III 
110TH CONGRESS 
1ST SESSION H. R. 2786 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 10, 2007 
Received; read twice and referred to the Committee on Indian Affairs 
AN ACT 
To reauthorize the programs for housing assistance for 
Native Americans. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Native American Housing Assistance and Self-Deter-
mination Reauthorization Act of 2007’’. 
(b) REFERENCES.—Except as otherwise expressly 
provided in this Act, wherever in this Act an amendment 
or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision 
of the Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4101 et seq.). 
SEC. 2. BLOCK GRANTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
108 (25 U.S.C. 4117) is amended by striking ‘‘fiscal years 
1998 through 2007’’ and inserting ‘‘fiscal years 2008 
through 2012’’. 
(b) BLOCK GRANTS REQUIREMENTS.—Section 101 
(25 U.S.C. 4111) is amended by adding at the end the 
following new subsections: 
‘‘(j) FEDERAL SUPPLY SOURCES.—For purposes of 
section 501 of title 40, United States Code (relating to 
services for executive agencies), an Indian tribe or tribally 
designated housing entity shall be considered to be an ex-
ecutive agency when carrying out housing programs, serv-
ices, functions and activities under the tribe or tribally 
designated housing entity, and its employees shall be eligi-
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ble to have access to such sources of supply on the same 
basis as employees of an executive agency. 
‘‘(k) TRIBAL PREFERENCE IN EMPLOYMENT AND 
CONTRACTING.—Notwithstanding any other provision of 
law, with respect to any grant made under this Act on 
behalf of an Indian tribe that is intended to benefit one 
tribe, the tribal employment or contract preference laws 
adopted by such tribe shall govern with respect to the ad-
ministration of the grant or portion of the grant. 
‘‘(l) LIMITATION ON USE FOR CHEROKEE NATION.— 
‘‘(1) IN GERNAL.—No funds authorized under 
this Act, or the amendments made by this Act, or 
appropriated pursuant to an authorization under 
this Act or such amendments, shall be expended for 
the benefit of the Cherokee Nation of Oklahoma 
until the Cherokee Nation of Oklahoma is in full 
compliance with the Treaty of 1866 and fully recog-
nizes all Cherokee Freedmen and their descendants 
as citizens of the Cherokee Nation. 
‘‘(2) CONGRESSIONAL
FINDINGS.—The Con-
gress hereby finds that— 
‘‘(A) the Cherokee Freedmen have ap-
pealed the March 3, 2007, vote of the Cherokee 
Nation to rescind their tribal membership and 
it is currently in litigation in tribal courts; and 
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‘‘(B) on May 14, 2007, Cherokee Nation 
District Court Judge John Cripps issued a tem-
porary injunction requiring reinstatement of 
citizenship for the Cherokee Freedmen, pending 
appeal of the constitutionality of the March 3, 
2007, tribal election rescinding membership. 
‘‘(3) EFFECTIVE
DATE.—Paragraph (1) shall 
not have any effect— 
‘‘(A) during the period that the temporary 
injunction issued on May 14, 2007, and re-
ferred to in paragraph (2)(B) remains in effect; 
and 
‘‘(B) if the Cherokee Freedmen prevail 
upon final judgment in the pending appeal re-
ferred to in paragraph (2)(B) regarding re-
scinding membership or a settlement agreement 
regarding such appeal is entered into, at any 
time after entrance of such judgment or such 
settlement agreement.’’. 
(c) INDIAN HOUSING PLANS.—Subparagraph (A) of 
section 102(c)(3) (25 U.S.C. 4112(c)(3)(A)) is amended 
by inserting before the semicolon the following: ‘‘and a de-
scription of any amounts made available pursuant to a 
grant under section 101 for the Indian tribe for any pre-
ceding fiscal year which have not been, or are not expected 
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to be, obligated or expended before the beginning of the 
fiscal year for which the plan is submitted, including any 
amounts in any reserve account established pursuant to 
section 202(9)’’. 
(d) PROGRAM INCOME.—Subsection (a) of section 
104 (25 U.S.C. 4114(a)) is amended by adding at the end 
the following: 
‘‘(4) EXCLUSION FROM PROGRAM INCOME OF 
REGULAR
DEVELOPER’S
FEES
FOR
LOW-INCOME 
HOUSING TAX CREDIT PROJECTS.—Notwithstanding 
any other provision of the Act, any income derived 
from a regular and customary developer’s fee for 
any project assisted with a low-income housing tax 
credit under section 42 of the Internal Revenue 
Code of 1986 that is initially funded with grant 
funds provided under this Act, which fee is approved 
by the State housing credit agency, shall not be con-
sidered to be program income.’’. 
(e) ESSENTIAL
FAMILIES.—Section 201(b) (25 
U.S.C. 4131(b)) is amended— 
(1) in paragraph (3)— 
(A) in the paragraph heading, by striking 
‘‘NON-INDIAN
FAMILIES’’ and inserting ‘‘ES-
SENTIAL FAMILIES’’; 
(B) by striking ‘‘non-Indian’’; and 
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