I
105TH CONGRESS
1ST SESSION
H. R. 2663
To provide technical corrections to the Native American Housing Assistance
and Self-Determination Act of 1996, to improve the delivery of housing
assistance to Indian tribes in a manner that recognizes the right of
tribal self-governance, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 9, 1997
Mr. METCALF introduced the following bill; which was referred to the
Committee on Banking and Financial Services
A BILL
To provide technical corrections to the Native American
Housing Assistance and Self-Determination Act of 1996,
to improve the delivery of housing assistance to 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Native American Housing Assistance and Self-Deter-
mination Act Amendments of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Restriction on waiver authority.
Sec. 3. Organizational capacity; assistance to families that are not low-income.
Sec. 4. Elimination of waiver authority for small tribes.
Sec. 5. Expanded authority to review Indian housing plans.
Sec. 6. Inclusion of homebuyer selection policies and criteria.
Sec. 7. Oversight.
Sec. 8. Allocation formula.
Sec. 9. Hearing requirement.
Sec. 10. Performance agreements.
Sec. 11. Public availability of Indian housing plans.
Sec. 12. Technical and conforming amendments.
SEC. 2. RESTRICTION ON WAIVER AUTHORITY.
Section 101(b)(2) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4111(b)(2)) is amended by striking ‘‘if the Secretary’’ and
all that follows before the period at the end and inserting
the following: ‘‘for a period of not more than 90 days, if
the Secretary determines that an Indian tribe has not
complied with, or is unable to comply with, those require-
ments due to extreme circumstances beyond the control
of the Indian tribe’’.
SEC. 3. ORGANIZATIONAL CAPACITY; ASSISTANCE TO FAMI-
LIES THAT ARE NOT LOW-INCOME.
(a) ORGANIZATIONAL CAPACITY.—Section 102(c)(4)
of the Native American Housing Assistance and Self-De-
termination Act (25 U.S.C. 4112(c)(4)) is amended—
(1) by redesignating subparagraphs (A) through
(K) as subparagraphs (B) through (L), respectively;
and
(2) by inserting before subparagraph (B), as re-
designated by paragraph (1) of this subsection, the
following:
‘‘(A) a description of the entity that is re-
sponsible for carrying out the activities under
the plan, including a description of—
‘‘(i) the relevant personnel of the en-
tity; and
‘‘(ii) the organizational capacity of the
entity, including—
‘‘(I) the management structure of
the entity; and
‘‘(II) the financial control mecha-
nisms of the entity;’’.
(b) ASSISTANCE TO FAMILIES THAT ARE NOT LOW-
INCOME.—Section 102(c) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4112(c)) is amended by adding at the end the following:
‘‘(6) CERTAIN FAMILIES.—With respect to as-
sistance provided by a recipient to Indian families
that are not low-income families under section
201(b)(2), evidence that there is a need for housing
for each such family during that period that cannot
reasonably be met without such assistance.’’.
SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL
TRIBES.
Section 102 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C.
4112) is amended—
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as sub-
section (f).
SEC. 5. EXPANDED AUTHORITY TO REVIEW INDIAN HOUS-
ING PLANS.
Section 103(a)(1) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4113(a)(1)) is amended—
(1) in the first sentence, by striking ‘‘limited’’;
and
(2) by striking the second sentence.
SEC. 6. INCLUSION OF HOMEBUYER SELECTION POLICIES
AND CRITERIA.
Section 207(b) of the Native American Housing As-
sistance and Self-Determination Act of 1996 (25 U.S.C.
4137(b)) is amended—
(1) by striking ‘‘TENANT SELECTION.—’’ and
inserting 
‘‘TENANT
AND
HOMEBUYER
SELEC-
TION.—’’;
(2) in the matter preceding paragraph (1), by
inserting ‘‘and homebuyer’’ after ‘‘tenant’’; and
(3) in paragraph (3)(A), by inserting ‘‘and
homebuyers’’ after ‘‘tenants’’.
SEC. 7. OVERSIGHT.
(a) REPAYMENT.—Section 209 of the Native Amer-
ican Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4139) is amended to read as follows:
‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING
REQUIREMENT.
‘‘If a recipient uses grant amounts to provide afford-
able housing under this title, and at any time during the
useful life of the housing such recipient does not comply
with the requirement under section 205(a)(2), the Sec-
retary shall take appropriate action under section
401(a).’’.
(b) AUDITS AND REVIEWS.—Section 405 of the Na-
tive American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 1465) is amended to read as fol-
lows:
‘‘SEC. 405. REVIEW AND AUDIT BY SECRETARY.
‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF TITLE
31, UNITED STATES CODE.—
‘‘(1) IN GENERAL.—An entity designated by an
Indian tribe as a housing entity shall be treated, for
purposes of chapter 75 of title 31, United States
Code, as a non-Federal entity that is subject to the
audit requirements that apply to non-Federal enti-
ties under that chapter.
‘‘(2) PAYMENT OF COSTS.—
‘‘(A) IN
GENERAL.—The Secretary may
arrange and pay for any audit required under
paragraph (1).
‘‘(B) WITHHOLDING OF AMOUNTS.—If the
Secretary pays for an audit under subpara-
graph (A), the Secretary may withhold, from
the assistance otherwise payable under this Act,
an amount sufficient to pay for the reasonable
costs of conducting an audit that meets the ap-
plicable requirements of chapter 75 of title 31,
United States Code, including, if appropriate,
the reasonable costs of accounting services nec-
essary to ensure that the books and records of
the entity referred to in paragraph (1) are in
such condition as is necessary to carry out the
audit.
‘‘(b) ADDITIONAL REVIEWS AND AUDITS.—
‘‘(1) IN GENERAL.—In addition to any audit
under subsection (a)(1), to the extent the Secretary
determines such action to be appropriate, the Sec-
retary may conduct an audit of a recipient in order
to—
‘‘(A) determine whether the recipient—
‘‘(i) has carried out—
‘‘(I) eligible activities in a timely
manner; and
‘‘(II) eligible activities and cer-
tification in accordance with this Act
and other applicable law;
‘‘(ii) has a continuing capacity to
carry out eligible activities in a timely
manner; and
‘‘(iii) is in compliance with the Indian
housing plan of the recipient; and
‘‘(B) verify the accuracy of information
contained in any performance report submitted
by the recipient under section 404.
‘‘(2) ONSITE
VISITS.—To the extent prac-
ticable, the reviews and audits conducted under this
subsection shall include onsite visits by the appro-
priate official of the Department of Housing and
Urban Development.
‘‘(3) COST OF ADDITIONAL AUDITS.—Additional
audits and reviews conducted under this subsection
shall be paid for by the Secretary.
‘‘(c) REVIEW OF REPORTS.—
‘‘(1) IN GENERAL.—The Secretary shall provide
each recipient that is the subject of a report made
by the Secretary under this section notice that the
recipient may review and comment on the report
during a period of not less than 30 days after the
date on which notice is issued under this paragraph.
‘‘(2) PUBLIC AVAILABILITY.—After taking into
consideration any comments of the recipient under
paragraph (1), the Secretary—
‘‘(A) may revise the report; and
‘‘(B) not later than 30 days after the date
on which those comments are received, shall
make the comments and the report (with any
revisions made under subparagraph (A)) readily
available to the public.
‘‘(d) EFFECT
OF
REVIEWS.—Subject to section
401(a), after reviewing the reports and audits relating to
a recipient that are submitted to the Secretary under this
section, the Secretary may adjust the amount of a grant
made to a recipient under this Act in accordance with the
findings of the Secretary with respect to those reports and
audits.’’.
SEC. 8. ALLOCATION FORMULA.
Section 302(d) of the Native American Housing As-
sistance and Self-Determination Act of 1996 (25 U.S.C.
4152(d)) is amended by adding at the end the following:
‘‘(3) 
ADJUSTMENT
TO
ALLOCATION
FOR-
MULA.—If any housing authority received no mod-
ernization funding and partial or no operating as-
sistance during fiscal year 1996, the allocation for-
mula under paragraphs (1) and (2) shall be adjusted
to provide funding to allow such housing authorities
to operate properly.’’.
SEC. 9. HEARING REQUIREMENT.
Section 401(a) of the Native American Housing As-
sistance and Self-Determination Act of 1996 (25 U.S.C.
4161(a)) is amended—
(1) by redesignating paragraphs (1) through
(4) as subparagraphs (A) through (D), respectively,
and indenting each such subparagraph 2 ems to the
right;
(2) by striking ‘‘Except as provided’’ and in-
serting the following:
‘‘(1) IN GENERAL.—Except as provided’’;
(3) by amending subparagraph (B), as redesig-
nated by paragraph (1) of this subsection, to read
as follows:
‘‘(B) PROCEDURAL REQUIREMENT.—If the
Secretary takes an action described in subpara-
graph (A), the Secretary shall—
‘‘(i) provide notice to the recipient at
the time that the Secretary takes that ac-
tion; and
‘‘(ii) conduct a hearing not later than
60 days after the date on which the Sec-
retary provides notice under clause (i).
‘‘(C) DETERMINATION.—Upon completion
of a hearing under this paragraph, the Sec-
retary shall make a determination regarding
whether to continue taking the action that is
the subject of the hearing, or take another ac-
tion under this subsection.’’.
SEC. 10. PERFORMANCE AGREEMENTS.
Section 401(b) of the Native American Housing As-
sistance and Self-Determination Act of 1996 (25 U.S.C.
4162(b)) is amended to read as follows:
‘‘(b) PERFORMANCE AGREEMENTS
IN CASES
OF
NONCOMPLIANCE DUE TO TECHNICAL INCAPACITY.—
‘‘(1) IN GENERAL.—If the Secretary find, pur-
suant to subsection (a), that a recipient has failed
to comply substantially with this Act, the Secretary
may provide technical assistance for that recipient
(directly or indirectly) that is designed to increase
the capability and capacity of the recipient to admin-
ister assistance in compliance with this Act.
‘‘(2) CONDITIONS FOR ASSISTANCE.—The Sec-
retary may provide assistance under paragraph (1)
only if—
‘‘(A) the failure to comply is not a practice
or pattern of activities constituting willful non-
compliance;
‘‘(B) the failure to comply is a result of
the limited capability or capacity of the recipi-
ent; and
‘‘(C) the recipient enters into a perform-
ance agreement with the Secretary that speci-
fies the compliance objectives the recipient will
be required to achieve not later than 1 year
after the commencement of the performance
agreement.
‘‘(3) TIME PERIOD FOR ASSISTANCE.—If a re-
cipient enters into a performance agreement under
paragraph (2) and is unable, despite good faith ef-
forts, to achieve the compliance objective of that per-
formance agreement within 1 year after the com-
mencement of the performance agreement, the Sec-
retary may enter into a new performance agreement
with that recipient. The Secretary shall not enter
into more than 3 consecutive performance agree-
ments with a recipient.
‘‘(4) CONTINUED
FAILURE
TO
COMPLY.—If,
after 3 consecutive performance agreements, a recip-
ient has failed to meet applicable compliance objec-
tives, the Secretary shall determine the recipient to
have failed to comply substantially with this Act and
the recipient shall be subject to an action under sub-
section (a).’’.
SEC. 11. PUBLIC AVAILABILITY OF INDIAN HOUSING PLANS.
Title IV of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161 et
seq.) is amended by adding at the end the following:
‘‘SEC. 408. PUBLIC AVAILABILITY OF INFORMATION.
‘‘Each recipient shall make available to the general
public any housing plan, policy, waiting list, or annual re-
port prepared by the recipient.’’.
SEC. 12. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TABLE OF CONTENTS.—Section 1(b) of the Na-
tive American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 note) is amended in the table
of contents—
(1) by striking the item relating to section 206;
(2) by striking the item relating to section 209
and inserting the following:
‘‘209. Noncompliance with affordable housing requirement.’’;
and
(3) by inserting after the item relating to sec-
tion 407 the following:
‘‘408. Public availability of information.’’.
(b) DEFINITION OF INDIAN AREAS.—Section 4(10)
of the Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4103(10)) is amended
by inserting ‘‘an Indian tribe or’’ after ‘‘within which’’.
(c) CROSS-REFERENCE.—Section 4(12)(C)(i)(II) of
the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4103(12)(C)(i)(II)) is
amended by striking ‘‘section 107’’ and inserting ‘‘section
108’’.
(d) ELIMINATION OF TAX EXEMPTION.—Section 101
of the Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4111) is amended—
(1) by striking subsections (c), (d) and (e); and
(2) by inserting the following after subsection
(b):
‘‘(c) TAX EXEMPTION PERMITTED.—Housing owned
and operated by the recipient and developed under a con-
tract between the Secretary and an Indian Housing Au-
thority pursuant to the United States Housing Act of
1937 may be tax-exempt and subject to a payment in lieu
of taxes pursuant to or as recited by a cooperation agree-
ment between the recipient and the local governing body.
Unless abrogated, changed, or modified with the consent
of the housing authority or any successor, existing co-
operation agreements shall remain in full force and effect
for so long as the beneficial title to such a project is held
by the housing authority or any successor.
‘‘(d) FEE IN LIEU OF TAX REQUIRED.—If one or
more local governing bodies are providing services to hous-
ing assisted under this Act and, because of Federal, tribal,
or State law, or the restricted nature or trust status of
the land, the property is exempt from real property taxes,
personal property taxes, or special assessment a recipient
may not request and the Secretary shall not provide a
block grant under this Act unless a user fee is paid to
the local governing body or bodies, as compensation for
nonfee services normally provided by that entity to offset
its costs or unless receipt of such user fees is waived by
a local governing body. The amount of the user fee shall
be determined by the recipient and the local governing
body, but it must be based on the reasonable value of the
services provided by the local governing body or bodies.
‘‘(e) REQUIREMENTS RELATED TO FEE.—Notwith-
standing subsection (d)—
‘‘(1) total user fee payments to all local govern-
ing bodies for a single housing unit shall be reason-
able and comparable as determined by the Secretary
using local factors;
‘‘(2) any projects placed under a new or exist-
ing cooperation agreement that requires a payment
in lieu of taxes shall be exempt from the require-
ments of subsection (c);
‘‘(3) user fee payments shall be required for all
units;
‘‘(4) housing whose total assistance under this
Act is less than $10,000 shall be exempt from the
requirements of subsection (c); and
‘‘(5) all housing shall be exempt from the re-
quirements of subsection (c) if such housing is
owned by the occupant at the inception of the assist-
ance or if conveyance of the beneficial title is subse-
quently made to the occupant.’’.
(e) SUBMISSION OF INDIAN HOUSING PLAN.—Sec-
tion 102(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4112(a))
is amended—
(1) in paragraph (1), by inserting ‘‘(A)’’ after
‘‘(1)’’;