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(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.
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(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,
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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.
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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
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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,
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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—
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(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
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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
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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
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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,
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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-
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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-
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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
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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-
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ment and maintenance of housing assisted with
grant amounts provided under this Act.
(d) PARTICIPATION
OF
TRIBALLY
DESIGNATED
HOUSING ENTITY.—A plan under this section for an In-
dian tribe may be prepared and submitted on behalf of
the tribe by the tribally designated housing entity for the
tribe, but only if such plan contains a certification by the
recognized tribal government of the grant beneficiary that
such tribe—
(1) has had an opportunity to review the plan
and has authorized the submission of the plan by
the housing entity; or
(2) has delegated to such tribally designated
housing entity the authority to submit a plan on be-
half of the tribe without prior review by the tribe.
(e) COORDINATION OF PLANS.—A plan under this
section may cover more than 1 Indian tribe, but only if
the certification requirements under subsection (d) are
complied with by each such grant beneficiary covered.
(f) PLANS FOR SMALL TRIBES.—
(1) SEPARATE REQUIREMENTS.—The Secretary
may—
(A) establish requirements for submission
of plans under this section and the information
to be included in such plans applicable to small
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Indian tribes and small tribally designated
housing entities; and
(B) waive any requirements under this sec-
tion that the Secretary determines are burden-
some or unnecessary for such tribes and hous-
ing entities.
(2) SMALL TRIBES.—The Secretary may define
small Indian tribes and small tribally designated
housing entities based on the number of dwelling
units assisted under this title by the tribe or housing
entity or owned or operated pursuant to a contract
under the United States Housing Act of 1937 be-
tween the Secretary and the Indian housing author-
ity for the tribe.
(g) REGULATIONS.—The requirements relating to the
contents of plans under this section shall be established
by regulation, pursuant to section 106.
SEC. 103. REVIEW OF PLANS.
(a) REVIEW AND NOTICE.—
(1) REVIEW.—The Secretary shall conduct a
limited review of each Indian housing plan submitted
to the Secretary to ensure that the plan complies
with the requirements of section 102. The Secretary
shall have the discretion to review a plan only to the
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extent that the Secretary considers review is nec-
essary.
(2) NOTICE.—The Secretary shall notify each
Indian tribe for which a plan is submitted and any
tribally designated housing entity for the tribe
whether the plan complies with such requirements
not later than 60 days after receiving the plan. If
the Secretary does not notify the Indian tribe, as re-
quired under this subsection and subsection (b), the
plan shall be considered, for purposes of this Act, to
have been determined to comply with the require-
ments under section 102 and the tribe shall be con-
sidered to have been notified of compliance upon the
expiration of such 60-day period.
(b) NOTICE OF REASONS FOR DETERMINATION OF
NONCOMPLIANCE.—If the Secretary determines that a
plan, as submitted, does not comply with the requirements
under section 102, the Secretary shall specify in the notice
under subsection (a) the reasons for the noncompliance
and any modifications necessary for the plan to meet the
requirements under section 102.
(c) REVIEW.—After submission of the Indian housing
plan or any amendment or modification to the plan to the
Secretary, to the extent that the Secretary considers such
action to be necessary to make determinations under this
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subsection, the Secretary shall review the plan (including
any amendments or modifications thereto) to determine
whether the contents of the plan—
(1) set forth the information required by section
102 to be contained in an Indian housing plan;
(2) are consistent with information and data
available to the Secretary; and
(3) are prohibited by or inconsistent with any
provision of this Act or other applicable law.
If the Secretary determines that any of the appropriate
certifications required under section 102(c)(5) are not in-
cluded in the plan, the plan shall be deemed to be incom-
plete.
(d) UPDATES TO PLAN.—After a plan under section
102 has been submitted for an Indian tribe for any fiscal
year, the tribe may comply with the provisions of such sec-
tion for any succeeding fiscal year (with respect to infor-
mation included for the 5-year period under section 102(b)
or the 1-year period under section 102(c)) by submitting
only such information regarding such changes as may be
necessary to update the plan previously submitted. Not
less than once every 5 years, the tribe shall submit a com-
plete plan.
(e) EFFECTIVE DATE.—This section and section 102
shall take effect on the date provided by the Secretary pur-
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suant to section 106(a) to provide for timely submission
and review of Indian housing plans as necessary for the
provision of assistance under this Act in fiscal year 1998.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR
STANDARDS.
(a) PROGRAM INCOME.—
(1) AUTHORITY TO RETAIN.—A recipient may
retain any program income that is realized from any
grant amounts under this Act if—
(A) such income was realized after the ini-
tial disbursement of the grant amounts received
by the recipient; and
(B) the recipient has agreed that it will
utilize the program income for affordable hous-
ing activities in accordance with the provisions
of this Act.
(2) PROHIBITION OF REDUCTION OF GRANT.—
The Secretary may not reduce the grant amount for
any Indian tribe based solely on—
(A) whether the recipient for the tribe re-
tains program income under paragraph (1);
(B) the amount of any such program in-
come retained; or
(C) whether the recipient retains reserve
amounts described in section 210.
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(3) EXCLUSION OF AMOUNTS.—The Secretary
may, by regulation, exclude from consideration as
program income any amounts determined to be so
small that compliance with the requirements of this
subsection would create an unreasonable administra-
tive burden on the recipient.
(b) LABOR STANDARDS.—
(1) IN GENERAL.—Any contract or agreement
for assistance, sale, or lease pursuant to this Act
shall contain a provision requiring that not less than
the wages prevailing in the locality, as determined or
adopted (subsequent to a determination under appli-
cable State, tribal, or local law) by the Secretary,
shall be paid to all architects, technical engineers,
draftsmen, and technicians employed in the develop-
ment, and all maintenance laborers and mechanics
employed in the operation, of the affordable housing
project involved; and shall also contain a provision
that not less than the wages prevailing in the local-
ity, as predetermined by the Secretary of Labor pur-
suant to the Davis-Bacon Act (40 U.S.C. 276a-
276a–5), shall be paid to all laborers and mechanics
employed in the development of the affordable hous-
ing involved, and the Secretary shall require certifi-
cation as to compliance with the provisions of this
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paragraph before making any payment under such
contract or agreement.
(2) EXCEPTIONS.—Paragraph (1) and the pro-
visions relating to wages (pursuant to paragraph
(1)) in any contract or agreement for assistance,
sale, or lease pursuant to this Act, shall not apply
to any individual who receives no compensation or is
paid expenses, reasonable benefits, or a nominal fee
to perform the services for which the individual vol-
unteered and who is not otherwise employed at any
time in the construction work.
SEC. 105. ENVIRONMENTAL REVIEW.
(a) IN GENERAL.—
(1) RELEASE OF FUNDS.—In order to ensure
that the policies of the National Environmental Pol-
icy Act of 1969 and other provisions of law that fur-
ther the purposes of such Act (as specified in regula-
tions issued by the Secretary) are most effectively
implemented in connection with the expenditure of
grant amounts provided under this Act, and to en-
sure to the public undiminished protection of the en-
vironment, the Secretary, in lieu of the environ-
mental protection procedures otherwise applicable,
may by regulation provide for the release of amounts
for particular projects to tribes which assume all of
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the responsibilities for environmental review, deci-
sionmaking, and action pursuant to such Act, and
such other provisions of law as the regulations of the
Secretary specify, that would apply to the Secretary
were the Secretary to undertake such projects as
Federal projects.
(2) REGULATIONS.—
(A) IN
GENERAL.—The Secretary shall
issue regulations to carry out this section only
after consultation with the Council on Environ-
mental Quality.
(B) CONTENTS.—The regulations issued
under this paragraph shall—
(i) provide for the monitoring of the
environmental reviews performed under
this section;
(ii) in the discretion of the Secretary,
facilitate training for the performance of
such reviews; and
(iii) provide for the suspension or ter-
mination of the assumption of responsibil-
ities under this section.
(3) EFFECT ON ASSUMED RESPONSIBILITY.—
The duty of the Secretary under paragraph (2)(B)
shall not be construed to limit or reduce any respon-
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sibility assumed by a recipient of grant amounts
with respect to any particular release of funds.
(b) PROCEDURE.—The Secretary shall approve the
release of funds subject to the procedures authorized by
this section only if, not less than 15 days prior to such
approval and prior to any commitment of funds to such
projects, the tribe has submitted to the Secretary a re-
quest for such release accompanied by a certification that
meets the requirements of subsection (c). The approval of
the Secretary of any such certification shall be deemed to
satisfy the responsibilities of the Secretary under the Na-
tional Environmental Policy Act of 1969 and such other
provisions of law as the regulations of the Secretary speci-
fy insofar as those responsibilities relate to the releases
of funds for projects to be carried out pursuant thereto
that are covered by such certification.
(c) CERTIFICATION.—A certification under the proce-
dures authorized by this section shall—
(1) be in a form acceptable to the Secretary;
(2) be executed by the chief executive officer or
other officer of the tribe under this Act qualified
under regulations of the Secretary;
(3) specify that the tribe has fully carried out
its responsibilities as described under subsection (a);
and
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(4) specify that the certifying officer—
(A) consents to assume the status of a re-
sponsible Federal official under the National
Environmental Policy Act of 1969 and each
provision of law specified in regulations issued
by the Secretary insofar as the provisions of
such Act or such other provisions of law apply
pursuant to subsection (a); and
(B) is authorized and consents on behalf of
the tribe and such officer to accept the jurisdic-
tion of the Federal courts for the purpose of en-
forcement of the responsibilities of the certify-
ing officer as such an official.
SEC. 106. REGULATIONS.
(a) TRANSITION REQUIREMENTS.—
(1) IN GENERAL.—Not later than 90 days after
the date of the enactment of this Act, the Secretary
shall, by notice issued in the Federal Register, estab-
lish any requirements necessary to provide for the
transition (upon the effectiveness of this Act and the
amendments made by this Act) from the provision of
assistance for Indian tribes and Indian housing au-
thorities under the United States Housing Act of
1937 and other related provisions of law to the pro-
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vision of assistance in accordance with this Act and
the amendments made by this Act.
(2) PUBLIC COMMENTS; GENERAL NOTICE OF
PROPOSED RULEMAKING.—The notice issued under
paragraph (1) shall—
(A) invite public comments regarding such
transition requirements and final regulations to
carry out this Act; and
(B) include a general notice of proposed
rulemaking (for purposes of section 564(a) of
title 5, United States Code) of the final regula-
tions under subsection (b).
(b) FINAL REGULATIONS.—
(1) TIMING.—The Secretary shall issue final
regulations necessary to carry out this Act not later
than September 1, 1997, and such regulations shall
take effect not later than the effective date of this
Act.
(2) NEGOTIATED RULEMAKING PROCEDURE.—
(A) IN
GENERAL.—Notwithstanding sec-
tions 563(a) and 565(a) of title 5, United
States Code, all regulations required under this
Act shall be issued according to a negotiated
rulemaking procedure under subchapter III of
chapter 5 of title 5, United States Code.
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(B) COMMITTEE.—
(i) IN GENERAL.—The Secretary shall
establish a negotiated rulemaking commit-
tee, in accordance with the procedures
under that subchapter, for the development
of proposed regulations under subpara-
graph (A).
(ii) ADAPTATION.—In establishing the
negotiated rulemaking committee, the Sec-
retary shall—
(I) adapt the procedures under
the subchapter described in clause (i)
to the unique government-to-govern-
ment relationship between the Indian
tribes and the United States, and
shall ensure that the membership of
the committee include only represent-
atives of the Federal Government and
of geographically diverse small, me-
dium, and large Indian tribes; and
(II) shall not preclude the par-
ticipation of tribally designated hous-
ing entities should tribes elect to be
represented by such entities.
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(c) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act.
SEC. 107. EFFECTIVE DATE.
Except as otherwise expressly provided in this Act,
this Act and the amendments made by this Act shall take
effect on October 1, 1997.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants
under this title such sums as may be necessary for each
of fiscal years 1998, 1999, 2000, and 2001. This section
shall take effect on the date of the enactment of this Act.
TITLE II—AFFORDABLE
HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
(a) PRIMARY OBJECTIVE.—The national objectives of
this Act are—
(1) to assist and promote affordable housing ac-
tivities to develop, maintain, and operate affordable
housing in safe and healthy environments on Indian
reservations and in other Indian areas for occupancy
by low-income Indian families;
(2) to ensure better access to private mortgage
markets for Indian tribes and their members and to
promote self-sufficiency of Indian tribes and their
members;
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(3) to coordinate activities to provide housing
for Indian tribes and their members with Federal,
State, and local activities to further economic and
community development for Indian tribes and their
members;
(4) to plan for and integrate infrastructure re-
sources for Indian tribes with housing development
for tribes; and
(5) to promote the development of private cap-
ital markets in Indian country and to allow such
markets to operate and grow, thereby benefiting In-
dian communities.
(b) ELIGIBLE FAMILIES.—
(1) IN GENERAL.—Except as provided under
paragraph (2), assistance under eligible housing ac-
tivities under this Act shall be limited to low-income
Indian families on Indian reservations and other In-
dian areas.
(2) EXCEPTION
TO
LOW-INCOME
REQUIRE-
MENT.—A recipient may provide assistance for
homeownership activities under section 202(2),
model activities under section 202(6), or loan guar-
antee activities under title VI to Indian families who
are not low-income families, to the extent that the
Secretary approves the activities pursuant to such
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section or title because there is a need for housing
for such families that cannot reasonably be met
without such assistance. The Secretary shall estab-
lish limits on the amount of assistance that may be
provided under this Act for activities for families
who are not low-income families.
(3) NON-INDIAN
FAMILIES.—Notwithstanding
paragraph (1), a recipient may provide housing or
housing assistance provided through affordable hous-
ing activities assisted with grant amounts under this
Act for a non-Indian family on an Indian reservation
or other Indian area if the recipient determines that
the presence of the family on the Indian reservation
or other Indian area is essential to the well-being of
Indian families and the need for housing for the
family cannot reasonably be met without such assist-
ance.
(4) PREFERENCE FOR TRIBAL MEMBERS AND
OTHER INDIAN FAMILIES.—The Indian housing plan
for an Indian tribe may require preference, for hous-
ing or housing assistance provided through afford-
able housing activities assisted with grant amounts
provided under this Act on behalf of such tribe, to
be given (to the extent practicable) to Indian fami-
lies who are members of such tribe, or to other In-
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dian families. In any case in which the applicable In-
dian housing plan for an Indian tribe provides for
preference under this paragraph, the recipient for
the tribe shall ensure that housing activities that are
assisted with grant amounts under this Act for such
tribe are subject to such preference.
(5) EXEMPTION.—Title VI of the Civil Rights
Act of 1964 and title VIII of the Civil Rights Act
of 1968 shall not apply to actions by Indian tribes
under this subsection.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Affordable housing activities under this title are ac-
tivities, in accordance with the requirements of this title,
to develop or to support affordable housing for rental or
homeownership, or to provide housing services with re-
spect to affordable housing, through the following activi-
ties:
(1) INDIAN HOUSING ASSISTANCE.—The provi-
sion of modernization or operating assistance for
housing previously developed or operated pursuant
to a contract between the Secretary and an Indian
housing authority.
(2) DEVELOPMENT.—The acquisition, new con-
struction, reconstruction, or moderate or substantial
rehabilitation of affordable housing, which may in-
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clude real property acquisition, site improvement,
development of utilities and utility services, conver-
sion, demolition, financing, administration and plan-
ning, and other related activities.
(3) HOUSING
SERVICES.—The provision of
housing-related services for affordable housing, such
as housing counseling in connection with rental or
homeownership assistance, establishment and sup-
port of resident organizations and resident manage-
ment corporations, energy auditing, activities related
to the provision of self-sufficiency and other services,
and other services related to assisting owners, ten-
ants, contractors, and other entities, participating or
seeking to participate in other housing activities as-
sisted pursuant to this section.
(4) HOUSING
MANAGEMENT
SERVICES.—The
provision of management services for affordable
housing, including preparation of work specifica-
tions, loan processing, inspections, tenant selection,
management of tenant-based rental assistance, and
management of affordable housing projects.
(5) CRIME PREVENTION AND SAFETY ACTIVI-
TIES.—The provision of safety, security, and law en-
forcement measures and activities appropriate to
protect residents of affordable housing from crime.
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(6) MODEL
ACTIVITIES.—Housing activities
under model programs that are designed to carry
out the purposes of this Act and are specifically ap-
proved by the Secretary as appropriate for such pur-
pose.
SEC. 203. PROGRAM REQUIREMENTS.
(a) RENTS.—
(1) ESTABLISHMENT.—Subject to paragraph
(2), each recipient shall develop written policies gov-
erning rents and homebuyer payments charged for
dwelling units assisted under this Act, including the
methods by which such rents and homebuyer pay-
ments are determined.
(2) MAXIMUM RENT.—In the case of any low-
income family residing in a dwelling unit assisted
with grant amounts under this Act, the monthly rent
or homebuyer payment (as applicable) for such
dwelling unit may not exceed 30 percent of the
monthly adjusted income of such family.
(b) MAINTENANCE AND EFFICIENT OPERATION.—
Each recipient who owns or operates (or is responsible for
funding any entity that owns or operates) housing devel-
oped or operated pursuant to a contract between the Sec-
retary and an Indian housing authority pursuant to the
United States Housing Act of 1937 shall, using amounts
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of any grants received under this Act, reserve and use for
operating assistance under section 202(1) such amounts
as may be necessary to provide for the continued mainte-
nance and efficient operation of such housing. This sub-
section may not be construed to prevent any recipient (or
entity funded by a recipient) from demolishing or dispos-
ing of Indian housing referred to in this subsection, pursu-
ant to regulations established by the Secretary.
(c) INSURANCE COVERAGE.—Each recipient shall
maintain adequate insurance coverage for housing units
that are owned or operated or assisted with grant amounts
provided under this Act.
(d) ELIGIBILITY FOR ADMISSION.—Each recipient
shall develop written policies governing the eligibility, ad-
mission, and occupancy of families for housing assisted
with grant amounts provided under this Act.
(e) MANAGEMENT AND MAINTENANCE.—Each recipi-
ent shall develop policies governing the management and
maintenance of housing assisted with grant amounts
under this Act.
SEC. 204. TYPES OF INVESTMENTS.
(a) IN GENERAL.—Subject to section 203 and the In-
dian housing plan for an Indian tribe, the recipient for
that tribe shall have—
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(1) the discretion to use grant amounts for af-
fordable housing activities through equity invest-
ments, interest-bearing loans or advances, non-
interest-bearing loans or advances, interest sub-
sidies, leveraging of private investments, or any
other form of assistance that the Secretary has de-
termined to be consistent with the purposes of this
Act; and
(2) the right to establish the terms of assist-
ance.
(b) INVESTMENTS.—A recipient may invest grant
amounts for the purposes of carrying out affordable hous-
ing activities in investment securities and other obligations
as approved by the Secretary.
SEC. 
205. 
LOW-INCOME 
REQUIREMENT 
AND 
INCOME
TARGETING.
(a) IN GENERAL.—Housing shall qualify as afford-
able housing for purposes of this Act only if—
(1) each dwelling unit in the housing—
(A) in the case of rental housing, 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
(B) in the case of housing for homeowner-
ship, is made available for purchase only by a
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family that is a low-income family at the time
of purchase; and
(2) except for housing assisted under section
202 of the United States Housing Act of 1937 (as
in effect before the date of the effectiveness of this
Act), each dwelling unit in the housing will remain
affordable, according to binding commitments satis-
factory to the Secretary, for the remaining useful
life of the property (as determined by the Secretary)
without regard to the term of the mortgage or to
transfer of ownership, or for such other period that
the Secretary determines is the longest feasible pe-
riod of time consistent with sound economics and the
purposes of this Act, except upon a foreclosure by a
lender (or upon other transfer in lieu of foreclosure)
if such action—
(A) recognizes any contractual or legal
rights of public agencies, nonprofit sponsors, or
others to take actions that would avoid termi-
nation of low-income affordability in the case of
foreclosure or transfer in lieu of foreclosure;
and
(B) is not for the purpose of avoiding low-
income affordability restrictions, as determined
by the Secretary.
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(b) EXCEPTION.—Notwithstanding subsection (a),
housing assisted pursuant to section 201(b)(2) shall be
considered affordable housing for purposes of this Act.
SEC. 206. CERTIFICATION OF COMPLIANCE WITH SUBSIDY
LAYERING REQUIREMENTS.
With respect to housing assisted with grant amounts
provided under this Act, the requirements of section
102(d) of the Department of Housing and Urban Develop-
ment Reform Act of 1989 shall be considered to be satis-
fied upon certification by the Secretary that the combina-
tion of Federal assistance provided to any housing project
is not any more than is necessary to provide affordable
housing.
SEC. 207. LEASE REQUIREMENTS AND TENANT SELECTION.
(a) LEASES.—Except to the extent otherwise pro-
vided by or inconsistent with tribal law, in renting dwelling
units in affordable housing assisted with grant amounts
provided under this Act, the owner or manager of the
housing shall utilize leases that—
(1) do not contain unreasonable terms and con-
ditions;
(2) require the owner or manager to maintain
the housing in compliance with applicable housing
codes and quality standards;
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(3) require the owner or manager to give ade-
quate written notice of termination of the lease,
which shall be the period of time required under
State, tribal, or local law;
(4) specify that, with respect to any notice of
eviction or termination, notwithstanding any State,
tribal, or local law, a resident shall be informed of
the opportunity, prior to any hearing or trial, to ex-
amine any relevant documents, records, or regula-
tions directly related to the eviction or termination;
(5) require that the owner or manager may not
terminate the tenancy, during the term of the lease,
except for serious or repeated violation of the terms
or conditions of the lease, violation of applicable
Federal, State, tribal, or local law, or for other good
cause; and
(6) provide that the owner or manager may ter-
minate the tenancy of a resident for any activity, en-
gaged in by the resident, any member of the house-
hold of the resident, or any guest or other person
under the control of the resident, that—
(A) threatens the health or safety of, or
right to peaceful enjoyment of the premises by,
other residents or employees of the owner or
manager of the housing;
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(A) a date certain, which shall be specified
by the Secretary upon making the determina-
tion under subsection (b); or
(B) the occurrence of specific conditions,
which conditions shall be specified in written
notice provided by the Secretary to the tribe
upon making the determination under sub-
section (b).
SEC. 403. MONITORING OF COMPLIANCE.
(a) ENFORCEABLE AGREEMENTS.—Each recipient,
through binding contractual agreements with owners and
otherwise, shall ensure long-term compliance with the pro-
visions of this Act. Such measures shall provide for (1)
enforcement of the provisions of this Act by the grant ben-
eficiary or by recipients and other intended beneficiaries,
and (2) remedies for the breach of such provisions.
(b) PERIODIC MONITORING.—Not less frequently
than annually, each recipient shall review the activities
conducted and housing assisted under this Act to assess
compliance with the requirements of this Act. Such review
shall include onsite inspection of housing to determine
compliance with applicable requirements. The results of
each review shall be included in the performance report
of the recipient submitted to the Secretary under section
404 and made available to the public.