I 
116TH CONGRESS 
1ST SESSION H. R. 5319 
To reauthorize the Native American Housing Assistance and Self- 
Determination Act of 1996, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2019 
Mr. HECK (for himself, Mr. TIPTON, Mr. LUJA´N, Mr. COLE, Ms. HAALAND, 
Mr. YOUNG, Ms. MOORE, and Ms. GABBARD) 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 2019’’. 
(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 Affair Supportive Housing program for Native Amer-
ican 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. 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, 
a section or other provision, the reference shall be consid-
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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, decisionmaking, 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 2020; 
‘‘(2) $713,000,000 for fiscal year 2021; 
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‘‘(3) $747,000,000 for fiscal year 2022; 
‘‘(4) $783,000,000 for fiscal year 2023; and 
‘‘(5) $820,000,000 for fiscal year 2024.’’. 
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, 2020, 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 
undisbursed block grants in the Department’s line of cred-
it control 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: 
‘‘(D) 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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‘‘(A) $386,000 for fiscal year 2020; 
‘‘(B) $405,000 for fiscal year 2021; 
‘‘(C) $424,000 for fiscal year 2022; 
‘‘(D) $444,000 for fiscal year 2023; and 
‘‘(E) $466,000 for fiscal year 2024.’’. 
Æ 
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