SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Native American Housing Assistance and Self-Deter-
mination Act of 1996’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Congressional findings.
Sec. 3. Administration through Office of Native American Programs.
Sec. 4. Definitions.
TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Environmental review.
Sec. 106. Regulations.
Sec. 107. Effective date.
Sec. 108. Authorization of appropriations.
TITLE II—AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Types of investments.
Sec. 205. Low-income requirement and income targeting.
Sec. 206. Certification of compliance with subsidy layering requirements.
Sec. 207. Lease requirements and tenant selection.
Sec. 208. Availability of records.
Sec. 209. Repayment.
Sec. 210. Continued use of amounts for affordable housing.
TITLE III—ALLOCATION OF GRANT AMOUNTS
Sec. 301. Annual allocation.
Sec. 302. Allocation formula.
TITLE IV—COMPLIANCE, AUDITS, AND REPORTS
Sec. 401. Remedies for noncompliance.
Sec. 402. Replacement of recipient.
Sec. 403. Monitoring of compliance.
Sec. 404. Performance reports.
Sec. 405. Review and audit by Secretary.
Sec. 406. GAO audits.
Sec. 407. Reports to Congress.
TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES
UNDER INCORPORATED PROGRAMS
Sec. 501. Repeal of provisions relating to Indian housing assistance under
United States Housing Act of 1937.
Sec. 502. Termination of Indian housing assistance under United States Hous-
ing Act of 1937.
Sec. 503. Termination of new commitments for rental assistance.
Sec. 504. Termination of youthbuild program assistance.
Sec. 505. Termination of HOME program assistance.
Sec. 506. Termination of housing assistance for the homeless.
Sec. 507. Savings provision.
Sec. 508. Effective date.
TITLE VI—FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL
HOUSING ACTIVITIES
Sec. 601. Authority and requirements.
Sec. 602. Security and repayment.
Sec. 603. Payment of interest.
Sec. 604. Training and information.
Sec. 605. Limitations on amount of guarantees.
Sec. 606. Effective date.
TITLE VII—OTHER HOUSING ASSISTANCE FOR NATIVE
AMERICANS
Sec. 701. Loan guarantees for Indian housing.
Sec. 702. 50-year leasehold interest in trust or restricted lands for housing pur-
poses.
Sec. 703. Training and technical assistance.
Sec. 704. Public and Assisted Housing Drug Elimination Act of 1990.
Sec. 705. Effective date.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) the Federal Government has a responsibility
to promote the general welfare of the Nation—
(A) by using Federal resources to aid fami-
lies and individuals seeking affordable homes in
safe and healthy environments and, in particu-
lar, assisting responsible, deserving citizens who
cannot provide fully for themselves because of
temporary circumstances or factors beyond
their control;
(B) by working to ensure a thriving na-
tional economy and a strong private housing
market; and
(C) by developing effective partnerships
among the Federal Government, State, tribal,
and local governments, and private entities that
allow government to accept responsibility for
fostering the development of a healthy market-
place and allow families to prosper without gov-
ernment involvement in their day-to-day activi-
ties;
(2) there exists a unique relationship between
the Government of the United States and the gov-
ernments of Indian tribes and a unique Federal re-
sponsibility to Indian people;
(3) the Constitution of the United States in-
vests the Congress with plenary power over the field
of Indian affairs, and through treaties, statutes, and
historical relations with Indian tribes, the United
States has undertaken a unique trust responsibility
to protect and support Indian tribes and Indian peo-
ple;
(4) the Congress, through treaties, statutes,
and the general course of dealing with Indian tribes,
has assumed a trust responsibility for the protection
and preservation of Indian tribes and for working
with tribes and their members to improve their hous-
ing conditions and socioeconomic status so that they
are able to take greater responsibility for their own
economic condition;
(5) providing affordable homes in safe and
healthy environments is an essential element in the
special role of the United States in helping tribes
and their members to improve their housing condi-
tions and socioeconomic status;
(6) the need for affordable homes in safe and
healthy environments on Indian reservations, in In-
dian communities, and in Native Alaskan villages is
acute and the Federal Government should work not
only to provide housing assistance, but also, to the
extent practicable, to assist in the development of
private housing finance mechanisms on Indian lands
to achieve the goals of economic self-sufficiency and
self-determination for tribes and their members; and
(7) Federal assistance to meet these respon-
sibilities should be provided in a manner that recog-
nizes the right of Indian self-determination and trib-
al self-governance by making such assistance avail-
able directly to the Indian tribes or tribally des-
ignated entities under authorities similar to those
accorded Indian tribes in Public Law 93–638 (25
U.S.C. 450 et seq.).
SEC. 3. ADMINISTRATION THROUGH OFFICE OF NATIVE
AMERICAN PROGRAMS.
The Secretary of Housing and Urban Development
shall carry out this Act through the Office of Native Amer-
ican Programs of the Department of Housing and Urban
Development.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions
shall apply:
(1) ADJUSTED INCOME.—The term ‘‘adjusted
income’’ means the annual income that remains
after excluding the following amounts:
(A) YOUTHS, STUDENTS, AND
PERSONS
WITH DISABILITIES.—$480 for each member of
the family residing in the household (other than
the head of the household or the spouse of the
head of the household)—
(i) who is under 18 years of age; or
(ii) who is—
(I) 18 years of age or older; and
(II) a person with disabilities or
a full-time student.
(B) ELDERLY AND DISABLED FAMILIES.—
$400 for an elderly or disabled family.
(C) 
MEDICAL
AND
ATTENDANT
EX-
PENSES.—The amount by which 3 percent of
the annual income of the family is exceeded by
the aggregate of—
(i) medical expenses, in the case of an
elderly or disabled family; and
(ii) reasonable attendant care and
auxiliary apparatus expenses for each fam-
ily member who is a person with disabil-
ities, to the extent necessary to enable any
member of the family (including a member
who is a person with disabilities) to be em-
ployed.
(D) CHILD CARE EXPENSES.—Child care
expenses, to the extent necessary to enable an-
other member of the family to be employed or
to further his or her education.
(E) EARNED
INCOME
OF
MINORS.—The
amount of any earned income of any member of
the family who is less than 18 years of age.
(F) TRAVEL EXPENSES.—Excessive travel
expenses, not to exceed $25 per family per
week, for employment- or education-related
travel.
(G) 
OTHER
AMOUNTS.—Such 
other
amounts as may be provided in the Indian
housing plan for an Indian tribe.
(2) AFFORDABLE HOUSING.—The term ‘‘afford-
able housing’’ means housing that complies with the
requirements for affordable housing under title II.
The term includes permanent housing for homeless
persons who are persons with disabilities, transi-
tional housing, and single room occupancy housing.
(3) DRUG-RELATED CRIMINAL ACTIVITY.—The
term ‘‘drug-related criminal activity’’ means the ille-
gal manufacture, sale, distribution, use, or posses-
sion with intent to manufacture, sell, distribute, or
use, of a controlled substance (as such term is de-
fined in section 102 of the Controlled Substances
Act).
(4) ELDERLY
FAMILIES
AND
NEAR-ELDERLY
FAMILIES.—The terms ‘‘elderly family’’ and ‘‘near-
elderly family’’ mean a family whose head (or his or
her spouse), or whose sole member, is an elderly per-
son or a near-elderly person, respectively. Such
States to Indians because of their status as In-
dians pursuant to the Indian Self-Determina-
tion and Education Assistance Act of 1975.
(C) STATE RECOGNIZED TRIBE.—
(i) IN
GENERAL.—The term ‘‘State
recognized tribe’’ means any tribe, band,
nation, pueblo, village, or community—
(I) that has been recognized as
an Indian tribe by any State; and
(II) for which an Indian Housing
Authority has, before the effective
date under section 107, entered into a
contract with the Secretary pursuant
to the United States Housing Act of
1937 for housing for Indian families
and has received funding pursuant to
such contract within the 5-year period
ending upon such effective date.
(ii) 
CONDITIONS.—Notwithstanding
clause (i)—
(I) the allocation formula under
section 302 shall be determined for a
State recognized tribe under tribal
membership eligibility criteria in exist-
ence on the date of the enactment of
this Act; and
(II) nothing in this paragraph
shall be construed to confer upon a
State recognized tribe any rights,
privileges, responsibilities, or obliga-
tions otherwise accorded groups recog-
nized as Indian tribes by the United
States for other purposes.
(13) LOW-INCOME FAMILY.—The term ‘‘low-in-
come family’’ means a family whose income does not
exceed 80 percent of the median income for the
area, as determined by the Secretary with adjust-
ments for smaller and larger families, except that
the Secretary may, for purposes of this paragraph,
establish income ceilings higher or lower than 80
percent of the median for the area on the basis of
the findings of the Secretary or the agency that such
variations are necessary because of prevailing levels
of construction costs or unusually high or low family
incomes.
(14) MEDIAN INCOME.—The term ‘‘median in-
come’’ means, with respect to an area that is an In-
dian area, the greater of—
(A) the median income for the Indian area,
which the Secretary shall determine; or
(B) the median income for the United
States.
(15) 
NEAR-ELDERLY
PERSON.—The 
term
‘‘near-elderly person’’ means a person who is at least
55 years of age and less than 62 years of age.
(16) 
NONPROFIT.—The 
term 
‘‘nonprofit’’
means, with respect to an organization, association,
corporation, or other entity, that no part of the net
earnings of the entity inures to the benefit of any
member, founder, contributor, or individual.
(17) PERSON WITH DISABILITIES.—The term
‘‘person with disabilities’’ means a person who—
(A) has a disability as defined in section
223 of the Social Security Act;
(B) is determined, pursuant to regulations
issued by the Secretary, to have a physical,
mental, or emotional impairment which—
(i) is expected to be of long-continued
and indefinite duration;
(ii) substantially impedes his or her
ability to live independently; and
(iii) is of such a nature that such abil-
ity could be improved by more suitable
housing conditions; or
(C) has a developmental disability as de-
fined in section 102 of the Developmental Dis-
abilities Assistance and Bill of Rights Act.
Such term shall not exclude persons who have the
disease of acquired immunodeficiency syndrome or
any conditions arising from the etiologic agent for
acquired immunodeficiency syndrome. Notwithstand-
ing any other provision of law, no individual shall be
considered a person with disabilities, for purposes of
eligibility for housing assisted under this Act, solely
on the basis of any drug or alcohol dependence. The
Secretary shall consult with other appropriate Fed-
eral agencies to implement the preceding sentence.
(18) RECIPIENT.—The term ‘‘recipient’’ means
an Indian tribe or the entity for one or more Indian
tribes that is authorized to receive grant amounts
under this Act on behalf of the tribe or tribes.
(19) SECRETARY.—Except as otherwise specifi-
cally provided in this Act, the term ‘‘Secretary’’
means the Secretary of Housing and Urban Develop-
ment.
(20) STATE.—The term ‘‘State’’ means the
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Com-
monwealth of the Northern Mariana Islands, Guam,
the Virgin Islands, American Samoa, and any other
territory or possession of the United States and In-
dian tribes.
(21) TRIBALLY
DESIGNATED
HOUSING
EN-
TITY.—The terms ‘‘tribally designated housing en-
tity’’ and ‘‘housing entity’’ have the following mean-
ing:
(A) EXISTING IHA’S.—With respect to any
Indian tribe that has not taken action under
subparagraph (B), and for which an Indian
housing authority—
(i) was established for purposes of the
United States Housing Act of 1937 before
the date of the enactment of this Act that
meets the requirements under the United
States Housing Act of 1937,
(ii) is acting upon such date of enact-
ment as the Indian housing authority for
the tribe, and
(iii) is not an Indian tribe for pur-
poses of this Act,
the terms mean such Indian housing authority.
(B) OTHER
ENTITIES.—With respect to
any Indian tribe that, pursuant to this Act, au-
thorizes an entity other than the tribal govern-
ment to receive grant amounts and provide as-
sistance under this Act for affordable housing
for Indians, which entity is established—
(i) by exercise of the power of self-
government of one or more Indian tribes
independent of State law, or
(ii) by operation of State law provid-
ing specifically for housing authorities or
housing entities for Indians, including re-
gional housing authorities in the State of
Alaska,
the terms mean such entity.
(C) ESTABLISHMENT.—A tribally des-
ignated housing entity may be authorized or es-
tablished by one or more Indian tribes to act on
behalf of each such tribe authorizing or estab-
lishing the housing entity.
TITLE I—BLOCK GRANTS AND
GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
(a) AUTHORITY.—For each fiscal year, the Secretary
shall (to the extent amounts are made available to carry
out this Act) make grants under this section on behalf
of Indian tribes to carry out affordable housing activities.
Under such a grant on behalf of an Indian tribe, the Sec-
retary shall provide the grant amounts for the tribe di-
rectly to the recipient for the tribe.
(b) PLAN REQUIREMENT.—
(1) IN GENERAL.—The Secretary may make a
grant under this Act on behalf of an Indian tribe for
a fiscal year only if—
(A) the Indian tribe has submitted to the
Secretary an Indian housing plan for such fiscal
year under section 102; and
(B) the plan has been determined under
section 103 to comply with the requirements of
section 102.
(2) WAIVER.—The Secretary may waive the ap-
plicability of the requirements under paragraph (1),
in whole or in part, if the Secretary finds that an
Indian tribe has not complied or cannot comply with
such requirements due to circumstances beyond the
control of the tribe.
(c) LOCAL COOPERATION AGREEMENT.—The Sec-
retary may not make any grant under this Act on behalf
of an Indian tribe unless the governing body of the locality
within which any affordable housing to be assisted with
the grant amounts will be situated has entered into an
agreement with the recipient for the tribe providing for
local cooperation required by the Secretary pursuant to
this Act.
(d) EXEMPTION FROM TAXATION.—A grant recipient
for an Indian tribe may receive a block grant under this
Act only if—
(1) the affordable housing assisted with grant
amounts received by the recipient (exclusive of any
portions not assisted with amounts provided under
this Act) is exempt from all real and personal prop-
erty taxes levied or imposed by any State, tribe, city,
county, or other political subdivision; and
(2) the recipient makes annual payments of
user fees to compensate such governments for the
costs of providing governmental services, including
police and fire protection, roads, water and sewerage
systems, utilities systems and related facilities, or
payments in lieu of taxes to such taxing authority,
in an amount equal to the greater of $150 per dwell-
ing unit or 10 percent of the difference between the
shelter rent and the utility cost, or such lesser
amount as—
(A) is prescribed by State, tribal, or local
law;
(B) is agreed to by the local governing
body in the agreement under subsection (c); or
(C) the recipient and the local governing
body agree that such user fees or payments in
lieu of taxes shall not be made.
(e) EFFECT OF FAILURE TO EXEMPT FROM TAX-
ATION.—Notwithstanding subsection (d), a grant recipient
that does not comply with the requirements under such
subsection may receive a block grant under this Act, but
only if the tribe, State, city, county, or other political sub-
division in which the affordable housing development is lo-
cated contributes, in the form of cash or tax remission,
the amount by which the taxes paid with respect to the
development exceed the amounts prescribed in subsection
(d)(2).
(f) AMOUNT.—Except as otherwise provided under
this Act, the amount of a grant under this section to a
recipient for a fiscal year shall be—
(1) in the case of a recipient whose grant bene-
ficiary is a single Indian tribe, the amount of the al-
location under section 301 for the Indian tribe; and
(2) in the case of a recipient whose grant bene-
ficiary is more than 1 Indian tribe, the sum of the
amounts of the allocations under section 301 for
each such Indian tribe.
(g) USE
FOR AFFORDABLE HOUSING ACTIVITIES
UNDER PLAN.—Except as provided in subsection (h),
amounts provided under a grant under this section may
be used only for affordable housing activities under title
II that are consistent with an Indian housing plan ap-
proved under section 103.
(h) ADMINISTRATIVE
EXPENSES.—The Secretary
shall, by regulation, authorize each recipient to use a per-
centage of any grant amounts received under this Act for
any reasonable administrative and planning expenses of
the recipient relating to carrying out this Act and activi-
ties assisted with such amounts, which may include costs
for salaries of individuals engaged in administering and
managing affordable housing activities assisted with grant
amounts provided under this Act and expenses of prepar-
ing an Indian housing plan under section 102.
(i) PUBLIC-PRIVATE PARTNERSHIPS.—Each recipi-
ent shall make all reasonable efforts, consistent with the
purposes of this Act, to maximize participation by the pri-
vate sector, including nonprofit organizations and for-
profit entities, in implementing the approved Indian hous-
ing plan.
SEC. 102. INDIAN HOUSING PLANS.
(a) PLAN SUBMISSION.—The Secretary shall pro-
vide—
(1) for an Indian tribe to submit to the Sec-
retary, for each fiscal year, a housing plan under
this section for the tribe;
(2) for the tribally designated housing entity for
the tribe to submit the plan as provided in sub-
section (d) for the tribe; and
(3) for the review of such plans.
(b) 5-YEAR PLAN.—Each housing plan under this
section shall be in a form prescribed by the Secretary and
shall contain, with respect to the 5-year period beginning
with the fiscal year for which the plan is submitted, the
following information:
(1) MISSION STATEMENT.—A general statement
of the mission of the Indian tribe to serve the needs
of the low-income families in the jurisdiction of the
Indian tribe during the period.
(2) GOALS AND OBJECTIVES.—A statement of
the goals and objectives of the Indian tribe to enable
the tribe to serve the needs identified in paragraph
(1) during the period.
(3) ACTIVITIES PLAN.—An overview of the ac-
tivities planned during the period including an anal-
ysis of the manner in which the activities will enable
the tribe to meet its mission, goals, and objectives.
(c) 1-YEAR PLAN.—A housing plan under this section
for an Indian tribe shall be in a form prescribed by the
Secretary and contain the following information relating
to the upcoming fiscal year for which the assistance under
this Act is to be made available:
(1) GOALS AND OBJECTIVES.—A statement of
the goals and objectives to be accomplished during
that period.
(2) STATEMENT OF NEEDS.—A statement of
the housing needs of the low-income Indian families
residing in the jurisdiction of the Indian tribe and
the means by which such needs will be addressed
during the period, including—
(A) a description of the estimated housing
needs and the need for assistance for the low-
income Indian families in the jurisdiction, in-
cluding a description of the manner in which
the geographical distribution of assistance is
consistent with the geographical needs and
needs for various categories of housing assist-
ance; and
(B) a description of the estimated housing
needs for all Indian families in the jurisdiction.
(3) FINANCIAL
RESOURCES.—An operating
budget for the recipient, in a form prescribed by the
Secretary, that includes—
(A) an identification and a description of
the financial resources reasonably available to
the recipient to carry out the purposes of this
Act, including an explanation of the manner in
which amounts made available will leverage ad-
ditional resources; and
(B) the uses to which such resources will
be committed, including eligible and required
affordable housing activities under title II and
administrative expenses.
(4) AFFORDABLE
HOUSING
RESOURCES.—A
statement of the affordable housing resources cur-
rently available and to be made available during the
period, including—
(A) a description of the significant charac-
teristics of the housing market in the jurisdic-
tion, including the availability of housing from
other public sources, private market housing,
and the manner in which such characteristics
influence the decision of the recipient to use
grant amounts to be provided under this Act
for rental assistance, production of new units,
acquisition of existing units, or rehabilitation of
units;
(B) a description of the structure, coordi-
nation, and means of cooperation between the
recipient and any other governmental entities in
the development, submission, or implementation
of housing plans, including a description of the
involvement of private, public, and nonprofit or-
ganizations and institutions, and the use of loan
guarantees under section 184 of the Housing
and Community Development Act of 1992, and
other housing assistance provided by the Fed-
eral Government for Indian tribes, including
loans, grants, and mortgage insurance;
(C) a description of the manner in which
the plan will address the needs identified pursu-
ant to paragraph (2);
(D) a description of the manner in which
the recipient will protect and maintain the via-
bility of housing owned and operated by the re-
cipient that was developed under a contract be-
tween the Secretary and an Indian housing au-
thority pursuant to the United States Housing
Act of 1937;
(E) a description of any existing and an-
ticipated homeownership programs and rental
programs to be carried out during the period,
and the requirements and assistance available
under such programs;
(F) a description of any existing and an-
ticipated housing rehabilitation programs nec-
essary to ensure the long-term viability of the
housing to be carried out during the period, and
the requirements and assistance available under
such programs;
(G) a description of all other existing or
anticipated housing assistance provided by the
recipient during the period, including transi-
tional housing, homeless housing, college hous-
ing, supportive services housing, and the re-
quirements and assistance available under such
programs;
(H) a description of any housing to be de-
molished or disposed of, a timetable for such
demolition or disposition, and any other infor-
mation required by the Secretary with respect
to such demolition or disposition;
(I) a description of the manner in which
the recipient will coordinate with tribal and
State welfare agencies to ensure that residents
of such housing will be provided with access to
resources to assist in obtaining employment and
achieving self-sufficiency;
(J) a description of the requirements es-
tablished by the recipient to promote the safety
of residents of such housing, facilitate the un-
dertaking of crime prevention measures, allow
resident input and involvement, including the
establishment of resident organizations, and
allow for the coordination of crime prevention
activities between the recipient and tribal and
local law enforcement officials; and
(K) a description of the entity that will
carry out the activities under the plan, includ-
ing the organizational capacity and key person-
nel of the entity.
(5) CERTIFICATION OF COMPLIANCE.—Evidence
of compliance which shall include, as appropriate—
(A) a certification that the recipient will
comply with title II of the Civil Rights Act of
1968 in carrying out this Act, to the extent
that such title is applicable, and other applica-
ble Federal statutes;
(B) a certification that the recipient will
maintain adequate insurance coverage for hous-
ing units that are owned and operated or as-
sisted with grant amounts provided under this
Act, in compliance with such requirements as
may be established by the Secretary;
(C) a certification that policies are in ef-
fect and are available for review by the Sec-
retary and the public governing the eligibility,
admission, and occupancy of families for hous-
ing assisted with grant amounts provided under
this Act;
(D) a certification that policies are in ef-
fect and are available for review by the Sec-
retary and the public governing rents charged,
including the methods by which such rents or
homebuyer payments are determined, for hous-
ing assisted with grant amounts provided under
this Act; and
(E) a certification that policies are in ef-
fect and are available for review by the Sec-
retary and the public governing the manage-