I 
117TH CONGRESS 
1ST SESSION H. R. 5195 
To reauthorize the Native American Housing Assistance and Self- 
Determination Act of 1996, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2021 
Ms. WATERS introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To reauthorize the Native American Housing Assistance and 
Self-Determination Act of 1996, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF-
ERENCES. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Native American Housing Assistance and Self-Deter-
mination Reauthorization Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents; references. 
Sec. 2. Office of Native American Programs. 
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TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 
Sec. 101. Block grants. 
Sec. 102. Recommendations regarding exceptions to annual Indian housing 
plan requirement. 
Sec. 103. Environmental review. 
Sec. 104. Deadline for action on request for approval regarding exceeding TDC 
maximum cost for project. 
TITLE II—AFFORDABLE HOUSING ACTIVITIES 
Sec. 201. National objectives and eligible families. 
Sec. 202. Homeownership or lease-to-own low-income requirement and income 
targeting. 
Sec. 203. Lease requirements and tenant selection. 
Sec. 204. Tribal coordination of agency funding. 
Sec. 205. Exception to maximum total development cost for energy efficient 
housing. 
TITLE III—ALLOCATION OF GRANT AMOUNTS 
Sec. 301. Authorization of appropriations. 
Sec. 302. Effect of undisbursed block grant amounts on annual allocations. 
TITLE IV—AUDITS AND REPORTS 
Sec. 401. Review and audit by Secretary. 
Sec. 402. Reports to Congress. 
TITLE V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 
Sec. 501. HUD–Veterans Affairs Supportive Housing program for Native 
American veterans. 
Sec. 502. Loan guarantees for Indian housing. 
Sec. 503. Set-aside of USDA rural housing funding for Indian tribes. 
Sec. 504. Indian tribe eligibility for HUD housing counseling. 
Sec. 505. Competitive grants. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Lands Title Report Commission. 
Sec. 602. Leasehold interest in trust or restricted lands for housing purposes. 
Sec. 603. Exemption for Indian tribes from national flood insurance program 
participation requirement. 
Sec. 604. Compliance with treaty obligations. 
Sec. 605. Clerical amendment. 
TITLE VII—HOUSING FOR NATIVE HAWAIIANS 
Sec. 701. Reauthorization of Native Hawaiian Homeownership Act. 
Sec. 702. Reauthorization of loan guarantees for Native Hawaiian housing. 
(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, 
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a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Na-
tive American Housing Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4101 et seq.). 
SEC. 2. OFFICE OF NATIVE AMERICAN PROGRAMS. 
(a) ESTABLISHMENT.—Section 4 of the Department 
of Housing and Urban Development Act (42 U.S.C. 3533) 
is amended— 
(1) in subsection (a)(1), by striking ‘‘7 Assist-
ant Secretaries’’ and inserting ‘‘8 Assistant Secre-
taries’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(i) OFFICE OF NATIVE AMERICAN PROGRAMS.— 
‘‘(1) ESTABLISHMENT.—There is established, 
in the Department, the Office of Native American 
Programs. 
‘‘(2) HEAD.—The head of the Office of Native 
American Programs shall be one of the Assistant 
Secretaries 
appointed 
pursuant 
to 
subsection 
(a)(1).’’. 
(b) PAY RATE.—Section 5315 of title 5, United 
States Code is amended, in the item relating to Assistant 
Secretaries of Housing and Urban Development, by strik-
ing ‘‘(8)’’ and inserting ‘‘(9)’’. 
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TITLE I—BLOCK GRANTS AND 
GRANT REQUIREMENTS 
SEC. 101. BLOCK GRANTS. 
Section 101 (25 U.S.C. 4111) is amended— 
(1) in subsection (c), by adding after the period 
at the end the following: ‘‘The Secretary shall act 
upon a waiver request submitted under this sub-
section by a recipient within 60 days after receipt of 
such request.’’; and 
(2) in subsection (k), by striking ‘‘1’’ and in-
serting ‘‘an’’. 
SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS 
TO ANNUAL INDIAN HOUSING PLAN RE-
QUIREMENT. 
Not later than the expiration of the 120-day period 
beginning on the date of the enactment of this Act and 
after consultation with Indian tribes, tribally designated 
housing entities, and other interested parties, the Sec-
retary of Housing and Urban Development shall submit 
to the Congress recommendations for standards and pro-
cedures for waiver of, or alternative requirements (which 
may include multi-year housing plans) for, the require-
ment under section 102(a) of the Native American Hous-
ing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4112(a)) for annual submission of one-year hous-
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ing plans for an Indian tribe. Such recommendations shall 
include a description of any legislative and regulatory 
changes necessary to implement such recommendations. 
SEC. 103. ENVIRONMENTAL REVIEW. 
Section 105 (25 U.S.C. 4115) is amended— 
(1) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘may’’ and inserting ‘‘shall’’; and 
(B) by adding after and below paragraph 
(4) the following: 
‘‘The Secretary shall act upon a waiver request submitted 
under this subsection by a recipient within 60 days after 
receipt of such request.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW 
REQUIREMENTS.—If a recipient is using one or more 
sources of Federal funds in addition to grant amounts 
under this Act in carrying out a project that qualifies as 
an affordable housing activity under section 202, such 
other sources of Federal funds do not exceed 49 percent 
of the total cost of the project, and the recipient’s tribe 
has assumed all of the responsibilities for environmental 
review, decision making, and action pursuant to this sec-
tion, the tribe’s compliance with the review requirements 
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under this section and the National Environmental Policy 
Act of 1969 with regard to such project shall be deemed 
to fully comply with and discharge any applicable environ-
mental review requirements that might apply to Federal 
agencies with respect to the use of such additional Federal 
funding sources for that project.’’. 
SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR AP-
PROVAL REGARDING EXCEEDING TDC MAX-
IMUM COST FOR PROJECT. 
(a) APPROVAL.—Section 103 (25 U.S.C. 4113) is 
amended by adding at the end the following new sub-
section: 
‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EX-
CEED TDC MAXIMUM.—A request for approval by the 
Secretary of Housing and Urban Development to exceed 
by more than 10 percent the total development cost max-
imum cost for a project shall be approved or denied during 
the 60-day period that begins on the date that the Sec-
retary receives the request.’’. 
(b) DEFINITION.—Section 4 (25 U.S.C. 4103) is 
amended— 
(1) by redesignating paragraph (22) as para-
graph (23); and 
(2) by inserting after paragraph (21) the fol-
lowing new paragraph: 
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‘‘(22) TOTAL DEVELOPMENT COST.—The term 
‘total development cost’ means, with respect to a 
housing project, the sum of all costs for the project, 
including all undertakings necessary for administra-
tion, planning, site acquisition, demolition, construc-
tion or equipment and financing (including payment 
of carrying charges), and for otherwise carrying out 
the development of the project, excluding off-site 
water and sewer. The total development cost 
amounts shall be based on a moderately designed 
house and determined by averaging the current con-
struction costs as listed in not less than two nation-
ally recognized residential construction cost indi-
ces.’’. 
TITLE II—AFFORDABLE 
HOUSING ACTIVITIES 
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 
The second paragraph (6) of section 201(b) (25 
U.S.C. 4131(b)(6); relating to exemption) is amended— 
(1) by striking ‘‘1964 and’’ and inserting 
‘‘1964,’’; and 
(2) by inserting after ‘‘1968’’ the following: ‘‘, 
and section 3 of the Housing and Urban Develop-
ment Act of 1968’’. 
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SEC. 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN-
COME 
REQUIREMENT 
AND 
INCOME 
TAR-
GETING. 
Section 205 (25 U.S.C. 4135) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(E) notwithstanding any other provision 
of this paragraph, in the case of rental housing 
that is made available to a current rental family 
for conversion to a homebuyer or a lease-pur-
chase unit, that the current rental family can 
purchase through a contract of sale, lease-pur-
chase agreement, or any other sales agreement, 
is made available for purchase only by the cur-
rent rental family, if the rental family was a 
low-income family at the time of their initial oc-
cupancy of such unit; and’’; and 
(2) in subsection (c), by adding after the period 
at the end the following: ‘‘The provisions of such 
paragraph regarding binding commitments for the 
remaining useful life of the property shall not apply 
to improvements of privately owned homes if the 
cost of such improvements do not exceed 10 percent 
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of the maximum total development cost for such 
home.’’. 
SEC. 203. LEASE REQUIREMENTS AND TENANT SELECTION. 
Section 207 (25 U.S.C. 4137) is amended by adding 
at the end the following new subsection: 
‘‘(c) NOTICE
OF TERMINATION.—Notwithstanding 
any other provision of law, the owner or manager of rental 
housing that is assisted in part with amounts provided 
under this Act and in part with one or more other sources 
of Federal funds shall only utilize leases that require a 
notice period for the termination of the lease pursuant to 
subsection (a)(3).’’. 
SEC. 204. TRIBAL COORDINATION OF AGENCY FUNDING. 
(a) IN GENERAL.—Subtitle A of title II (25 U.S.C. 
4131 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION. 
‘‘Notwithstanding any other provision of law, a re-
cipient authorized to receive funding under this Act may, 
in its discretion, use funding from the Indian Health Serv-
ice of the Department of Health and Human Services for 
construction of sanitation facilities for housing construc-
tion and renovation projects that are funded in part by 
funds provided under this Act.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is amended by inserting after the item re-
lating to section 210 the following new item: 
‘‘Sec. 211. IHS sanitation facilities construction.’’. 
SEC. 205. EXCEPTION TO MAXIMUM TOTAL DEVELOPMENT 
COST FOR ENERGY EFFICIENT HOUSING. 
Section 103 (25 U.S.C. 4113) is amended by adding 
at the end the following new subsection: 
‘‘(g) EXCEPTION
TO MAXIMUM TOTAL DEVELOP-
MENT COST FOR ENERGY EFFICIENT HOUSING.—The 
Secretary shall approve a request to exceed the total devel-
opment cost maximum cost for a project to the extent that 
such exception is necessary to provide energy efficiency 
upgrades for the project and the cost of such upgrades 
does not exceed the average cost of such upgrades in the 
area in which the project is located.’’. 
TITLE III—ALLOCATION OF 
GRANT AMOUNTS 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Section 108 (25 U.S.C. 4117) is amended to read as 
follows: 
‘‘SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated for grants 
under this title— 
‘‘(1) $680,000,000 for fiscal year 2022; 
‘‘(2) $713,000,000 for fiscal year 2023; 
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‘‘(3) $747,000,000 for fiscal year 2024; 
‘‘(4) $783,000,000 for fiscal year 2025; and 
‘‘(5) $820,000,000 for fiscal year 2026.’’. 
SEC. 
302. 
EFFECT 
OF 
UNDISBURSED 
BLOCK 
GRANT 
AMOUNTS ON ANNUAL ALLOCATIONS. 
(a) IN GENERAL.—Title III (25 U.S.C. 4151 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON 
ANNUAL ALLOCATIONS. 
‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED 
GRANT AMOUNTS.—Subject to subsection (d) of this sec-
tion, if on October 1, 2022, or on any October 1 there-
after, the total amount of undisbursed block grants for 
a recipient in the line of credit control system (or a suc-
cessor system) of the Department of Housing and Urban 
Development is greater than the sum of the initial alloca-
tions for the previous 3 fiscal years, the Secretary shall— 
‘‘(1) before October 31 of such year, notify the 
Indian tribe allocated the grant amounts and any 
tribally designated housing entity for the tribe of the 
undisbursed funds; and 
‘‘(2) require the recipient for the tribe to, not 
later than 30 days after the Secretary provides noti-
fication pursuant to paragraph (1)— 
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‘‘(A) notify the Secretary in writing of the 
reasons why the recipient has not requested the 
disbursement of such amounts; and 
‘‘(B) demonstrate to the satisfaction of the 
Secretary that the recipient has the capacity to 
spend Federal funds in an effective manner, 
which demonstration may include evidence of 
the timely expenditure of amounts previously 
distributed under this Act to the recipient. 
‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sec-
tions 301 and 302, the allocation for such fiscal year for 
a recipient described in subsection (a) shall be the amount 
initially calculated according to the formula minus the dif-
ference between the recipient’s total amount of undis-
bursed block grants in the Department’s line of credit con-
trol system on such January 1 and three times the initial 
formula amount for such fiscal year. 
‘‘(c) REALLOCATION.—Notwithstanding any other 
provision of law, any grant amounts not allocated to a re-
cipient pursuant to subsection (b) shall be allocated under 
the need component of the formula proportionately 
amount all other Indian tribes not subject to such an ad-
justment. 
‘‘(d) INAPPLICABILITY.—Subsections (a) and (b) 
shall not apply to an Indian tribe with respect to any fiscal 
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year for which the amount allocated for the tribe for block 
grants under this Act is less than $5,000,000. 
‘‘(e) EFFECTIVENESS.—This section shall not require 
the issuance of any regulation to take effect and shall not 
be construed to confer hearing rights under this or any 
other section of this Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is amended by inserting after the item re-
lating to section 302 the following new item: 
‘‘Sec. 303. Effect of undisbursed grant amounts on annual allocations.’’. 
TITLE IV—AUDITS AND REPORTS 
SEC. 401. REVIEW AND AUDIT BY SECRETARY. 
Section 405(c) (25 U.S.C. 4165(c)) is amended, by 
adding at the end the following new paragraph: 
‘‘(3) ISSUANCE OF FINAL REPORT.—The Sec-
retary shall issue a final report within 60 days after 
receiving comments under paragraph (1) from a re-
cipient.’’. 
SEC. 402. REPORTS TO CONGRESS. 
Section 407 (25 U.S.C. 4167) is amended— 
(1) in subsection (a), by striking ‘‘Congress’’ 
and inserting ‘‘Committee on Financial Services and 
the Committee on Natural Resources of the House 
of Representatives, to the Committee on Indian Af-
fairs and the Committee on Banking, Housing, and 
Urban Affairs of the Senate, and to any subcommit-
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tees of such committees having jurisdiction with re-
spect to Native American and Alaska Native af-
fairs,’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) PUBLIC AVAILABILITY TO RECIPIENTS.—Each 
report submitted pursuant to subsection (a) shall be made 
publicly available to recipients.’’. 
TITLE V—OTHER HOUSING AS-
SISTANCE FOR NATIVE AMER-
ICANS 
SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE HOUSING 
PROGRAM 
FOR 
NATIVE 
AMERICAN 
VET-
ERANS. 
Paragraph (19) of section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend-
ed by adding at the end the following new subparagraph: 
‘‘(E) INDIAN VETERANS HOUSING RENTAL 
ASSISTANCE PROGRAM.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) 
ELIGIBLE
INDIAN
VET-
ERAN.—The term ‘eligible Indian vet-
eran’ means an Indian veteran who 
is— 
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‘‘(aa) homeless or at risk of 
homelessness; and 
‘‘(bb) living— 
‘‘(AA) on or near a res-
ervation; or 
‘‘(BB) in or near any 
other Indian area. 
‘‘(II) 
ELIGIBLE
RECIPIENT.— 
The term ‘eligible recipient’ means a 
recipient eligible to receive a grant 
under section 101 of the Native 
American Housing Assistance and 
Self-Determination Act of 1996 (25 
U.S.C. 4111). 
‘‘(III) INDIAN; INDIAN
AREA.— 
The terms ‘Indian’ and ‘Indian area’ 
have the meanings given such terms 
in section 4 of the Native American 
Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 
4103). 
‘‘(IV) INDIAN
VETERAN.—The 
term ‘Indian veteran’ means an In-
dian who is a veteran. 
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‘‘(V) PROGRAM.—The term ‘Pro-
gram’ means the Tribal HUD–VASH 
program carried out under clause (ii). 
‘‘(VI) TRIBAL
ORGANIZATION.— 
The term ‘tribal organization’ has the 
meaning given such term in section 4 
of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 
5304). 
‘‘(ii) 
PROGRAM
SPECIFICATIONS.— 
The Secretary shall use not less than 5 
percent of the amounts made available for 
rental assistance under this paragraph to 
carry out a rental assistance and sup-
ported housing program, to be known as 
the Tribal HUD–VASH program, in con-
junction with the Secretary of Veterans Af-
fairs, by awarding grants for the benefit of 
eligible Indian veterans. 
‘‘(iii) MODEL.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the Sec-
retary shall model the Program on the 
rental assistance and supported hous-
ing program authorized under sub-
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paragraph (A) and applicable appro-
priations Acts, including administra-
tion in conjunction with the Secretary 
of Veterans Affairs. 
‘‘(II) EXCEPTIONS.— 
‘‘(aa) SECRETARY OF HOUS-
ING
AND
URBAN
DEVELOP-
MENT.—After consultation with 
Indian tribes, eligible recipients, 
and any other appropriate tribal 
organizations, the Secretary may 
make necessary and appropriate 
modifications to facilitate the use 
of the Program by eligible recipi-
ents to serve eligible Indian vet-
erans. 
‘‘(bb) SECRETARY
OF
VET-
ERANS AFFAIRS.—After consulta-
tion with Indian tribes, eligible 
recipients, and any other appro-
priate tribal organizations, the 
Secretary of Veterans Affairs 
may make necessary and appro-
priate modifications to facilitate 
the use of the Program by eligi-
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ble recipients to serve eligible In-
dian veterans. 
‘‘(iv) 
ELIGIBLE
RECIPIENTS.—The 
Secretary shall make amounts for rental 
assistance and associated administrative 
costs under the Program available in the 
form of grants to eligible recipients. 
‘‘(v) FUNDING
CRITERIA.—The Sec-
retary shall award grants under the Pro-
gram based on— 
‘‘(I) need; 
‘‘(II) administrative capacity; and 
‘‘(III) any other funding criteria 
established by the Secretary in a no-
tice published in the Federal Register 
after consulting with the Secretary of 
Veterans Affairs. 
‘‘(vi) 
ADMINISTRATION.—Grants 
awarded under the Program shall be ad-
ministered in accordance with the Native 
American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4101 
et seq.), except that recipients shall— 
‘‘(I) submit to the Secretary, in a 
manner prescribed by the Secretary, 
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reports on the utilization of rental as-
sistance provided under the Program; 
and 
‘‘(II) provide to the Secretary in-
formation specified by the Secretary 
to assess the effectiveness of the Pro-
gram in serving eligible Indian vet-
erans. 
‘‘(vii) CONSULTATION.— 
‘‘(I) GRANT RECIPIENTS; TRIBAL 
ORGANIZATIONS.—The Secretary, in 
coordination with the Secretary of 
Veterans Affairs, shall consult with el-
igible recipients and any other appro-
priate tribal organization on the de-
sign of the Program to ensure the ef-
fective delivery of rental assistance 
and supportive services to eligible In-
dian veterans under the Program. 
‘‘(II) INDIAN
HEALTH
SERV-
ICE.—The Director of the Indian 
Health Service shall provide any as-
sistance requested by the Secretary or 
the Secretary of Veterans Affairs in 
carrying out the Program. 
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‘‘(viii) WAIVER.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the Sec-
retary may waive or specify alter-
native requirements for any provision 
of law (including regulations) that the 
Secretary administers in connection 
with the use of rental assistance made 
available under the Program if the 
Secretary finds that the waiver or al-
ternative requirement is necessary for 
the effective delivery and administra-
tion of rental assistance under the 
Program to eligible Indian veterans. 
‘‘(II) EXCEPTIONS.—The Sec-
retary may not waive or specify alter-
native requirements under subclause 
(I) for any provision of law (including 
regulations) relating to labor stand-
ards or the environment. 
‘‘(ix) RENEWAL
GRANTS.—The Sec-
retary may— 
‘‘(I) set aside, from amounts 
made available for tenant-based rental 
assistance under this subsection and 
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without regard to the amounts used 
for new grants under clause (ii), such 
amounts as may be necessary to 
award renewal grants to eligible re-
cipients that received a grant under 
the Program in a previous year; and 
‘‘(II) specify criteria that an eli-
gible recipient must satisfy to receive 
a renewal grant under subclause (I), 
including providing data on how the 
eligible recipient used the amounts of 
any grant previously received under 
the Program. 
‘‘(x) REPORTING.— 
‘‘(I) IN
GENERAL.—Not later 
than 1 year after the date of enact-
ment of the Tribal HUD–VASH Act 
of 2021, and every 5 years thereafter, 
the Secretary, in coordination with the 
Secretary of Veterans Affairs and the 
Director of the Indian Health Service, 
shall— 
‘‘(aa) conduct a review of 
the implementation of the Pro-
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gram, including any factors that 
may have limited its success; and 
‘‘(bb) submit a report de-
scribing the results of the review 
under item (aa) to— 
‘‘(AA) the Committee 
on Indian Affairs, the Com-
mittee on Banking, Housing, 
and 
Urban 
Affairs, 
the 
Committee on Veterans’ Af-
fairs, and the Committee on 
Appropriations of the Sen-
ate; and 
‘‘(BB) 
the 
Sub-
committee on Indian, Insu-
lar and Alaska Native Af-
fairs of the Committee on 
Natural 
Resources, 
the 
Committee 
on 
Financial 
Services, the Committee on 
Veterans’ Affairs, and the 
Committee 
on 
Appropria-
tions of the House of Rep-
resentatives. 
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‘‘(II) ANALYSIS
OF
HOUSING 
STOCK
LIMITATION.—The Secretary 
shall include in the initial report sub-
mitted under subclause (I) a descrip-
tion of— 
‘‘(aa) any regulations gov-
erning the use of formula current 
assisted stock (as defined in sec-
tion 1000.314 of title 24, Code of 
Federal Regulations (or any suc-
cessor regulation)) within the 
Program; 
‘‘(bb) the number of recipi-
ents of grants under the Pro-
gram that have reported the reg-
ulations described in item (aa) as 
a barrier to implementation of 
the Program; and 
‘‘(cc) proposed alternative 
legislation or regulations devel-
oped by the Secretary in con-
sultation 
with 
recipients 
of 
grants under the Program to 
allow the use of formula current 
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assisted stock within the Pro-
gram.’’. 
SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
184(i) of the Housing and Community Development Act 
of 1992 (12 U.S.C. 1715z–13a(i)) is amended— 
(1) in paragraph (5)— 
(A) in subparagraph (C), by striking 
‘‘2008 through 2012’’ and inserting ‘‘2022 
through 2026’’; and 
(2) by striking paragraph (7) and inserting the 
following new paragraph: 
‘‘(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the 
Guarantee Fund to carry out this section— 
‘‘(A) $12,200,000 for fiscal year 2022; 
‘‘(B) $12,800,000 for fiscal year 2023; 
‘‘(C) $13,400,000 for fiscal year 2024; 
‘‘(D) $14,000,000 for fiscal year 2025; 
and 
‘‘(E) $14,700,000 for fiscal year 2026.’’. 
(b) FORECLOSURE PROCEEDINGS.— 
(1) JURISDICTION.—Paragraph (1) of section 
184(h) of the Housing and Community Development 
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Act of 1992 (12 U.S.C. 1715z–13a(h)(1)) is amend-
ed— 
(A) in subparagraph(A)(i), by inserting ‘‘, 
including in a tribal court having jurisdiction,’’ 
after ‘‘notice of such action to the Secretary)’’; 
and 
(B) in subparagraph (B), by inserting be-
fore the period at the end the following: ‘‘, 
which may include initiating foreclosure pro-
ceedings in the tribal court having jurisdiction, 
but if the tribal court does not hold proceedings 
on a foreclosure complaint within the period 
provided under applicable law or within 90 days 
of service of the foreclosure complaint (which-
ever is longer), the Secretary may voluntarily 
dismiss the tribal court action and proceed to 
file in another court of competent jurisdiction’’. 
(2) CONTRACT ATTORNEYS.—Clause (i) of sec-
tion 184(h)(1)(A) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z– 
13a(h)(1)), as amended by subsection (b) of this sec-
tion, is further amended by adding at the end the 
following: ‘‘The Attorney General may contract for 
and use the services of private attorneys in handling 
such foreclosure proceedings if the Attorney General 
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determines use of such attorneys will facilitate com-
petent and cost-effective representation.’’. 
SEC. 503. SET-ASIDE OF USDA RURAL HOUSING FUNDING 
FOR INDIAN TRIBES. 
Section 509 of the Housing Act of 1949 (42 U.S.C. 
1479) is amended by adding at the end the following new 
subsection: 
‘‘(g) SET-ASIDE FOR INDIAN TRIBES.—For each fis-
cal year, the Secretary shall set aside and reserve for as-
sistance for Indian tribes (as such term is defined in sec-
tion 4 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4103)) an 
amount equal to 5.0 percent in each fiscal year of the ag-
gregate amount of lending authority, budget authority, or 
guarantee authority, as appropriate, made available for 
such fiscal year for assistance under each of sections 502, 
504, 515, 533, and 538 and of the aggregate amount 
made available to the Rural Utilities Service to carry out 
programs or activities. The procedure under this section 
for reserving amounts shall also provide that any assist-
ance set aside in any fiscal year for Indian tribes that has 
not been expended by a reasonable date established by the 
Secretary shall be made available and allocated under the 
laws and regulations relating to such assistance, notwith-
standing this subsection.’’. 
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SEC. 504. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
COUNSELING. 
Paragraph (4) of section 106(a) of the Housing and 
Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) 
is amended— 
(1) in subparagraph (A)— 
(A) by striking ‘‘and’’ and inserting a 
comma; and 
(B) by inserting before the period at the 
end the following: ‘‘, Indian tribes, and tribally 
designated housing entities. For purposes of 
this paragraph, the terms ‘Indian tribe’ and 
‘tribally designated housing entity’ shall have 
the same meanings given such terms in section 
4 of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 
4103)’’; and 
(2) in subparagraph (B), by inserting ‘‘, Indian 
tribes, and tribally designated housing entities’’ after 
‘‘organizations)’’. 
SEC. 505. COMPETITIVE GRANTS. 
Title VII (25 U.S.C. 4211 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 706. COMPETITIVE GRANTS. 
‘‘(a) AUTHORITY.—To the extent amounts are made 
available pursuant to subsection (d), the Secretary shall 
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make grants under this section, pursuant to a competition 
for such grants, to eligible recipients of block grants under 
title I that apply for grants under this section for use only 
for carrying out eligible affordable housing activities under 
section 202 (25 U.S.C. 4132). 
‘‘(b) PRIORITY; CONSIDERATIONS.—In awarding 
grants under this section, the Secretary shall— 
‘‘(1) give priority to projects for construction, 
and related necessary infrastructure, that will in-
crease the inventory of affordable housing; 
‘‘(2) encourage housing rehabilitation projects 
that will increase the useful life of existing afford-
able housing dwelling units and alleviate sub-
standard housing conditions; 
‘‘(3) encourage necessary affordable housing-re-
lated infrastructure projects that will enable future 
construction or rehabilitation; and 
‘‘(4) consider need and administrative capacity 
of applicants. 
‘‘(c) ADMINISTRATIVE
COSTS.—Of any amounts 
made available pursuant to subsection (d) for any fiscal 
year, not more than 1 percent may be used by the Sec-
retary for necessary costs of administering and overseeing 
the obligation and expenditure of amounts made available 
for grants under this section. 
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‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion— 
‘‘(1) $100,000,000 for fiscal year 2022; 
‘‘(2) $105,000,000 for fiscal year 2023; 
‘‘(3) $110,000,000 for fiscal year 2024; 
‘‘(4) $115,000,000 for fiscal year 2025; and 
‘‘(5) $120,000,000 for fiscal year 2026.’’. 
TITLE VI—MISCELLANEOUS 
SEC. 601. LANDS TITLE REPORT COMMISSION. 
Section 501 of the American Homeownership and 
Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) 
is amended— 
(1) in subsection (a), by striking ‘‘Subject to 
sums being provided in advance in appropriations 
Acts, there’’ and inserting ‘‘There’’; and 
(2) in subsection (b)(1) by striking ‘‘this Act’’ 
and inserting ‘‘the Native American Housing Assist-
ance and Self-Determination Reauthorization Act of 
2021’’. 
SEC. 602. LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
LANDS FOR HOUSING PURPOSES. 
Section 702 (25 U.S.C. 4211) is amended— 
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