Native American Housing Assistance and Self-Determination Reauthorization Act of 2013

To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes. 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 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; references. 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. Low-income requirement and income targeting. Sec. 202. Lease requirements and tenant selection. Sec. 203. Self-determined housing activities for tribal communities. Sec. 204. Total development cost maximum project cost. TITLE III—Compliance, audits, and reports Sec. 301. Reports to Congress. TITLE IV—Other housing assistance for Native Americans Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans. Sec. 402. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 403. Training and technical assistance. Sec. 404. Preferences for projects in Indian areas. TITLE V—Miscellaneous Sec. 501. Community-based organizations and tribally designated housing entities. Sec. 502. Elimination of limitation on use for Cherokee Nation. Sec. 503. Reauthorization of Native Hawaiian Homeownership Act. Sec. 504. Matching or cost-participation requirement. (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. I Block grants and grant requirements 101. Treatment of program income and labor standards Section 104 ( 25 U.S.C. 4114 (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. . 102. Environmental review Section 105 (25 U.S.C. 4115) is amended by striking subsection (d) and inserting the following: (d) Environmental compliance 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. . 103. Authorization of appropriations Section 108 ( 25 U.S.C. 4117 2009 through 2013 2013 through 2018 II Affordable housing activities 201. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 (c) Applicability (1) In general The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to— (A) a family or household member who subsequently takes ownership of a homeownership unit; or (B) any improvement to a privately owned homeownership unit if the aggregate value of the improvement for the 5-year period following completion of the improvement is less than $10,000. (d) Purchase In the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or lease-purchase unit, the current rental tenant may purchase through a contract to purchase, lease-purchase agreement, or any other sales agreement if the unit is made available for occupancy by a family that is a low-income family at the time of initial occupancy. . 202. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 (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. . 203. Self-determined housing activities for tribal communities Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed. 204. 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 25 U.S.C. 4111 III Compliance, audits, and reports 301. Reports to Congress Section 407 (25 U.S.C. 4167) is amended— (1) in subsection (a), by striking Congress 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 (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. . IV Other housing assistance for Native Americans 401. Demonstration of rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (D) Indian veterans housing rental assistance demonstration program (i) Definitions In this subparagraph: (I) Indian The term Indian Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b (II) Indian lands The term Indian lands 25 U.S.C. 4302 (III) Tribal organization The term tribal organization 25 U.S.C. 450b (ii) Authorization of program The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian lands. (iii) Model The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. (iv) Eligible recipients Rental assistance under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (v) Funding criteria Rental assistance under clause (ii) shall be awarded based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the use of rental assistance provided under the demonstration program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans. (vii) Consultation The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. (II) Exception The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. . 402. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting (in effect before, on, or after the date of enactment of this section) law 403. Training and technical assistance Section 703 ( 25 U.S.C. 4212 of fiscal years 2009 through 2013 fiscal year for which funds are appropriated under section 108. 404. Preferences for projects in Indian areas (a) In general Section 42(m)(1) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (B)(ii)— (A) in subclause (II), by striking and (B) by adding at the end the following: (IV) projects which are located in an Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(11))) and for which the entity applying to receive credit is— (aa) an Indian tribe or a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 (bb) wholly owned or controlled by an Indian tribe or tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 (cc) a subrecipient of funding under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ; (2) in subparagraph (C)— (A) in clause (vi), by inserting and Indian public (B) by redesignating clauses (ix) and (x) as clauses (x) and (xi), respectively; and (C) by inserting after clause (viii) the following: (ix) projects described in subparagraph (B)(ii)(IV), ; and (3) by adding at the end the following: (E) Preference for projects in Indian areas In addition to the preference provided to projects described in subparagraph (B)(ii)(IV), for purposes of evaluating such projects pursuant to a competitive application process for allocation of housing credit dollar amounts, a housing credit agency— (i) for purposes of any numerical evaluation process employed by the agency, shall increase the cumulative points or score for such project by not less than 10 percent of the total points or credits available to any project, and (ii) shall not consider the lack of proximity of such project to population centers, public transportation systems, or publicly available amenities. . (b) Effective date The amendments made by this section shall apply to housing credit dollar amounts allocated by a housing credit agency after December 31, 2013. V Miscellaneous 501. Community-based organizations and tribally designated housing entities Title VII ( Public Law 104–330 706. 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)). . 502. 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. 503. Reauthorization of Native Hawaiian Homeownership Act Section 824 ( 25 U.S.C. 4243 2001, 2002, 2003, 2004, and 2005, 2014, 2015, 2016, 2017, and 2018 504. Matching or cost-participation requirement 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. 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 2013 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; references. 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. Low-income requirement and income targeting. Sec. 202. Lease requirements and tenant selection. Sec. 203. Self-determined housing activities for tribal communities. Sec. 204. Total development cost maximum project cost. TITLE III—Compliance, audits, and reports Sec. 301. Reports to Congress. TITLE IV—Other housing assistance for Native Americans Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans. Sec. 402. 50-year leasehold interest in trust or restricted lands for housing purposes. Sec. 403. Training and technical assistance. TITLE V—Miscellaneous Sec. 501. Community-based organizations and tribally designated housing entities. Sec. 502. Elimination of limitation on use for Cherokee Nation. Sec. 503. Reauthorization of Native Hawaiian Homeownership Act. Sec. 504. Matching or cost-participation requirement. (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. I Block grants and grant requirements 101. Treatment of program income and labor standards Section 104 ( 25 U.S.C. 4114 (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. . 102. Environmental review Section 105 (25 U.S.C. 4115) is amended by adding at the end the following: (e) Environmental review 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. . 103. Authorization of appropriations Section 108 ( 25 U.S.C. 4117 2009 through 2013 2013 through 2018 II Affordable housing activities 201. Low-income requirement and income targeting Section 205 ( 25 U.S.C. 4135 (c) Applicability (1) In general The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to— (A) a family or household member who subsequently takes ownership of a homeownership unit; or (B) any improvement to a privately owned homeownership unit if the aggregate value of the improvement for the 5-year period following completion of the improvement is less than $10,000. (d) Purchase In the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or lease-purchase unit, the current rental tenant may purchase through a contract to purchase, lease-purchase agreement, or any other sales agreement, subject to the condition that the current rental tenant was a low-income family at the time of initial occupancy. . 202. Lease requirements and tenant selection Section 207 ( 25 U.S.C. 4137 (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. . 203. Self-determined housing activities for tribal communities Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed. 204. 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 25 U.S.C. 4111 III Compliance, audits, and reports 301. Reports to Congress Section 407 (25 U.S.C. 4167) is amended— (1) in subsection (a), by striking Congress 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 (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. . IV Other housing assistance for Native Americans 401. Demonstration of rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (D) Indian veterans housing rental assistance demonstration program (i) Definitions In this subparagraph: (I) Indian The term Indian Indian Self-Determination and Education Assistance Act 25 U.S.C. 450b (II) Indian area The term Indian area 25 U.S.C. 4103 (III) Tribal organization The term tribal organization 25 U.S.C. 450b (ii) Authorization of program The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near an Indian area. (iii) Model The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans. (iv) Eligible recipients Rental assistance, which shall include associated administrative costs, under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111). (v) Funding criteria Rental assistance under clause (ii) shall be awarded based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the demonstration program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans. (vii) Consultation The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans. (II) Exception The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. . 402. 50-year leasehold interest in trust or restricted lands for housing purposes Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting (in effect before, on, or after the date of enactment of this section) law 403. Training and technical assistance Section 703 ( 25 U.S.C. 4212 of fiscal years 2009 through 2013 fiscal year for which funds are appropriated under section 108. V Miscellaneous 501. Community-based organizations and tribally designated housing entities Title VII ( Public Law 104–330 706. 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)). . 502. 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. 503. Reauthorization of Native Hawaiian Homeownership Act Section 824 ( 25 U.S.C. 4243 2001, 2002, 2003, 2004, and 2005, 2014, 2015, 2016, 2017, and 2018 504. Matching or cost-participation requirement 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.

Summary: Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 - Title I: Block Grants and Grant Requirements - (Sec. 101) Amends the Native American Housing Assistance and Self-Determination Act of 1996 (Act) to allow Indian housing block grant recipients to use income that is realized from program income without restriction. Applies tribal prevailing wage laws to the administration of all federal funding for projects funded in part under that Act. (Sec. 102) Deems compliance with the environmental review requirements of the Indian housing block grant projects to satisfy any other federal environmental review requirements imposed on agencies involved in the projects. (Sec. 103) Reauthorizes appropriations for the block grants through FY2018. Title II: Affordable Housing Activities - (Sec. 201) Makes an exception to the requirement that housing assisted under the Act remain affordable for the useful life of the property if: (1) a family or household member subsequently takes over ownership of a unit, or (2) an improvement is made to a privately owned unit and the aggregate value of that improvement for the five-year period following its completion is less than $10,000. Allows rental housing made available to a current tenant for conversion to a homebuyer or lease-purchase unit to be purchased by the tenant if that tenant was a low-income family at the time of initial occupancy. (Sec. 202) Applies lease termination notification requirements to any project or program funded in part under the Act. (Sec. 203) Repeals a program allowing Indian tribes to use a portion of the block grants for housing activities wholly self-determined by the Indian tribe. (Sec. 204) Prohibits affordable housing that is developed, acquired, or assisted under the block grant program from exceeding by more than 20% the total development cost maximum cost for all housing assisted under an affordable housing activity, without the approval of the Secretary of Housing and Urban Development (HUD). Title III: Compliance, Audits, and Reports - (Sec. 301) Requires the Secretary's annual report to Congress on the activities carried out under the Act to be submitted to the Senate Committee on Indian Affairs, Senate Committee on Banking, Housing and Urban Affairs, and House Committee on Financial Services. Requires that report to be made available to the public. Title IV: Other Housing Assistance for Native Americans - (Sec. 401) Amends the United States Housing Act of 1937 to authorize the Secretary to implement a rental assistance and supportive housing demonstration program, in conjunction with the Secretary of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. ("Indian areas" are defined as those areas within which an Indian tribe or a tribally designated housing entity provides affordable housing assistance under this Act.) Authorizes the Secretary, in carrying out the demonstration program, to waive or establish alternative requirements regarding the use of rental assistance if doing so is necessary for the effective delivery and administration of rental assistance to Indian veterans. (Sec. 402) Amends the Act to clarify that the 50-year limit on the lease of trust or Indian restricted lands for housing purposes does not affect any authority to lease those lands that is conferred pursuant to any other law in effect before, on, or after the enactment of that limit. (Sec. 403) Reauthorizes appropriations, through FY2018, for the provision of training and technical assistance to Indian housing authorities and tribally designated housing entities. Title V: Miscellaneous - (Sec. 501) Amends the Act to treat a tribally designated housing entity as a community-based development organization for purposes of the Indian Community Development Block Grant program. (Sec. 502) Repeals the provision of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 that prohibits the use of funds under that Act for the benefit of the Cherokee Nation unless the Temporary Order and Temporary Injunction issued on May 14, 2007, by the District Court of the Cherokee Nation remains in effect or there is a settlement agreement which ends litigation among the adverse parties. (Sec. 503) Reauthorizes the Native Hawaiian Homeownership Act through FY2018. (Sec. 504) Allows all funds provided under a grant made pursuant to this Act to be used to meet matching or cost participation requirements under any other federal or nonfederal program.