Native American Housing Assistance and Self-Determination Reauthorization Act of 2014

To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2014 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References. Title I—BLOCK GRANTS AND GRANT REQUIREMENTS Sec. 101. Block grants. Sec. 102. Indian housing plans. Sec. 103. Treatment of labor standards. Sec. 104. Environmental review. Sec. 105. Failure to act on request for approval regarding exceeding TDC maximum cost for project. Title II—AFFORDABLE HOUSING ACTIVITIES Sec. 201. National objectives and eligible families. Sec. 202. Eligible affordable housing activities. Sec. 203. Program requirements. Sec. 204. Low-income requirement and income targeting. Sec. 205. Lease requirements and tenant selection. Sec. 206. Tribal coordination of agency funding. Title III—ALLOCATION OF GRANT AMOUNTS Sec. 301. Authorization of appropriations. Title IV—AUDITS AND REPORTS Sec. 401. Review and audit by Secretary. Sec. 402. Reports to Congress. Title V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS Sec. 501. HUD-Veterans Affairs supportive housing program for Native American veterans. Sec. 502. Public and Assisted Housing Drug Elimination Act of 1990. Sec. 503. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 504. Training and technical assistance. Sec. 505. Loan guarantees for Indian housing. Sec. 506. Loan guarantees for Native Hawaiian housing. Title VI—MISCELLANEOUS Sec. 601. Reauthorization of Native Hawaiian Homeownership Act. Sec. 602. Native hiring and appointment in HUD Office of Native American Programs. Sec. 603. Lands Title Report Commission. Sec. 604. Limitation on use of funds for Cherokee Nation. Sec. 605. Clerical amendment. 2. 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. I BLOCK GRANTS AND GRANT REQUIREMENTS 101. Block grants Section 101 ( 25 U.S.C. 4111 (1) in subsection (c), by adding after the period at the end the following: If the Secretary fails to act on a waiver request submitted under this subsection by a recipient within 60 days after receipt of such request, the waiver request shall be deemed approved. (2) in subsection (j), by striking section 501 of title 40, title 40 of the (3) in subsection (k), by striking 1 an 102. Indian housing plans Section 102(a)(1)(B) ( 25 U.S.C. 4112(a)(1)(B) , except that the Secretary may grant a waiver of the submission requirements upon meeting certain factors to be set out by regulation, and provided further that a request for such waiver shall be deemed approved if the Secretary does not act on such request within 60 days of receipt 103. Treatment of labor standards Section 104(b)(3) ( 25 U.S.C. 4114(b)(3) Notwithstanding any other provision of law, tribally determined wages adopted in accordance with this paragraph shall apply to the administration of all Federal funding for projects funded in whole or in part by funds provided under this Act. 104. Environmental review Section 105 ( 25 U.S.C. 4115 (1) in subsection (d)— (A) in the matter preceding paragraph (1), by striking may shall (B) by adding after and below paragraph (4) the following: If the Secretary fails to act on a waiver request submitted under this subsection by a recipient within 60 days after receipt of such request, the waiver shall be deemed approved. ; and (2) by adding at the end the following new subsection: (e) Consolidation of environmental review requirements If a recipient is using one or more sources of Federal funds in addition to grant amounts under this Act in carrying out a project that qualifies as an affordable housing activity under section 202 and the recipient’s tribe has assumed all of the responsibilities for environmental review, decisionmaking, and action pursuant to this section, the recipient’s compliance with the National Environmental Policy Act of 1969 review requirements under this section with regard to such project shall be deemed to fully comply with and discharge any applicable environmental review requirements that might apply to the use of such additional Federal funding sources for that project. . 105. Failure to act on request for approval regarding exceeding TDC maximum cost for project A request for approval by the Secretary of Housing and Urban Development to exceed by more than 10 percent the total development cost maximum cost for a project shall be deemed to be approved if the Secretary fails to take action on the request during the 60-day period that begins on the date that the Secretary receives the request. II AFFORDABLE HOUSING ACTIVITIES 201. National objectives and eligible families Paragraph (6) of section 201(b) ( 25 U.S.C. 4131(b)(6) (1) by striking 1964 and 1964, (2) by inserting after 1968 , and section 3 of the Housing and Urban Development Act of 1968 202. Eligible affordable housing activities Section 202(9)(A) ( 25 U.S.C. 4132(9)(A) (1) by striking only (2) by striking administration and planning related to (3) by inserting including administration and planning, section, 203. Program requirements Section 203 ( 25 U.S.C. 4133 (1) in subsection (a)— (A) in paragraph (1), by striking paragraph (2) paragraphs (2) and (3) (B) by adding at the end the following new paragraph: (3) Application of tribal policies Paragraph (2) shall not apply if the recipient has a written policy governing rents and homebuyer payments charged for dwelling units and such policy does not include a provision governing maximum rents or homebuyer payments. ; (2) in subsection (c), by striking or assisted with by a recipient (3) in subsection (e), by striking assisted with units that are owned or operated by a recipient using 204. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and (ii) in subparagraph (D), by striking the period at the end and inserting ; and (iii) by adding at the end the following new subsection: (E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or a lease-purchase unit, that the current rental tenant can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for occupancy only by a family that is a low-income family at the time of their initial occupancy of such unit; and ; and (B) in paragraph (2)— (i) by striking satisfactory to the Secretary in such form as the Secretary shall, by regulation, require (ii) by striking Secretary) recipient) (2) in subsection (c), by adding after the period at the end the following: The provisions of such paragraph regarding binding commitments for the remaining useful life of the property shall not apply to improvements of privately owned homes if the cost of such improvements do not exceed 10 percent of the maximum total development cost for such home. 205. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 (c) Notice of termination Notwithstanding any other provision of law, the owner or manager of rental housing that is assisted in part with amounts provided under this Act and in part with one or more other sources of Federal funds shall only utilize leases that require a notice period for the termination of the lease pursuant to subsection (a)(3). . 206. Tribal coordination of agency funding Subtitle A of title II ( 25 U.S.C. 4131 et seq. 211. Tribal coordination of agency funding Notwithstanding any other provision of law, a recipient authorized to receive funding under this Act may, in its discretion, use funding from the Indian Health Service of the Department of Health and Human Services for construction of sanitation facilities for housing construction and renovation projects that are funded in part by funds provided under this Act. . III ALLOCATION OF GRANT AMOUNTS 301. Authorization of appropriations The first sentence of section 108 ( 25 U.S.C. 4117 such sums as may be necessary for each of fiscal years 2009 through 2013 $650,000,000 for each of fiscal years 2015 through 2019 IV AUDITS AND REPORTS 401. Review and audit by Secretary Section 405(c) ( 25 U.S.C. 4165(c) (3) Failure to issue final report The Secretary shall issue a final report within 60 days after receiving comments under paragraph (1) from a recipient. . 402. Reports to Congress Section 407 ( 25 U.S.C. 4167 (1) in subsection (a), by striking Congress Committee on Financial Services and the Committee on Natural Resources of the House of Representatives, to the Committee on Indian Affairs and the Committee on Banking, Housing, and Urban Affairs of the Senate, and to any subcommittees of such committees having jurisdiction with respect to Native American and Alaska Native affairs, (2) by adding at the end the following new subsection: (c) Public availability to recipients Each report submitted pursuant to subsection (a) shall be made publicly available to recipients. . V OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 501. HUD-Veterans Affairs supportive housing program for Native American veterans Paragraph (19) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (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 0.1 percent for a supported housing and rental assistance program modeled on the HUD-Veterans Affairs Supportive Housing (HUD–VASH) 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 Such rental assistance 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 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 Such funds shall be administered by block grant recipients in accordance with program requirements under Native American Housing Assistance and Self-Determination Act of 1996 in lieu of program requirements under this Act. (v) Waiver The Secretary may waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this subparagraph, but only upon a finding by the Secretary that such waiver or alternative requirement is necessary to promote administrative efficiency, eliminate delay, consolidate or eliminate duplicative or ineffective requirements or criteria, or otherwise provide for the effective delivery and administration of such supportive housing assistance to Native American veterans. (vi) Consultation The Secretary and the Secretary of Veterans Affairs shall jointly consult with block grant recipients and any other appropriate tribal organizations to— (I) ensure that block grant recipients administering funds made available under the program under this subparagraph are able to effectively coordinate with providers of supportive services provided in connection with such program; and (II) ensure the effective delivery of supportive services to Native American veterans that are homeless or at risk of homelessness eligible to receive assistance under this subparagraph. Consultation pursuant to this clause shall be completed by a date sufficient to provide for implementation of the program under this subparagraph in accordance with clause (i). (vii) Rulemaking The first negotiated rulemaking committee established pursuant to subchapter III of chapter 5 of title 5, United States Code, for rulemaking relating to the Native American Housing Assistance and Self-Determination Act of 1996, or any amendments to such Act, but that is not established to consider matters relating to the allocation formula under section 302 of such Act (25 U.S.C. 4152), shall review the requirements and criteria for the supported housing and rental assistance program under this subparagraph and may report to the Secretary a proposed rule revising such requirements and criteria. . 502. Public and Assisted Housing Drug Elimination Act of 1990 Section 5124(a) of the Public and Assisted Housing Drug Elimination Act of 1990 (42 U.S.C. 11903(a)) is amended— (1) in paragraph (7), by striking and (2) in paragraph (8), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (9) the physical clean-up and remediation of structures and related infrastructure damaged and rendered unfit for human habitation or other use due to the previous conduct of methamphetamine-related activities in such structures. . 503. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) ( 25 U.S.C. 4211(c)(1) , whether enacted before, on, or after the date of the enactment of this section law, 504. Training and technical assistance Section 703 ( 25 U.S.C. 4212 (1) by striking There are authorized to be appropriated Of any amounts appropriated pursuant to section 108, the Secretary may use such sums as may be necessary for (2) by striking such sums as may be necessary for each of fiscal years 2009 through 2013 505. 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 the following: There are authorized to be appropriated for such costs $12,200,000 for each of fiscal years 2015 through 2019. (2) in subparagraph (5)— (A) by striking 2008 through 2012 2015 through 2019 (B) by striking such amount as may be provided in appropriation Acts for $976,000,000 for each 506. 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 the following: There are authorized to be appropriated for such costs $386,000 for each of fiscal years 2015 through 2019. (2) in subparagraph (5), by striking for each of fiscal years for each of fiscal years 2015 through 2019 with an aggregate outstanding principal amount not exceeding $41,504,000 for each such fiscal year. VI MISCELLANEOUS 601. Reauthorization of Native Hawaiian Homeownership Act Section 824 ( 25 U.S.C. 4243 such sums as may be necessary $13,000,000 for each of fiscal years 2015 through 2019. 602. Native hiring and appointment in HUD Office of Native American Programs Section 3 ( 25 U.S.C. 4102 (1) by designating the first sentence as subsection (a); and (2) by adding at the end the following new subsection: (b) Native hiring and appointment The Secretary shall develop and implement a policy that promotes increased hiring and appointment of Indians and Native Hawaiians (as such term is defined in section 801) to vacancies in any positions in the Department of Housing and Urban Development’s Office of Native American Programs that involve the administration of functions or services affecting Indians or Native Hawaiians. . 603. Lands Title Report Commission Section 501 of the American Homeownership and Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) is amended— (1) in subsection (a), by striking Subject to sums being provided in advance in appropriations Acts, there There (2) in subsection (b)(1) by striking this Act the Native American Housing Assistance and Self-Determination Reauthorization Act of 2014 604. Limitation on use of funds for Cherokee Nation Section 801 of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 ( Public Law 110–411 Temporary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the Cherokee Nation Order issued September 21, 2011, by the Federal District Court for the District of Columbia 605. Clerical amendment The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101

Summary: Native American Housing Assistance and Self-Determination Reauthorization Act of 2014 - Amends the Native American Housing Assistance and Self-Determination Act of 1996 (the Act) to give the Secretary of Housing and Urban Development (HUD) 60 days to act before the request of an Indian tribe for a waiver of certain local cooperation, housing plan, environmental review, or development cost requirements is deemed approved under the program providing tribes with block grants for affordable and self-determined housing activities. Makes tribal prevailing wage laws applicable to the administration of all federal funding for projects funded in whole or part under the Act. Deems an Indian tribe that is receiving a block grant for an affordable housing project under the Act and one or more other sources of federal funding for such project to have satisfied any environmental review requirements that accompany that funding if the tribe has assumed environmental review responsibilities under the Act and is in compliance with those review requirements. Requires the Secretary to waive environmental review requirements if inadvertent error prevents satisfaction of such requirements and certain other conditions are met. Makes low-income training and employment requirements under the Housing and Urban Development Act of 1968 inapplicable to tribal housing activities under the Act. Allows the use of Indian reserve accounts for affordable housing activities, not just the administration and planning of those activities. Makes maximum rent and home buyer payment provisions for housing assisted under the Act inapplicable if the grant recipient has a written policy that does not include maximum rent and home buyer payment provisions. Treats rental housing that is made available to a current tenant for purchase as a home buyer or lease-purchase unit as affordable housing if the unit is made available for occupancy by a low-income family at the time of initial occupancy. Makes the requirement that housing assisted under the Act remain affordable throughout the remaining life of the property inapplicable to improvements of a privately owned home if the cost of those improvements does not exceed 10% of the maximum total development cost for such home. Requires the owner or manager of rental housing assisted under the Act and one or more other federal funding sources to use only leases that require a lease termination notice period. Allows recipients of funding under the Act to use funding from the Indian Health Service (IHS) of HUD for the construction of sanitation facilities for housing construction and renovation projects funded under the Act. Reauthorizes appropriations for the block grant program through FY2019. Amends the United States Housing Act of 1937 to authorize the Secretary to implement a supportive housing and rental assistance program, in conjunction with the Secretary of Veterans Affairs (VA), for the benefit of Native American veterans who are homeless or at risk of homelessness. Amends the Public and Assisted Housing Drug Elimination Act of 1990 to allow grants under that Act to be used in public housing or other federally assisted low-income housing projects to remediate structures and related infrastructure damaged and rendered unfit for human habitation or other use due to the conduct of methamphetamine-related activities in such structures. Amends the Act to prohibit provisions authorizing Indian owners to lease any trust or restricted Indian lands for housing development and residential purposes for a term of up to 50 years from being construed to affect any authority to lease those lands that is conferred pursuant to any law whether enacted before, on, or after the enactment of such Act. Authorizes the Secretary to use such sums as may be necessary from the block grant program's appropriations to assist a national organization to provide training and technical assistance to Indian housing authorities and tribally designated housing entities. Amends the Housing and Community Development Act of 1992 to authorize the Secretary to guarantee Indian and Native Hawaiian housing loans through FY2019. Authorizes appropriations for such guarantees. Sets the maximum aggregate outstanding principal amount for such loans. Reauthorizes the Native Hawaiian Homeownership Act through FY2019. Directs the Secretary to develop and implement a policy that promotes increased hiring and appointment of Indians and Native Hawaiians to vacancies within HUD's Office of Native American Programs. Amends the American Homeownership and Economic Opportunity Act of 2000 to require the Lands Title Report Commission to be appointed no later than 90 days after this Act's enactment, without the current condition that sums be appropriated for that purpose in advance. Amends the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 to prohibit the use of funds under that Act for the benefit of the Cherokee Nation unless the order issued on September 21, 2011, by the Federal District Court for the District of Columbia remains in effect or there is a settlement agreement that ends litigation among the adverse parties.