Secretary and the public governing the 
management and maintenance of housing 
assisted with grant amounts provided under 
this Act; and 
‘‘(vi) a certification that the recipient 
will comply with section 104(b).’’; 
(3) by redesignating subsections (d) through (f) 
as subsections (c) through (e), respectively; and 
(4) in subsection (d) (as redesignated by para-
graph (3)), by striking ‘‘subsection (d)’’ and inserting 
‘‘subsection (c)’’. 
SEC. 103. REVIEW OF PLANS. 
Section 103 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 4113) 
is amended— 
(1) in subsection (d)— 
(A) in the first sentence— 
(i) by striking ‘‘fiscal’’ each place it 
appears and inserting ‘‘tribal program’’; 
and 
(ii) by striking ‘‘(with respect to’’ and 
all that follows through ‘‘section 102(c))’’; 
and 
(B) by striking the second sentence; and
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) SELF-DETERMINED ACTIVITIES PROGRAM.—Not-
withstanding any other provision of this section, the Sec-
retary— 
‘‘(1) shall review the information included in an 
Indian housing plan pursuant to subsections (b)(4) 
and (c)(7) only to determine whether the information 
is included for purposes of compliance with the re-
quirement 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, or results included pursuant to 
subsections (b)(4) and (c)(7).’’. 
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR 
STANDARDS. 
Section 104(a) of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (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 this Act, any income derived 
from a regular and customary developer’s fee for any 
project that receives a low-income housing tax credit
under section 42 of the Internal Revenue Code of 
1986, and that is initially funded using a grant pro-
vided under this Act, shall not be considered to be 
program income if the developer’s fee is approved by 
the State housing credit agency.’’. 
SEC. 105. REGULATIONS. 
Section 106(b)(2) of the Native American Housing As-
sistance and Self-Determination Act of 1996 (25 U.S.C. 
4116(b)(2)) is amended— 
(1) in subparagraph (B)(i), by striking ‘‘The 
Secretary’’ and inserting ‘‘Not later than 180 days 
after the date of enactment of the Native American 
Housing Assistance and Self-Determination Reau-
thorization Act of 2008 and any other Act to reau-
thorize this Act, the Secretary’’; and 
(2) by adding at the end the following: 
‘‘(C) 
SUBSEQUENT
NEGOTIATED
RULE-
MAKING.—The Secretary shall— 
‘‘(i) initiate a negotiated rulemaking 
in accordance with this section by not later 
than 90 days after the date of enactment of 
the Native American Housing Assistance 
and 
Self-Determination 
Reauthorization 
Act of 2008 and any other Act to reauthor-
ize this Act; and
‘‘(ii) promulgate regulations pursuant 
to this section by not later than 2 years 
after the date of enactment of the Native 
American Housing Assistance and Self-De-
termination Reauthorization Act of 2008 
and any other Act to reauthorize this Act. 
‘‘(D) REVIEW.—Not less frequently than 
once every 7 years, the Secretary, in consultation 
with Indian tribes, shall review the regulations 
promulgated pursuant to this section in effect on 
the date on which the review is conducted.’’. 
TITLE II—AFFORDABLE 
HOUSING ACTIVITIES 
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 
Section 201(b) of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 
4131(b)) is amended— 
(1) in paragraph (1), by inserting ‘‘and except 
with respect to loan guarantees under the demonstra-
tion program under title VI,’’ after ‘‘paragraphs (2) 
and (4),’’; 
(2) in paragraph (2)— 
(A) by striking the first sentence and insert-
ing the following:
‘‘(A) EXCEPTION TO REQUIREMENT.—Not-
withstanding paragraph (1), a recipient may 
provide housing or housing assistance through 
affordable housing activities for which a grant is 
provided under this Act to any family that is 
not a low-income family, to the extent that the 
Secretary approves the activities due to a need 
for housing for those families that cannot reason-
ably be met without that assistance.’’; and 
(B) in the second sentence, by striking ‘‘The 
Secretary’’ and inserting the following: 
‘‘(B) LIMITS.—The Secretary’’; 
(3) in paragraph (3)— 
(A) in the paragraph heading, by striking 
‘‘NON-INDIAN’’ and inserting ‘‘ESSENTIAL’’; and 
(B) by striking ‘‘non-Indian family’’ and 
inserting ‘‘family’’; and 
(4) in paragraph (4)(A)(i), by inserting ‘‘or 
other unit of local government,’’ after ‘‘county,’’. 
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. 
Section 202 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 4132) 
is amended—
(1) in the matter preceding paragraph (1), by 
striking ‘‘to develop or to support’’ and inserting ‘‘to 
develop, operate, maintain, or support’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘development of utilities’’ 
and inserting ‘‘development and rehabilitation of 
utilities, necessary infrastructure,’’; and 
(B) by inserting ‘‘mold remediation,’’ after 
‘‘energy efficiency,’’; 
(3) in paragraph (4), by inserting ‘‘the costs of 
operation and maintenance of units developed with 
funds provided under this Act,’’ after ‘‘rental assist-
ance,’’; and 
(4) by adding at the end the following: 
‘‘(9) RESERVE ACCOUNTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), 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 admin-
istration and planning relating to affordable 
housing activities under this section, in accord-
ance with the Indian housing plan of the Indian 
tribe.
‘‘(B) MAXIMUM
AMOUNT.—A reserve ac-
count established under subparagraph (A) shall 
consist of not more than an amount equal to 1⁄4 
of the 5-year average of the annual amount used 
by a recipient for administration and planning 
under paragraph (2).’’. 
SEC. 203. PROGRAM REQUIREMENTS. 
Section 203 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 4133) 
is amended by adding at the end the following: 
‘‘(f) USE OF GRANT AMOUNTS OVER EXTENDED PERI-
ODS.— 
‘‘(1) IN GENERAL.—To the extent that the Indian 
housing plan for an Indian tribe provides for the use 
of amounts of a grant under section 101 for a period 
of more than 1 fiscal year, or for affordable housing 
activities for which the amounts will be committed for 
use or expended during a subsequent fiscal year, the 
Secretary shall not require those amounts to be used 
or committed for use at any time earlier than other-
wise provided for in the Indian housing plan. 
‘‘(2) CARRYOVER.—Any amount of a grant pro-
vided to an Indian tribe under section 101 for a fiscal 
year that is not used by the Indian tribe during that
fiscal year may be used by the Indian tribe during 
any subsequent fiscal year. 
‘‘(g) DE MINIMIS EXEMPTION FOR PROCUREMENT OF 
GOODS AND SERVICES.—Notwithstanding any other provi-
sion of law, a recipient shall not be required to act in ac-
cordance with any otherwise applicable competitive pro-
curement rule or procedure with respect to the procurement, 
using a grant provided under this Act, of goods and services 
the value of which is less than $5,000.’’. 
SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TAR-
GETING. 
Section 205 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 4135) 
is amended by adding at the end the following: 
‘‘(c) APPLICABILITY.—The provisions of paragraph (2) 
of subsection (a) regarding binding commitments for the re-
maining useful life of property shall not apply to a family 
or household member who subsequently takes ownership of 
a homeownership unit.’’. 
SEC. 205. AVAILABILITY OF RECORDS. 
Section 208(a) of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 
4138(a)) is amended by inserting ‘‘applicants for employ-
ment, and of’’ after ‘‘records of’’.
SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR 
TRIBAL COMMUNITIES PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Title II of the 
Native American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4131 et seq.) is amended— 
(1) by inserting after the title designation and 
heading the following: 
‘‘Subtitle A—General Block Grant 
Program’’; 
and 
(2) by adding at the end the following: 
‘‘Subtitle B—Self-Determined Hous-
ing Activities for Tribal Commu-
nities 
‘‘SEC. 231. PURPOSE. 
‘‘The purpose of this subtitle is to establish a program 
for self-determined housing activities for the tribal commu-
nities to provide Indian tribes with the flexibility to use 
a portion of the grant amounts under section 101 for the 
Indian tribe in manners that are wholly self-determined by 
the Indian tribe for housing activities involving construc-
tion, acquisition, rehabilitation, or infrastructure relating 
to housing activities or housing that will benefit the commu-
nity served by the Indian tribe.
‘‘SEC. 232. PROGRAM AUTHORITY. 
‘‘(a) DEFINITION OF QUALIFYING INDIAN TRIBE.—In 
this section, the term ‘qualifying Indian tribe’ means, with 
respect to a fiscal year, an Indian tribe or tribally des-
ignated housing entity— 
‘‘(1) to or on behalf of which a grant is made 
under section 101; 
‘‘(2) that has complied with the requirements of 
section 102(b)(6); and 
‘‘(3) that, during the preceding 3-fiscal-year pe-
riod, has no unresolved significant and material 
audit findings or exceptions, as demonstrated in— 
‘‘(A) the annual audits of that period com-
pleted under chapter 75 of title 31, United States 
Code (commonly known as the ‘Single Audit 
Act’); or 
‘‘(B) an independent financial audit pre-
pared in accordance with generally accepted au-
diting principles. 
‘‘(b) AUTHORITY.—Under the program under this sub-
title, for each of fiscal years 2009 through 2013, the recipi-
ent for each qualifying Indian tribe may use the amounts 
specified in subsection (c) in accordance with this subtitle. 
‘‘(c) AMOUNTS.—With respect to a fiscal year and a 
recipient, the amounts referred to in subsection (b) are 
amounts from any grant provided under section 101 to the
recipient for the fiscal year, as determined by the recipient, 
but in no case exceeding the lesser of— 
‘‘(1) an amount equal to 20 percent of the total 
grant amount for the recipient for that fiscal year; 
and 
‘‘(2) $2,000,000. 
‘‘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 activities, 
as selected at the discretion of the recipient and described 
in the Indian housing plan for the Indian tribe pursuant 
to section 102(b)(6), for the construction, acquisition, or re-
habilitation of housing or infrastructure in accordance with 
section 202 to provide a benefit to families described in sec-
tion 201(b)(1). 
‘‘(b) 
PROHIBITION
ON
CERTAIN
ACTIVITIES.— 
Amounts made available for use under this subtitle may 
not be used for commercial or economic development. 
‘‘SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS. 
‘‘(a) IN GENERAL.—Except as otherwise specifically 
provided in this Act, title I, subtitle A of title II, and titles 
III through VIII shall not apply to— 
‘‘(1) the program under this subtitle; or
‘‘(2) amounts made available in accordance 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 cooperation 
agreements). 
‘‘(2) Subsections (d) and (e) of section 101 (re-
lating to tax exemption). 
‘‘(3) Section 101(j) (relating to Federal supply 
sources). 
‘‘(4) Section 101(k) (relating to tribal preference 
in employment and contracting). 
‘‘(5) Section 102(b)(4) (relating to certification 
of compliance). 
‘‘(6) Section 104 (relating to treatment of pro-
gram income and labor standards). 
‘‘(7) Section 105 (relating to environmental re-
view). 
‘‘(8) Section 201(b) (relating to eligible families). 
‘‘(9) Section 203(c) (relating to insurance cov-
erage). 
‘‘(10) Section 203(g) (relating to a de minimis 
exemption for procurement of goods and services).
‘‘(11) Section 206 (relating to treatment of 
funds). 
‘‘(12) Section 209 (relating to noncompliance 
with affordable housing requirement). 
‘‘(13) Section 401 (relating to remedies for non-
compliance). 
‘‘(14) Section 408 (relating to public availability 
of information). 
‘‘(15) 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 the housing described in para-
graph (1) on costs to low-income families of affordable 
housing; 
‘‘(3) the effectiveness of each recipient in achiev-
ing the results intended to be achieved, as described 
in the Indian housing plan for the Indian tribe; and 
‘‘(4) the need for, and effectiveness of, extending 
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 to Congress a report describing the 
information obtained pursuant to the review under sub-
section (a) (including any conclusions and recommenda-
tions of the Secretary with respect to the program under 
this subtitle), including— 
‘‘(1) recommendations regarding extension of the 
program for subsequent fiscal years and increasing 
the amounts under section 232(c) that may be used 
under the program; and 
‘‘(2) recommendations for— 
‘‘(A)(i) specific Indian tribes or recipients 
that should be prohibited from participating in 
the program for failure to achieve results; and 
‘‘(ii) the period for which such a prohibi-
tion should remain in effect; or 
‘‘(B) standards and procedures by which 
Indian 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 this 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 suffi-
cient to ensure that the review and report required by this 
section is accomplished in a timely manner.’’. 
(b) TECHNICAL AMENDMENT.—The table of contents in 
section 1(b) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4101 note) is 
amended— 
(1) by inserting after the item for title II the fol-
lowing: 
‘‘Subtitle A—General Block Grant Program’’; 
(2) by inserting after the item for section 205 the 
following: 
‘‘Sec. 206. Treatment of funds.’’; 
and 
(3) by inserting before the item for title III the 
following: 
‘‘Subtitle B—Self-Determined Housing Activities for Tribal Communities 
‘‘Sec. 231. Purposes. 
‘‘Sec. 232. Program authority. 
‘‘Sec. 233. Use of amounts for housing activities. 
‘‘Sec. 234. Inapplicability of other provisions. 
‘‘Sec. 235. Review and report.’’.
TITLE III—ALLOCATION OF 
GRANT AMOUNTS 
SEC. 301. ALLOCATION FORMULA. 
Section 302 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 4152) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘The Secretary’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) STUDY OF NEED DATA.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
enter into a contract with an organization with 
expertise in housing and other demographic data 
collection methodologies under which the organi-
zation, in consultation with Indian tribes and 
Indian organizations, shall— 
‘‘(i) assess existing data sources, in-
cluding alternatives to the decennial census, 
for use in evaluating the factors for deter-
mination of need described in subsection 
(b); and 
‘‘(ii) develop and recommend meth-
odologies for collecting data on any of those
factors, including formula area, in any case 
in which existing data is determined to be 
insufficient or inadequate, or fails to satisfy 
the requirements of this Act. 
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated 
such sums as are necessary to carry out this sec-
tion, to remain available until expended.’’; and 
(2) in subsection (b), by striking paragraph (1) 
and inserting the following: 
‘‘(1)(A) The number of low-income housing 
dwelling units developed under the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.), pursu-
ant to a contract between an Indian housing author-
ity for the tribe and the Secretary, that are owned or 
operated by a recipient on the October 1 of the cal-
endar year immediately preceding the year for which 
funds are provided, subject to the condition that such 
a unit shall not be considered to be a low-income 
housing dwelling unit for purposes of this section if— 
‘‘(i) the recipient ceases to possess the legal 
right to own, operate, or maintain the unit; or 
‘‘(ii) the unit is lost to the recipient by con-
veyance, demolition, or other means.
‘‘(B) If the unit is a homeownership unit not 
conveyed within 25 years from the date of full avail-
ability, the recipient shall not be considered to have 
lost the legal right to own, operate, or maintain the 
unit if the unit has not been conveyed to the home-
buyer for reasons beyond the control of the recipient. 
‘‘(C) If the unit is demolished and the recipient 
rebuilds the unit within 1 year of demolition of the 
unit, the unit may continue to be considered a low- 
income housing dwelling unit for the purpose of this 
paragraph. 
‘‘(D) In this paragraph, the term ‘reasons be-
yond the control of the recipient’ means, after making 
reasonable efforts, there remain— 
‘‘(i) delays in obtaining or the absence of 
title status reports; 
‘‘(ii) incorrect or inadequate legal descrip-
tions or other legal documentation necessary for 
conveyance; 
‘‘(iii) clouds on title due to probate or intes-
tacy or other court proceedings; or 
‘‘(iv) any other legal impediment. 
‘‘(E) Subparagraphs (A) through (D) shall not 
apply to any claim arising from a formula current 
assisted stock calculation or count involving an In-
dian housing block grant allocation for any fiscal 
year through fiscal year 2008, if a civil action relat-
ing to the claim is filed by not later than 45 days 
after the date of enactment of this subparagraph.’’. 
TITLE IV—COMPLIANCE, AUDITS, 
AND REPORTS 
SEC. 401. REMEDIES FOR NONCOMPLIANCE. 
Section 401(a) of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 
4161(a)) is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) SUBSTANTIAL NONCOMPLIANCE.—The fail-
ure of a recipient to comply with the requirements of 
section 302(b)(1) regarding the reporting of low-in-
come dwelling units shall not, in itself, be considered 
to be substantial noncompliance for purposes of this 
title.’’. 
SEC. 402. MONITORING OF COMPLIANCE. 
Section 403(b) of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 
4163(b)) is amended in the second sentence by inserting ‘‘an 
appropriate level of’’ after ‘‘shall include’’.
SEC. 403. PERFORMANCE REPORTS. 
Section 404(b) of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 
4164(b)) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘goals’’ and inserting 
‘‘planned activities’’; and 
(B) by adding ‘‘and’’ after the semicolon at 
the end; 
(2) in paragraph (3), by striking ‘‘; and’’ at the 
end and inserting a period; and 
(3) by striking paragraph (4). 
TITLE V—TERMINATION OF AS-
SISTANCE 
FOR 
INDIAN 
TRIBES 
UNDER 
INCOR-
PORATED PROGRAMS 
SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS 
ACT. 
(a) IN GENERAL.—Title V of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4181 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS 
ACT. 
‘‘Nothing in this Act or an amendment made by this 
Act prohibits or prevents any participating jurisdiction
(within the meaning of the HOME Investment Partnerships 
Act (42 U.S.C. 12721 et seq.)) from providing any amounts 
made available to the participating jurisdiction under that 
Act (42 U.S.C. 12721 et seq.) to an Indian tribe or a trib-
ally designated housing entity for use in accordance with 
that Act (42 U.S.C. 12721 et seq.).’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
in section 1(b) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4101 note) 
is amended by inserting after the item relating to section 
508 the following: 
‘‘Sec. 509. Effect on HOME Investment Partnerships Act.’’. 
TITLE VI—GUARANTEED LOANS 
TO FINANCE TRIBAL COMMU-
NITY AND ECONOMIC DEVEL-
OPMENT ACTIVITIES 
SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED 
LOANS TO FINANCE TRIBAL COMMUNITY AND 
ECONOMIC DEVELOPMENT ACTIVITIES. 
(a) IN GENERAL.—Title VI of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4191 et seq.) is amended by adding at the end the 
following:
‘‘SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED 
LOANS TO FINANCE TRIBAL COMMUNITY AND 
ECONOMIC DEVELOPMENT ACTIVITIES. 
‘‘(a) AUTHORITY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), to 
the extent and in such amounts as are provided in 
appropriation Acts, subject to the requirements of this 
section, and in accordance with such terms and con-
ditions as the Secretary may prescribe, the Secretary 
may guarantee and make commitments to guarantee 
the notes and obligations issued by Indian tribes or 
tribally designated housing entities with tribal ap-
proval, for the purposes of financing activities carried 
out on Indian reservations and in other Indian areas 
that, under the first sentence of section 108(a) of the 
Housing and Community Development Act of 1974 
(42 U.S.C. 5308), are eligible for financing with notes 
and other obligations guaranteed pursuant to that 
section. 
‘‘(2) LIMITATION.—The Secretary may guar-
antee, or make commitments to guarantee, under 
paragraph (1) the notes or obligations of not more 
than 4 Indian tribes or tribally designated housing 
entities located in each Department of Housing and 
Urban Development Office of Native American Pro-
grams region.
‘‘(b) LOW-INCOME BENEFIT REQUIREMENT.—Not less 
than 70 percent of the aggregate amount received by an In-
dian tribe or tribally designated housing entity as a result 
of a guarantee under this section shall be used for the sup-
port of activities that benefit low-income families on Indian 
reservations and other Indian areas. 
‘‘(c) FINANCIAL SOUNDNESS.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
underwriting criteria for guarantees under this sec-
tion, including fees for the guarantees, as the Sec-
retary determines to be necessary to ensure that the 
program under this section is financially sound. 
‘‘(2) AMOUNTS OF FEES.—Fees for guarantees es-
tablished under paragraph (1) shall be established in 
amounts that are sufficient, but do not exceed the 
minimum amounts necessary, to maintain a negative 
credit subsidy for the program under this section, as 
determined based on the risk to the Federal Govern-
ment under the underwriting requirements established 
under paragraph (1). 
‘‘(d) TERMS OF OBLIGATIONS.— 
‘‘(1) IN GENERAL.—Each note or other obliga-
tion guaranteed pursuant to this section shall be in 
such form and denomination, have such maturity,
and be subject to such conditions as the Secretary 
may prescribe, by regulation. 
‘‘(2) LIMITATION.—The Secretary may not deny 
a guarantee under this section on the basis of the pro-
posed repayment period for the note or other obliga-
tion, unless— 
‘‘(A) the period is more than 20 years; or 
‘‘(B) the Secretary determines that the pe-
riod would cause the guarantee to constitute an 
unacceptable financial risk. 
‘‘(e) LIMITATION
ON
PERCENTAGE.—A guarantee 
made under this section shall guarantee repayment of 95 
percent of the unpaid principal and interest due on the note 
or other obligation guaranteed. 
‘‘(f) SECURITY AND REPAYMENT.— 
‘‘(1) REQUIREMENTS ON ISSUER.—To ensure the 
repayment of notes and other obligations and charges 
incurred under this section and as a condition for re-
ceiving the guarantees, the Secretary shall require the 
Indian tribe or housing entity issuing the notes or ob-
ligations— 
‘‘(A) to enter into a contract, in a form ac-
ceptable to the Secretary, for repayment of notes 
or other obligations guaranteed under this sec-
tion;
‘‘(B) to demonstrate that the extent of each 
issuance and guarantee under this section is 
within the financial capacity of the Indian tribe; 
and 
‘‘(C) to furnish, at the discretion of the Sec-
retary, such security as the Secretary determines 
to be appropriate in making the guarantees, in-
cluding increments in local tax receipts gen-
erated by the activities assisted by a guarantee 
under this section or disposition proceeds from 
the sale of land or rehabilitated property, except 
that the security may not include any grant 
amounts received or for which the issuer may be 
eligible under title I. 
‘‘(2) FULL FAITH AND CREDIT.— 
‘‘(A) IN GENERAL.—The full faith and cred-
it of the United States is pledged to the payment 
of all guarantees made under this section. 
‘‘(B) TREATMENT OF GUARANTEES.— 
‘‘(i) IN
GENERAL.—Any guarantee 
made by the Secretary under this section 
shall be conclusive evidence of the eligibility 
of the obligations for the guarantee with re-
spect to principal and interest.
‘‘(ii) INCONTESTABLE
NATURE.—The 
validity of any such a guarantee shall be 
incontestable in the hands of a holder of the 
guaranteed obligations. 
‘‘(g) TRAINING AND INFORMATION.—The Secretary, in 
cooperation with Indian tribes and tribally designated 
housing entities, may carry out training and information 
activities with respect to the guarantee program under this 
section. 
‘‘(h) LIMITATIONS ON AMOUNT OF GUARANTEES.— 
‘‘(1) AGGREGATE
FISCAL
YEAR
LIMITATION.— 
Notwithstanding any other provision of law, subject 
only to the absence of qualified applicants or proposed 
activities and to the authority provided in this sec-
tion, and to the extent approved or provided for in 
appropriations Acts, the Secretary may enter into 
commitments to guarantee notes and obligations 
under this section with an aggregate principal 
amount not to exceed $200,000,000 for each of fiscal 
years 2009 through 2013. 
‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR 
CREDIT SUBSIDY.—There are authorized to be appro-
priated to cover the costs (as defined in section 502 
of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of guarantees under this section $1,000,000 for 
each of fiscal years 2009 through 2013. 
‘‘(3) AGGREGATE
OUTSTANDING
LIMITATION.— 
The total amount of outstanding obligations guaran-
teed on a cumulative basis by the Secretary pursuant 
to this section shall not at any time exceed 
$1,000,000,000 or such higher amount as may be au-
thorized to be appropriated for this section for any 
fiscal year. 
‘‘(4) FISCAL
YEAR
LIMITATIONS
ON
INDIAN 
TRIBES.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
monitor the use of guarantees under this section 
by Indian tribes. 
‘‘(B) MODIFICATIONS.—If the Secretary de-
termines that 50 percent of the aggregate guar-
antee authority under paragraph (3) has been 
committed, the Secretary may— 
‘‘(i) impose limitations on the amount 
of guarantees pursuant to this section that 
any single Indian tribe may receive in any 
fiscal year of $25,000,000; or 
‘‘(ii) request the enactment of legisla-
tion increasing the aggregate outstanding 
limitation on guarantees under this section.
‘‘(i) REPORT.—Not later than 4 years after the date 
of enactment of this section, the Secretary shall submit to 
Congress a report describing the use of the authority under 
this section by Indian tribes and tribally designated hous-
ing entities, including— 
‘‘(1) an identification of the extent of the use and 
the types of projects and activities financed using that 
authority; and 
‘‘(2) an analysis of the effectiveness of the use in 
carrying out the purposes of this section. 
‘‘(j) TERMINATION.—The authority of the Secretary 
under this section to make new guarantees for notes and 
obligations shall terminate on October 1, 2013.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
in section 1(b) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4101 note) 
is amended by inserting after the item relating to section 
605 the following: 
‘‘Sec. 606. Demonstration program for guaranteed loans to finance tribal commu-
nity and economic development activities.’’. 
TITLE VII—FUNDING 
SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 
(a) BLOCK GRANTS AND GRANT REQUIREMENTS.— 
Section 108 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4117) is amend-
ed in the first sentence by striking ‘‘1998 through 2007’’ 
and inserting ‘‘2009 through 2013’’. 
(b) FEDERAL GUARANTEES FOR FINANCING FOR TRIB-
AL HOUSING ACTIVITIES.—Section 605 of the Native Amer-
ican Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4195) is amended in subsections (a) and 
(b) by striking ‘‘1997 through 2007’’ each place it appears 
and inserting ‘‘2009 through 2013’’. 
(c) TRAINING AND TECHNICAL ASSISTANCE.—Section 
703 of the Native American Housing Assistance and Self- 
Determination Act of 1996 (25 U.S.C. 4212) is amended 
by striking ‘‘1997 through 2007’’ and inserting ‘‘2009 
through 2013’’. 
TITLE VIII—MISCELLANEOUS 
SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION. 
No funds authorized under this Act, or the amend-
ments 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; provided, 
that this limitation shall not be effective if the Temporary 
Order and Temporary Injunction issued on May 14, 2007, 
by the District Court of the Cherokee Nation remains in 
effect during the pendency of litigation or there is a settle-
ment agreement which effects the end of litigation among 
the adverse parties.