tional level, Demonstration Program participants 
shall collectively be entitled to a proportionate 
amount from the national total based on the propor-
tionate NAHASDA formula allocation percentage of 
the total Alaska allocation relative to the national 
pool at the time of the enactment of this section; 
‘‘(5) provide that, consistent with existing law, 
each agreement entered into hereunder shall specify 
the amount of funding designated as Current As-
sisted Stock funding and ‘Needs’ funding; and 
‘‘(6) provide that to the extent that affordable 
housing activities carried out by a participant under 
this Act reduce administrative or other responsibil-
ities of the Secretary and result in savings that have 
not otherwise been included in an Annual Funding 
Agreement, the Secretary shall make such savings 
available for the provision of additional services to 
program beneficiaries in a manner that is equitable 
for beneficiaries receiving services under the provi-
sions of this Act as well as those who continue to 
receive services under NAHASDA; such identified 
savings, if any, as well as any funding made avail-
able pursuant to paragraph (3), shall be distributed 
to participants pursuant to a negotiated formula al-
location methodology to be mutually negotiated by 
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the participants and the Secretary through the nego-
tiated rulemaking process provided for in subsection 
(m). 
‘‘(f) ADDITIONAL BASE AMOUNT INCLUSIONS; TRIB-
AL ELECTION.—Any Alaska tribe within a participant’s 
housing area that did not utilize that participant as its 
tribally designated housing entity on the effective date of 
this section may designate that participant as its tribally 
designated housing entity, and, upon designation, that 
participant’s base amount under subsection (e)(2) shall be 
credited with an amount equal to the amount of funding 
received by the designating tribe under section 101 for the 
fiscal year in which the designation is made. Any designa-
tion made under this subsection shall be provided to the 
Secretary in writing no later than 90 days prior to the 
commencement of the fiscal year in which the designation 
will take effect, and must be made no later than July 1, 
2011; except that for fiscal year 2008, the designation 
may be made no later than October 1, 2008. 
‘‘(g) PARTICIPANT BUDGETARY AUTHORITY.—Sub-
ject to the limitations of subsection (k) participants may 
expend funds awarded under this section on affordable 
housing activities and the cost of administering the dem-
onstration project in the participant’s housing area based 
solely on the internal budgeting approval processes estab-
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lished by the governing board of each participating entity. 
Secretary may not require review or approval of any par-
ticipant’s budget allocation or reallocation. 
‘‘(h) CARRYFORWARD
OF FUNDS; PROGRAM IN-
COME.—Notwithstanding any other provision of law, fund-
ing provided to a participant under this section for any 
fiscal year, which are not obligated or expended prior to 
the beginning of the next subsequent fiscal year shall re-
main available for obligation or expenditure during such 
subsequent fiscal year and thereafter until obligated or ex-
pended and accounted for in the annual single audit re-
quired of each participant pursuant to subsection (l). A 
participant may retain any program income that is real-
ized from any amounts received under this section, and 
no awards under this section may be reduced on account 
of the realization of any such income. 
‘‘(i) GENERAL ADMINISTRATIVE PROVISIONS.— 
‘‘(1) FEDERAL
SUPPLY
SOURCES.—For pur-
poses of section 201(a) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 
481(a)) (relating to Federal sources of supply, in-
cluding lodging providers, airlines and other trans-
portation providers), a participant shall be deemed 
an executive agency when carrying out programs, 
services, functions and activities under this section 
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and participant and its employees shall be eligible to 
have access to such sources of supply on the same 
basis as employees of an executive agency. 
‘‘(2) MATCHING FUNDS.—Notwithstanding any 
other provision of law, a participant may use funds 
provided under this section to meet matching or cost 
participation requirements under any other federal 
or non-federal program, and funds provided under 
this section shall be considered non-Federal funds. 
‘‘(3) AUTHORITY
OF
TRIBALLY
DESIGNATED 
HOUSING
ENTITIES.—Unless otherwise limited by 
tribal resolution, tribally designated housing entities 
shall be authorized, on behalf of their respective des-
ignating tribes, to assume all duties, responsibilities 
and functions which are provided for under this Act 
and which may be lawfully delegated by such tribes. 
‘‘(j) ELIGIBLE USES OF FUNDS.— 
‘‘(1) ADMINISTRATION
AND
PLANNING.—Not 
more than 20 percent of any fiscal year award may 
be expended for demonstration project administra-
tion and planning. 
‘‘(2) AFFORDABLE HOUSING ACTIVITIES.—Par-
ticipants shall be authorized to develop or to support 
affordable housing for rental or homeownership, or 
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to provide housing services with respect to affordable 
housing, through the following activities: 
‘‘(A) INDIAN HOUSING ASSISTANCE.—The 
provision of any service or facility authorized 
for Indian tribes under paragraphs (1) through 
(6) of section 202. 
‘‘(B) MAINTENANCE
AND
MODERNIZA-
TION.—The maintenance, operation and mod-
ernization of affordable housing units con-
structed with funds provided under this Act. 
‘‘(C) 
RENTAL
VOUCHERS.—Notwith-
standing any other provision of law, the 
issuance of rental assistance payments to a 
building owner, including facilities owned in 
whole or part by a participant, or to a tenant 
eligible to receive assistance under this Act 
shall not be considered a Federal award with 
respect to section 42 of the Internal Revenue 
Code, of 1986. Such rental assistance payments 
to either a building owner or tenant shall not 
affect the eligible basis of a qualified building 
for the taxable year and all succeeding taxable 
years. 
‘‘(D) HOUSING RELATED COMMUNITY DE-
VELOPMENT.—The development of any facility, 
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community building, business, activity, or infra-
structure that is necessary to the direct con-
struction of affordable housing in the housing 
area, would help a participant reduce the cost 
of construction of affordable housing, or would 
otherwise promote the purposes of this Act. 
‘‘(E) 
OTHER
ACTIVITIES.—Participants 
may negotiate with the Secretary to authorize 
expenditures for other programs and services 
that may best meet or support affordable hous-
ing needs within their respective service areas. 
Any activities demonstrated to meet such needs 
that are designed to carry out the purposes of 
this Act, and not otherwise prohibited by law, 
shall be allowed by the Secretary to the max-
imum extent possible. 
‘‘(k) BASE BUDGET REQUEST.—For fiscal years 
2009 through 2012, the Secretary shall identify, in the 
annual budget request by the President to the Congress 
under section 1105 of title 31, United States Code, a sepa-
rate Alaska Native Housing Assistance Demonstration 
Program funding amount which shall be equal to the sum 
of the amounts received by participants in the previous 
fiscal year pursuant to the provisions of this section. 
‘‘(l) RECORDS AND MONITORING.— 
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‘‘(1) MAINTENANCE OF RECORDS.—Each par-
ticipant shall keep such records as the Secretary 
shall prescribe by regulation promulgated under sec-
tions 552 and 553 of title 5, United State Code, in-
cluding records which fully disclose— 
‘‘(A) the amount and disposition by such 
participant of the proceeds of funds awarded 
under this section; 
‘‘(B) the cost of the project or undertaking 
in connection with which such assistance is 
given or used; 
‘‘(C) the amount of that portion of the cost 
of the project or undertaking supplied by other 
sources; and 
‘‘(D) such other information as will facili-
tate an effective audit as required by subsection 
(e) below. 
‘‘(2) ACCESS TO RECORDS.—The Comptroller 
General and the Secretary, or any of their duly au-
thorized representatives, shall, until the expiration of 
the three-year period beginning upon the completion 
of the project undertaking referred to in the para-
graph (1), have access (for the purpose of examina-
tion) to any books, documents, papers, and records 
of participants which in the opinion of the Comp-
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troller General or the Secretary may be related or 
pertinent to the grants, contracts, subcontracts, sub- 
funds, or transactions other by which funds may 
have been received or expended. 
‘‘(3) ACCESS BY INDIAN PEOPLE.—Each partic-
ipant shall make such reports and information avail-
able to the Alaska Native people served or rep-
resented by such participant as and in a manner de-
termined to be adequate by the Secretary. 
‘‘(4) REPAYMENT
OF
FUNDS
UPON
DISSOLU-
TION.—If any participant is, for any reason, subject 
to dissolution, funds paid to the participant under 
this section and not expended or used for the pur-
pose for which paid shall be repaid to the Treasury 
of the United States through the Secretary. 
‘‘(5) SINGLE AGENCY AUDIT.—All participants 
receiving awards under this section shall be subject 
to the reporting requirement of the Single Audit Act 
of 1984 (98 stat. 2327, 31 U.S.C. 7501 et. seq.). No 
other financial audit may be required by the Sec-
retary relating to funds awarded under this section. 
In addition to the single-agency audit report require-
ments, participants shall submit such additional in-
formation concerning the programs, functions, serv-
ices, or activities carried out pursuant to an agree-
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ment under this section as participants may jointly 
negotiate with the Secretary pursuant to subsection 
(m). 
‘‘(m) REGULATIONS.— 
‘‘(1) NEGOTIATED RULEMAKING COMMITTEE.— 
‘‘(A) Notwithstanding sections 563(a) and 
565(a) of title 5, all regulations required under 
this section shall be issued according to a nego-
tiated rulemaking procedure under subchapter 
III of chapter 5 of title 5, United States Code. 
‘‘(B) Final rules under this subsection 
shall be adopted and published by the Secretary 
not later than the expiration of the 18-month 
period beginning upon the date of the enact-
ment of this section. 
‘‘(2) MEMBERSHIP.—A negotiated rulemaking 
committee established pursuant to this subsection 
shall have as its members only Federal and partici-
pating entity representatives, a majority of whom 
shall be representatives of participating entities, with 
each entity entitled to appoint no more than two of-
ficial representatives. 
‘‘(3) EFFECT.—Any lack of promulgated regu-
lations shall not limit the effect or implementation 
of the provisions of this section. Regulations promul-
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gated under section 106 shall not apply to partici-
pants, except that participants may in their sole dis-
cretion elect to include select provisions of such reg-
ulations within an individual participant funding 
agreement. 
‘‘(n) REPLACEMENT OF PARTICIPANT.— 
‘‘(1) 
REPLACEMENT.—Notwithstanding 
any 
other provision of law, the Secretary may, only in 
the circumstances set forth in paragraph (2), replace 
the participant with another qualified participant ca-
pable of servicing the housing area of the participant 
being investigated. 
‘‘(2) CONDITIONS OF REMOVAL.—The Secretary 
may replace the participant only upon a determina-
tion by the Secretary, on the record after oppor-
tunity for a hearing, that the participant has en-
gaged in a pattern or practice of activities that con-
stitutes substantial or willful noncompliance with the 
applicable requirements of this Act. 
‘‘(3) DURATION.—Any replacement participant 
under this subsection shall act as a participant only 
for a period that expires upon— 
‘‘(A) a date certain, which shall be speci-
fied by the Secretary upon making the deter-
mination under paragraph (2); or 
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‘‘(B) the occurrence of specific conditions, 
which conditions shall be specified in written 
notice provided by the Secretary to the removed 
participant upon making the determination 
under paragraph (2). 
‘‘(o) APPLICABILITY OF OTHER LAWS.— 
‘‘(1) EFFECT OF OTHER LAWS.—The provisions 
of this section supersede any conflicting provisions of 
law (including any conflicting regulations) in effect 
at the time of the enactment of this section, and at 
the request of any participant, the Secretary is au-
thorized to waive or repeal any regulation incon-
sistent with the provisions of this section. 
‘‘(2) FACILITATION.—Except as otherwise pro-
vided by law, the Secretary shall facilitate the imple-
mentation of agreements entered into under this Act 
by interpreting, negotiating, and implementing each 
existing Federal law and regulation, and negotiating 
implementing regulations as required by subsection 
(m) that are similar in nature, purpose, and scope 
to agreements and regulations entered into pursuant 
to the self-determination and self-governance provi-
sions of titles I, IV and V of the Indian Self-Deter-
mination and Education Assistance Act of 1975 (25 
U.S.C. 450 et seq.). A participant may, at its discre-
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tion, choose to identify and list in an Annual Fund-
ing Agreement which, if any specific provisions of 
NAHASDA and its implementing regulations shall 
be applicable and deemed to be incorporated into the 
individual Annual Funding Agreement. 
‘‘(p) AUTHORIZATION
OF
APPROPRIATIONS
FOR 
TRAINING AND TECHNICAL ASSISTANCE.—There are au-
thorized to be appropriated $500,000 for each of fiscal 
years 2008 through 2012 to an organization chartered 
under the laws of the State of Alaska representing Alaska 
Native housing interests to provide training and technical 
assistance to participants to facilitate the implementation 
of this section.’’. 
Æ 
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