph (1), the Secretary shall approve the plan, 
                unless the Secretary determines that--
                            ``(i) the assessment of the housing needs 
                        of the Indian tribe by the qualified entity, or 
                        as set forth in the plan pursuant to section 
                        905(3), is inaccurate or insufficient;
                            ``(ii) the process established by the 
                        Indian tribe to solicit requests for quotations 
                        and select an investor partner was insufficient 
                        or negligent; or
                            ``(iii) the plan is insufficient to meet 
                        the housing needs of the Indian tribe, as 
                        identified in the plan pursuant to section 
                        905(3).
                    ``(B) Opportunity for revision.--Except as provided 
                in paragraph (3), the Secretary shall approve a plan 
                determined insufficient under subparagraph (A), on the 
                condition that the Indian tribe and the investor 
                partner make such revisions to the plan as the 
                Secretary may require to meet the needs of the Indian 
                tribe for affordable housing.
            ``(3) Disapproval.--The Secretary may disapprove the plan 
        only if--
                    ``(A) the Secretary determines that the plan fails 
                to meet the minimal housing standards and requirements 
                of this Act; and
                    ``(B) the Secretary notifies the Indian tribe of 
                the elements requiring the disapproval.
    ``(b) Action Upon Disapproval.--
            ``(1) Resubmission of plan.--Subject to paragraph (2), in 
        the case of any disapproval of a final plan of an Indian tribe 
        under subsection (a)(3), the Secretary shall allow the tribe, 
        for a period of 180 days beginning on the date of the 
        notification to the tribe of the disapproval, to resubmit a 
        revised plan for approval.
            ``(2) Limitation.--If the final plan for an Indian tribe is 
        resubmitted pursuant to paragraph (1) and the Secretary 
        disapproves the plan a second time, the Indian tribe--
                    ``(A) may not thereafter resubmit the plan; and
                    ``(B) shall be ineligible to participate in the 
                demonstration program under this title.
    ``(c) Tribal Authority Over Housing Design and Location.--The 
Secretary may not disapprove a final plan under section 905 or 
condition approval of that plan based on the design or location of any 
housing to be developed or assisted under the plan.
    ``(d) Failure To Notify.--If the Secretary does not notify an 
Indian tribe submitting a final plan of approval, conditional approval, 
or disapproval of the plan before the expiration of the period referred 
to in subsection (a)(1), the plan shall be deemed approved for purposes 
of this title.

``SEC. 907. TREATMENT OF ALLOCATION.

    ``(a) In General.--Amounts otherwise allocated for a participating 
Indian tribe under title III--
            ``(1) shall not be made available to the participating 
        Indian tribe under titles I through VIII; and
            ``(2) shall only be available for the participating Indian 
        tribe, on request by the participating Indian tribe and 
        approval by the Secretary, for the purposes described in 
        subsections (b) through (e).
    ``(b) Return on Investment.--The Secretary may use the amounts 
described in subsection (a) to ensure the payment of any amounts 
pledged by a participating Indian tribe pursuant to section 905(9)(C) 
for return on the investment made by the investor partner or other 
investors.
    ``(c) Administrative Expenses.--The Secretary may provide to a 
participating Indian tribe, on the request of the participating Indian 
tribe, not greater than 10 percent of any annual allocation made under 
title III for the participating Indian tribe during that fiscal year 
for the administrative costs of the participating Indian tribe in 
carrying out the requirements of sections 904 and 905.
    ``(d) Housing Infrastructure Costs.--A participating Indian tribe 
may use the amounts described in subsection (a) for housing 
infrastructure costs associated with providing affordable housing for 
the participating Indian tribe under the final plan.
    ``(e) Maintenance; Tenant Services.--A participating Indian tribe 
may use the amounts described in subsection (a) for maintenance of 
affordable housing for the participating Indian tribe and for the 
eligible affordable housing activities described in paragraphs (3), 
(4), and (5) of section 202.

``SEC. 908. RESALE OF AFFORDABLE HOUSING.

    ``Notwithstanding any other provision of this Act, a participating 
Indian tribe may, in accordance with the provisions of the final plan 
of the participating Indian tribe approved pursuant to section 906, 
resell any affordable housing developed with assistance made available 
under this Act for use other than as affordable housing, on the 
condition that the tribe provides such assurances as the Secretary 
determines are appropriate to ensure that the participating Indian 
tribe--
            ``(1) is meeting the need for affordable housing of the 
        participating Indian tribe;
            ``(2) will provide affordable housing in the future 
        sufficient to meet future affordable housing needs; and
            ``(3) will use any proceeds only--
                    ``(A) to meet those future affordable housing 
                needs; or
                    ``(B) in accordance with section 907.

``SEC. 909. REPORTS, AUDITS, AND COMPLIANCE.

    ``(a) Annual Reports by Tribe.--Each participating Indian tribe 
shall submit to the Secretary annually a report--
            ``(1) describing the progress of the participating Indian 
        tribe in complying with, and meeting the deadlines and 
        schedules set forth in, the approved final plan for the 
        participating Indian tribe; and
            ``(2) containing such other information as the Secretary 
        may require.
    ``(b) Reports to Congress.--The Secretary shall submit to Congress 
annually a report describing the activities and progress of the 
demonstration program under this title, including--
            ``(1) a summary of the information in the reports submitted 
        under subsection (a);
            ``(2) the number of Indian tribes that have selected an 
        investor partner pursuant to a request for quotations under 
        section 904;
            ``(3) for each tribe applying for participation in the 
        demonstration program the final plan of which was disapproved 
        under section 906(a)(3), a detailed description and explanation 
        of--
                    ``(A) the reasons for the disapproval; and
                    ``(B) all actions taken by the Indian tribe to 
                eliminate the reasons for disapproval, and an 
                identification of whether the tribe has re-submitted a 
                final plan;
            ``(4) an identification, by participating Indian tribe, of 
        any amounts requested and approved for use under section 907; 
        and
            ``(5) an identification of any participating Indian tribes 
        that have terminated participation in the demonstration program 
        and the circumstances of the terminations.
    ``(c) Audits.--The Secretary shall provide for audits among 
participating Indian tribes to ensure implementation and compliance 
with the final plans for the participating Indian tribes, including on-
site visits with participating Indian tribes and requests for 
documentation appropriate to ensure the compliance.

``SEC. 910. TERMINATION OF TRIBAL PARTICIPATION.

    ``(a) Termination of Participation.--A participating Indian tribe 
may terminate participation in the demonstration program under this 
title at any time, subject to this section.
    ``(b) Effect on Existing Obligations.--
            ``(1) No automatic termination.--Termination by a 
        participating Indian tribe in the demonstration program under 
        this section shall not terminate any obligations of the Indian 
        tribe under agreements entered into under the demonstration 
        program with the investor partner of the Indian tribe or any 
        other investors or contractors.
            ``(2) Authority to mutually terminate agreements.--Nothing 
        in this title prevents an Indian tribe that terminates 
        participation in the demonstration program and any party with 
        which the Indian tribe has entered into an agreement from 
        mutually agreeing to terminate that agreement.
    ``(c) Receipt of Remaining Grant Amounts.--The Secretary shall 
provide for grants to be made in accordance with, and subject to the 
requirements of, this Act for any amounts remaining after use pursuant 
to section 907 from the allocation under title III for an Indian tribe 
that terminates participation in the demonstration program.
    ``(d) Costs and Obligations.--The Secretary shall not be liable for 
any obligations or costs incurred by an Indian tribe during its 
participation in the demonstration program under this title.

``SEC. 911. FINAL REPORT.

    ``Not later 5 years after the date of enactment of this title, the 
Secretary shall submit to Congress a final report describing the 
effectiveness of the demonstration program, which shall include--
            ``(1) an assessment of the success under the demonstration 
        program of participating Indian tribes in meeting the housing 
        needs of the participating Indian tribe, including affordable 
        housing needs, on tribal land;
            ``(2) recommendations for any improvements to the 
        demonstration program; and
            ``(3) a determination of whether the demonstration program 
        should be expanded into a permanent program available for 
        Indian tribes to opt into at any time and, if so, 
        recommendations for that expansion, including any legislative 
        actions necessary to expand the program.

``SEC. 912. NOTICE.

    ``The Secretary shall establish any requirements and criteria 
necessary to carry out the demonstration program under this title by 
notice published in the Federal Register.''.

SEC. 602. CLERICAL AMENDMENTS.

    The table of contents in section 1(b) is amended by 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.
``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.''.

                        TITLE VII--MISCELLANEOUS

SEC. 701. COMMUNITY-BASED ORGANIZATIONS AND TRIBALLY DESIGNATED HOUSING 
              ENTITIES.

    Title VII (Public Law 104-330; 110 Stat. 4048) is amended by adding 
at the end the following:

``SEC. 706. COMMUNITY-BASED DEVELOPMENT ORGANIZATION.

    ``A tribally designated housing entity shall qualify as a 
community-based development organization for purposes of the Indian 
Community Development Block Grant program authorized under section 
106(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 
5306(a)).''.

SEC. 702. ELIMINATION OF LIMITATION ON USE FOR CHEROKEE NATION.

    Section 801 of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 (Public Law 110-411; 122 
Stat. 4334) is repealed.

SEC. 703. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT.

    Section 824 (25 U.S.C. 4243) is amended by striking ``2001, 2002, 
2003, 2004, and 2005,'' and inserting ``2016, 2017, 2018, 2019, and 
2020''.

SEC. 704. REAUTHORIZATION OF LOAN GUARANTEES FOR NATIVE HAWAIIAN 
              HOUSING.

    Section 184A(j)(5) of the Housing and Community Development Act of 
1992 (12 U.S.C. 1715z-13b(j)(5)) is amended--
            (1) in subparagraph (B), by inserting after the period at 
        the end of the first sentence ``There are authorized to be 
        appropriated for those costs $386,000 for each of fiscal years 
        2016 through 2020.''; and
            (2) in subparagraph (C), by striking ``for each of fiscal 
        years'' and all that follows through the period at the end and 
        inserting ``for each of fiscal years 2016 through 2020 with an 
        aggregate outstanding principal amount not exceeding 
        $41,504,000 for each fiscal year.''.

SEC. 705. LEVERAGING.

    All funds provided under a grant made pursuant to this Act or the 
amendments made by this Act may be used for purposes of meeting 
matching or cost participation requirements under any other Federal or 
non-Federal program.

SEC. 706. FUNDING FOR METHAMPHETAMINE CLEAN-UP PROJECTS.

    Section 5124(a)(7) of the Public and Assisted Housing Drug 
Elimination Act of 1990 (42 U.S.C. 11903(a)(7)) is amended by inserting 
``or to implement methamphetamine clean-up projects'' before the 
semicolon.
                                                       Calendar No. 197

114th CONGRESS

  1st Session

                                 S. 710

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             August 5, 2015

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