110TH CONGRESS 
1ST SESSION H. R. 2786 
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,
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-
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
‘‘(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
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
(C) by striking ‘‘on the Indian reservation 
or other Indian area’’; and 
(2) by redesignating the last paragraph (relat-
ing to exemption) as paragraph (7). 
(f) ELIGIBILITY OF LOCAL LAW ENFORCEMENT OF-
FICERS
FOR
RESIDENCY.—Clause 
(i) 
of 
section 
201(b)(4)(A) (25 U.S.C. 4131(b)(4)(A)(i)) is amended by 
striking ‘‘or’’ the last place it appears and inserting ‘‘, 
or other unit of local government, or a’’. 
(g) OPERATION AND MAINTENANCE COSTS.—Para-
graph (4) of section 202 (25 U.S.C. 4132(4)) is amended 
by inserting after ‘‘rental assistance,’’ the following: ‘‘op-
eration and maintenance of units developed with amounts 
provided under this Act,’’. 
(h) RESERVE FUNDS.—Section 202 (25 U.S.C. 
4132) is amended by adding at the end the following new 
paragraph: 
‘‘(9) RESERVE
ACCOUNTS.—The deposit of 
amounts, including grant amounts under section 
101, in a reserve account established for an Indian 
tribe only for the purpose of accumulating amounts 
for funding affordable housing activities under this 
section in accordance with the Indian housing plan 
for the tribe, except that not more than 20 percent 
of any grant amounts under section 101 on behalf
of any Indian tribe for any fiscal year may be used 
under this paragraph. Amounts in such a reserve ac-
count may be invested only subject to the same limi-
tations applicable to grant amounts under section 
204(b). Any income resulting from amounts in any 
such reserve account shall be considered to be pro-
gram income for purposes of this Act.’’. 
(i) PROGRAM REQUIREMENTS.—Section 203 (25 
U.S.C. 4133) is amended by adding at the end the fol-
lowing new subsections: 
‘‘(f) USE OF GRANT AMOUNTS OVER EXTENDED PE-
RIODS.—To the extent that the Indian housing plan for 
a tribe provides for the use of amounts from a grant under 
section 101 over more than one fiscal year or for afford-
able housing activities for which such funds will be com-
mitted for use or expended in a subsequent fiscal year, 
the Secretary may not require amounts from such a grant 
to be used, or committed for use, any sooner than so pro-
vided under such Indian housing plan. 
‘‘(g) DE MINIMIS EXEMPTION FOR PROCUREMENT 
OF GOODS AND SERVICES.—Notwithstanding any other 
provision of law, any rules and procedures regarding com-
petitive procurement otherwise applicable to a recipient 
shall not apply to the recipient in the case of procurement
of goods and services under $5,000 with grant amounts 
under this Act.’’. 
(j) AVAILABILITY OF RECORDS.—Subsection (a) of 
section 208 (25 U.S.C. 4138(a)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘criminal conviction 
records of’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, or (2) adult applicants for employment 
with the tribe in positions relating to the tribe’s ac-
tivities under this Act or its other housing-related 
activities or with the tribally designated housing en-
tity, for purposes of applicant screening’’. 
SEC. 3. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIB-
AL COMMUNITIES PROGRAM. 
(a) ESTABLISHMENT
OF PROGRAM.—Title II (25 
U.S.C. 4131 et seq.) is amended— 
(1) by inserting after the title heading the fol-
lowing: 
‘‘Subtitle A—General Block Grant 
Program’’; 
and 
(2) by adding at the end the following new sub-
title:
‘‘Subtitle B—Self-Determined Hous-
ing Activities for Tribal Commu-
nities 
‘‘SEC. 231. PURPOSES. 
‘‘The purposes of this subtitle are to establish a self- 
determined housing activities for the tribal communities 
program to provide Indian tribes with the flexibility to use 
a portion of the grant amounts under section 101 for the 
tribe in manners that are wholly self-determined by the 
tribe for housing activities involving construction, acquisi-
tion, or rehabilitation of housing that will benefit the com-
munity served by the tribe. 
‘‘SEC. 232. AUTHORITY. 
‘‘(a) IN GENERAL.—Under the program under this 
subtitle, for each of fiscal years 2008 through 2012, the 
recipient for each qualifying Indian tribe may use the 
amounts specified in subsection (c) in accordance with this 
subtitle. 
‘‘(b) QUALIFYING INDIAN TRIBES.—For purposes of 
this section, the term ‘qualifying Indian tribe’ means, with 
respect to a fiscal year, an Indian tribe or tribally des-
ignated housing entity that— 
‘‘(1) a grant is made in behalf of under section 
101;
‘‘(2) has complied with the requirements under 
subsections (b)(4) and (c)(7) of section 102; and 
‘‘(3) has no unresolved significant and material 
audit findings or exceptions in the most recent an-
nual audit completed under chapter 75 of title 31, 
United States Code (commonly known as the Single 
Audit Act), or in an independent financial audit pre-
pared in accordance with generally accepted auditing 
principles. 
‘‘(c) AMOUNT.—With respect to a fiscal year and a 
recipient, the amounts specified in this subsection are 
amounts from any grant under section 101 for the recipi-
ent for the fiscal year, as determined by the recipient, but 
in no case exceeding the lesser of (1) 15 percent of the 
total grant amount for the recipient for such fiscal year, 
or (2) $1,000,000. 
‘‘SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES. 
‘‘(a) ELIGIBLE HOUSING ACTIVITIES.—Any amounts 
made available for use under this subtitle by a recipient 
for an Indian tribe shall be used only for housing activi-
ties, as selected at the discretion of the recipient and set 
forth in the Indian housing plan for the tribe pursuant 
to section 102(c)(7), for the construction, acquisition or 
rehabilitation of housing that provide a benefit to families 
described in section 201(b)(1).
‘‘(b) PROHIBITION
ON
CERTAIN
ACTIVITIES.— 
Amounts made available for use under this subtitle may 
not be used for any costs of providing infrastructure, com-
mercial and economic development, and operating costs of 
housing. 
‘‘SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS. 
‘‘(a) IN GENERAL.—Except as specifically provided 
in this Act, the provisions of title I, subtitle A of title II, 
and titles III through VIII shall not apply to the program 
under this subtitle or to amounts made available in ac-
cordance with this subtitle. 
‘‘(b) APPLICABLE PROVISIONS.—The following provi-
sions of titles I through VIII shall apply to the program 
under this subtitle and amounts made available in accord-
ance with this subtitle: 
‘‘(1) Section 101(c) (relating to local coopera-
tion agreements). 
‘‘(2) Subsections (d) and (e) of section 101 (re-
lating to tax exemption). 
‘‘(3) Section 102(c)(5) (relating to certification 
of compliance). 
‘‘(4) Section 104 (relating to treatment of pro-
gram income and labor standards). 
‘‘(5) Section 105 (relating to environmental re-
view).
‘‘(6) Section 201(b) (relating to eligible fami-
lies). 
‘‘(7) Section 201(b)(7) (relating to preference 
for tribal members and other Indian families). 
‘‘(8) Section 203(c) (relating to insurance cov-
erage). 
‘‘(9) Section 209 (relating to noncompliance 
with affordable housing requirement). 
‘‘(10) Section 401 (relating to remedies for 
noncompliance). 
‘‘(11) Section 408 (relating to public avail-
ability of information). 
‘‘(12) Section 702 (relating to 50-year leasehold 
interests in trust or restricted lands for housing pur-
poses). 
‘‘SEC. 235. REVIEW AND REPORT. 
‘‘(a) REVIEW.—During calendar year 2011, the Sec-
retary shall conduct a review of the results achieved by 
the program under this subtitle to determine— 
‘‘(1) the housing constructed, acquired, or reha-
bilitated under the program; 
‘‘(2) the effects of such housing constructed, ac-
quired, or rehabilitated on costs to low-income fami-
lies of affordable housing;
‘‘(3) the effectiveness of each recipient in 
achieving the results intended to be achieved, as set 
forth in the Indian housing plan for the Indian tribe; 
and 
‘‘(4) the need for, and effectiveness of, extend-
ing the duration of the program and increasing the 
amount of grants under section 101 that may be 
used under the program. 
‘‘(b) REPORT.—Not later than December 31, 2011, 
the Secretary shall submit a report to the Congress setting 
forth the information obtained pursuant to the review 
under subsection (a), which shall include conclusions and 
recommendations of the Secretary with respect to the pro-
gram under this subtitle, including— 
‘‘(1) recommendations regarding extension of 
the program for subsequent fiscal years and increas-
ing the amount pursuant to section 232(c) that may 
be used under the program; and 
‘‘(2) recommendations for— 
‘‘(A) specific Indian tribes (or recipients) 
that should be prohibited from participating in 
the program for failure to achieve results, and 
the period for which such prohibition should re-
main in effect; or
‘‘(B) standards and procedures by which 
tribes (or recipients) may be prohibited from 
participating in the program for failure to 
achieve results. 
‘‘(c) PROVISION OF INFORMATION TO SECRETARY.— 
Notwithstanding any other provision of the Act, recipients 
participating in the program under this subtitle shall pro-
vide such information to the Secretary as the Secretary 
may request, in sufficient detail and in a timely manner 
sufficient to ensure that the review and report required 
by this section is accomplished in a timely manner.’’. 
(b) AUTHORITY TO USE BLOCK GRANT AMOUNTS.— 
Subsection (a) of section 101 (25 U.S.C. 4111(a)) is 
amended by inserting before the period at the end of the 
first sentence the following: ‘‘under subtitle A of title II 
and to carry out self-determined housing activities for trib-
al communities programs under subtitle B of such title’’. 
(c) EXEMPTION FROM AFFORDABLE HOUSING AC-
TIVITIES REQUIREMENT.—Subsection (g) of section 101 
(25 U.S.C. 4111) is amended by inserting ‘‘of this section 
and subtitle B of title II’’ after ‘‘subsection (h)’’. 
(d) INDIAN HOUSING PLANS.—Section 102 (25 
U.S.C. 4112) is amended as follows: 
(1) 5-YEAR PLAN.—In subsection (b), by adding 
at the end the following new paragraph:
‘‘(4) SELF-DETERMINED
HOUSING
ACTIVITIES 
PROGRAM.—A statement of the manner in which the 
program for the Indian tribe under subtitle B of 
title II will be carried out and implemented, and an 
overview of the benefits to the low-income commu-
nity intended to be achieved from activities to be un-
dertaken during the period pursuant to the program 
for the Indian tribe under subtitle B of title II.’’. 
(2) 1-YEAR PLAN.—In subsection (c), by adding 
at the end the following new paragraph: 
‘‘(7) SELF-DETERMINED
HOUSING
ACTIVITIES 
PROGRAM.—A statement of housing activities to be 
undertaken during the period pursuant to the pro-
gram for the Indian tribe under subtitle B of title 
II and a description of the benefit such activities will 
provide for the low-income community.’’. 
(e) REVIEW OF HOUSING PLANS.—Section 103 (25 
U.S.C. 4113) is amended by striking subsection (e) and 
inserting the following new subsection: 
‘‘(e) SELF-DETERMINED ACTIVITIES PROGRAM.— 
Notwithstanding any other provision of this section, the 
Secretary— 
‘‘(1) shall review the information included in an 
Indian housing plan pursuant to subsections (b)(4) 
and (c)(7) only to determine whether such informa-
tion is included for purposes of compliance with the 
requirement under section 232(b)(2); and 
‘‘(2) may not approve or disapprove an Indian 
housing plan based on the content of the particular 
benefits, activities, and results included pursuant to 
such subsections.’’. 
(f) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) (25 U.S.C. 4101 note) is amended— 
(1) by inserting after the item for title II the 
following new item: 
‘‘Subtitle A—General Block Grant Program’’; 
and 
(2) by inserting before the item for title III the 
following new items: 
‘‘Subtitle B—Self-Determined Housing Activities for Tribal Communities 
‘‘Sec. 231. Purposes. 
‘‘Sec. 232. Authority. 
‘‘Sec. 233. Use of amounts for housing activities. 
‘‘Sec. 234. Inapplicability of other provisions. 
‘‘Sec. 235. Review and report.’’. 
SEC. 4. EFFECT OF NAHASDA ON HOME INVESTMENT PART-
NERSHIPS ACT. 
(a) IN GENERAL.—Title V (25 U.S.C. 4181 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS 
ACT. 
‘‘The amendments made by this title, and the provi-
sions of this title and this Act, may not be construed to
prohibit or prevent any insular area or participating juris-
diction (as such terms are used for purposes of the HOME 
Investment Partnerships Act (42 U.S.C. 12721 et seq.)) 
from providing amounts made available under such Act 
for such area or jurisdiction to Indian tribes, or tribally 
designated housing entities, for use in accordance with the 
HOME Investment Partnerships Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) (25 U.S.C. 4101 note) is amended by in-
serting after the item for section 508 the following new 
item: 
‘‘Sec. 509. Effect on HOME Investment Partnerships Act.’’. 
SEC. 5. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR 
TRIBES OF DIFFERENT SIZES. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study of the effectiveness 
of the Native American Housing Assistance and Self-De-
termination Act of 1996 in achieving its purposes of meet-
ing the needs for affordable housing for low-income Indian 
families, as compared to the programs for housing and 
community development assistance for Indian tribes and 
families and Indian housing authorities that were termi-
nated under title V of such Act and the amendments made 
by such title. The study shall compare such effectiveness 
with respect to Indian tribes of various sizes and types, 
and specifically with respect to smaller tribes for which
grants of lesser or minimum amounts have been made 
under title I of such Act. 
(b) REPORT.—Not later than the expiration of the 
12-month period beginning on the date of the enactment 
of this Act, the Comptroller General shall submit a report 
to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate regarding the results and 
conclusions of the study conducted pursuant to subsection 
(a). Such report shall include recommendations regarding 
any changes appropriate to the Native American Housing 
Assistance and Self-Determination Act of 1996 to help en-
sure that the purposes of such Act are achieved by all In-
dian tribes, regardless of size or type. 
SEC. 6. FEDERAL GUARANTEES FOR FINANCING FOR TRIB-
AL HOUSING ACTIVITIES. 
(a) EDUCATIONAL
SEMINARS.—Section 604 (25 
U.S.C. 4195) is amended by adding at the end the fol-
lowing: ‘‘Such activities shall include conducting edu-
cational seminars with tribes and tribally designated hous-
ing entities on how to utilize the loan guarantee program 
under this title.’’. 
(b) AGGREGATE FISCAL YEAR LIMITATION.—Sub-
section (a) of section 605 (25 U.S.C. 4195(a)) is amended
by striking ‘‘fiscal years 1997 through 2007’’ and insert-
ing ‘‘fiscal years 2008 through 2012’’. 
(c) AUTHORIZATION OF APPROPRIATIONS FOR CRED-
IT SUBSIDY.—Subsection (b) of section 605 is amended 
by striking ‘‘fiscal years 1997 through 2007’’ and insert-
ing ‘‘fiscal years 2008 through 2012’’. 
SEC. 7. TRAINING AND TECHNICAL ASSISTANCE. 
Section 703 (25 U.S.C. 4212) is amended by striking 
‘‘fiscal years 1997 through 2007’’ and inserting ‘‘fiscal 
years 2008 through 2012’’. 
SEC. 8. HOUSING ASSISTANCE FOR NATIVE HAWAIIANS. 
Section 824 (25 U.S.C. 4243), as added by section 
513 of Public Law 106–569 (114 Stat. 2969), is amended 
by striking ‘‘fiscal years’’ and all that follows and inserting 
the following: ‘‘fiscal years 2008, 2009, 2010, 2011 and 
2012.’’. 
SEC. 9. DEMONSTRATION PROGRAM FOR GUARANTEED 
LOANS TO FINANCE TRIBAL COMMUNITY AND 
ECONOMIC DEVELOPMENT ACTIVITIES. 
(a) AUTHORITY.—To the extent or in such amounts 
as are provided in appropriation Acts, the Secretary of 
Housing and Urban Development (in this section referred 
to as the ‘‘Secretary’’) may, subject to the limitations of 
this section and upon such terms and conditions as the 
Secretary may prescribe, guarantee and make commit-