II
104TH CONGRESS
2D SESSION
H. R. 3219
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 28, 1996
Received
AN ACT
To provide Federal assistance for Indian tribes in a manner
that recognizes the right of tribal self-governance, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3219 RDS
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.
HR 3219 RDS
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
HR 3219 RDS
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;
HR 3219 RDS
(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-
HR 3219 RDS
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
HR 3219 RDS
(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.
HR 3219 RDS
(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
HR 3219 RDS
terms include 2 or more elderly persons or near-el-
derly persons living together, and 1 or more such
persons living with 1 or more persons determined
under the Indian housing plan for the agency to be
essential to their care or well-being.
(5) ELDERLY PERSON.—The term ‘‘elderly per-
son’’ means a person who is at least 62 years of age.
(6) FAMILY.—The term ‘‘family’’ includes a
family with or without children, an elderly family, a
near-elderly family, a disabled family, and a single
person.
(7) GRANT
BENEFICIARY.—The term ‘‘grant
beneficiary’’ means the Indian tribe or tribes on be-
half of which a grant is made under this Act to a
recipient.
(8) INCOME.—The term ‘‘income’’ means in-
come from all sources of each member of the house-
hold, as determined in accordance with criteria pre-
scribed by the Secretary, except that the following
amounts may not be considered as income under this
paragraph:
(A) Any amounts not actually received by
the family.
HR 3219 RDS
(B) Any amounts that would be eligible for
exclusion under section 1613(a)(7) of the Social
Security Act.
(9) INDIAN.—The term ‘‘Indian’’ means any
person who is a member of an Indian tribe.
(10) INDIAN AREA.—The term ‘‘Indian area’’
means the area within which a tribally designated
housing entity is authorized by one or more Indian
tribes to provide assistance under this Act for af-
fordable housing.
(11) INDIAN HOUSING PLAN.—The term ‘‘In-
dian housing plan’’ means a plan under section 102.
(12) INDIAN TRIBE.—
(A) IN
GENERAL.—The term ‘‘Indian
tribe’’ means a tribe that is a federally recog-
nized tribe or a State recognized tribe.
(B) FEDERALLY
RECOGNIZED
TRIBE.—
The term ‘‘federally recognized tribe’’ means
any Indian tribe, band, nation, or other orga-
nized group or community of Indians, including
any Alaska Native village or regional or village
corporation as defined in or established pursu-
ant to the Alaska Native Claims Settlement
Act, that is recognized as eligible for the special
programs and services provided by the United
HR 3219 RDS
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-
HR 3219 RDS
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—
HR 3219 RDS
(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