IB 
Union Calendar No. 449 
115TH CONGRESS 
2D SESSION 
H. R. 3864 
[Report No. 115–591] 
To reauthorize the Native American Housing Assistance and Self- 
Determination Act of 1996, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2017 
Mr. PEARCE (for himself, Ms. MOORE, Mr. YOUNG of Alaska, Mr. NOLAN, Ms. 
GABBARD, Ms. HANABUSA, Mr. HECK, Mr. COLE, and Ms. MCCOLLUM) 
introduced the following bill; which was referred to the Committee on Fi-
nancial Services 
MARCH 8, 2018 
Additional sponsors: Ms. SINEMA, Mrs. RADEWAGEN, Mr. KIND, and Mr. 
KILDEE 
MARCH 8, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on September 28, 2017] 
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A BILL 
To reauthorize the Native American Housing Assistance and 
Self-Determination Act of 1996, and for other purposes. 
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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 ‘‘Na-
tive American Housing Assistance and Self-Determination 
Reauthorization Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
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. Program requirements. 
Sec. 203. Homeownership or lease-to-own low-income requirement and income 
targeting. 
Sec. 204. Lease requirements and tenant selection. 
Sec. 205. Tribal coordination of agency funding. 
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 Affairs supportive housing program for Native Amer-
ican veterans. 
Sec. 502. Loan guarantees for Indian housing. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Lands Title Report Commission. 
Sec. 602. Leasehold interest in trust or restricted lands for housing purposes. 
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Sec. 603. Clerical amendment. 
TITLE VII—DEMONSTRATION PROGRAM FOR ALTERNATIVE 
PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 
Sec. 701. Demonstration program. 
Sec. 702. Clerical amendments. 
SEC. 2. 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 considered to be made to a section or 
other provision of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4101 et 
seq.). 
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 insert-
ing ‘‘an’’. 
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SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS TO 
ANNUAL INDIAN HOUSING PLAN REQUIRE-
MENT. 
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 Secretary of Hous-
ing and Urban Development shall submit to the Congress 
recommendations for standards and procedures for waiver 
of, or alternative requirements (which may include multi- 
year housing plans) for, the requirement under section 
102(a) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4112(a)) for an-
nual submission of one-year housing plans for an Indian 
tribe. Such recommendations shall include a description of 
any legislative and regulatory changes necessary to imple-
ment 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: 
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‘‘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 RE-
QUIREMENTS.—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 section, the tribe’s compliance 
with the review requirements under this section and the Na-
tional Environmental Policy Act of 1969 with regard to 
such project shall be deemed to fully comply with and dis-
charge any applicable environmental review requirements 
that might apply to Federal agencies with respect to the 
use of such additional Federal funding sources for that 
project.’’. 
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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 subsection: 
‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EXCEED 
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 maximum cost for a 
project shall be approved or denied during the 60-day pe-
riod that begins on the date that the Secretary 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: 
‘‘(22) TOTAL
DEVELOPMENT
COST.—The term 
‘total development cost’ means, with respect to a hous-
ing project, the sum of all costs for the project, includ-
ing all undertakings necessary for administration, 
planning, site acquisition, demolition, construction or 
equipment and financing (including payment of car-
rying charges), and for otherwise carrying out the de-
velopment of the project, excluding off-site water and 
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sewer. The total development cost amounts shall be 
based on a moderately designed house and determined 
by averaging the current construction costs as listed 
in not less than two nationally recognized residential 
construction cost indices.’’. 
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 Development 
Act of 1968’’. 
SEC. 202. PROGRAM REQUIREMENTS. 
Section 203(a) (25 U.S.C. 4133(a)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) APPLICATION OF TRIBAL POLICIES.—Para-
graph (2) shall not apply if the recipient has a writ-
ten policy governing rents and homebuyer payments 
charged for dwelling units and such policy includes a 
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provision governing maximum rents or homebuyer 
payments.’’. 
SEC. 203. 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 current 
rental family, if the rental family was a low-in-
come family at the time of their initial occu-
pancy 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 re-
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maining 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 of the 
maximum total development cost for such home.’’. 
SEC. 204. 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 hous-
ing that is assisted in part with amounts provided under 
this Act and in part with one or more other sources of Fed-
eral funds shall only utilize leases that require a notice pe-
riod for the termination of the lease pursuant to subsection 
(a)(3).’’. 
SEC. 205. 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 following 
new section: 
‘‘SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING. 
‘‘Notwithstanding any other provision of law, a recipi-
ent authorized to receive funding under this Act may, in 
its discretion, use funding from the Indian Health Service 
of the Department of Health and Human Services for con-
struction of sanitation facilities for housing construction 
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and renovation projects that are funded in part by funds 
provided under this Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) is amended by inserting after the item relating 
to section 210 the following new item: 
‘‘Sec. 211. Tribal coordination of agency funding.’’. 
TITLE III—ALLOCATION OF 
GRANT AMOUNTS 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
The first sentence of section 108 (25 U.S.C. 4117) is 
amended by striking ‘‘such sums as may be necessary for 
each of fiscal years 2009 through 2013’’ and inserting 
‘‘$650,000,000 for each of fiscal years 2018 through 2022’’. 
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 section, 
if as of January 1, 2018, or any year thereafter a recipi-
ent’s total amount of undisbursed block grants in the De-
partment’s line of credit control system is greater than three 
times the formula allocation such recipient would otherwise 
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receive under this Act for the fiscal year during which such 
January 1 occurs, the Secretary shall— 
‘‘(1) before January 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 notifi-
cation pursuant to paragraph (1)— 
‘‘(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 dis-
tributed under this Act to the recipient. 
‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sections 
301 and 302, the allocation for such fiscal year for a recipi-
ent described in subsection (a) shall be the amount initially 
calculated according to the formula minus the difference be-
tween the recipient’s total amount of undisbursed block 
grants in the Department’s line of credit control system on 
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such January 1 and three times the initial formula amount 
for such fiscal year. 
‘‘(c) REALLOCATION.—Notwithstanding any other pro-
vision of law, any grant amounts not allocated to a recipi-
ent 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 adjustment. 
‘‘(d) INAPPLICABILITY.—Subsections (a) and (b) shall 
not apply to an Indian tribe with respect to any fiscal 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 relating 
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 
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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 Rep-
resentatives, to the Committee on Indian Affairs and 
the Committee on Banking, Housing, and Urban Af-
fairs of the Senate, and to any subcommittees of such 
committees having jurisdiction with respect to Native 
American and Alaska Native affairs,’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) PUBLIC AVAILABILITY TO RECIPIENTS.—Each re-
port 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 VETERANS. 
Paragraph (19) of section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended 
by adding at the end the following new subparagraph: 
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‘‘(D) NATIVE AMERICAN VETERANS.— 
‘‘(i) AUTHORITY.—Of the funds made 
available for rental assistance under this 
paragraph for fiscal year 2018 and each fis-
cal year thereafter, the Secretary shall set 
aside 5 percent for a supported housing and 
rental assistance program modeled on the 
HUD–Veterans Affairs Supportive Housing 
(HUD–VASH) program, to be administered 
in conjunction with the Department of Vet-
erans Affairs, for the benefit of homeless Na-
tive American veterans and veterans at risk 
of homelessness. 
‘‘(ii) RECIPIENTS.—Such rental assist-
ance shall be made available to recipients 
eligible to receive block grants under the Na-
tive American Housing Assistance and Self- 
Determination Act of 1996 (25 U.S.C. 4101 
et seq.). 
‘‘(iii) 
FUNDING
CRITERIA.—Funds 
shall be awarded based on need, administra-
tive capacity, and any other funding cri-
teria established by the Secretary in a no-
tice published in the Federal Register, after 
consultation with the Secretary of Veterans 
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Affairs, by a date sufficient to provide for 
implementation of the program under this 
subparagraph in accordance with clause (i). 
‘‘(iv) PROGRAM REQUIREMENTS.— 
‘‘(I) 
ADMINISTRATION.—Such 
funds shall be administered by block 
grant recipients in accordance with 
program requirements under the Na-
tive American Housing Assistance and 
Self-Determination Act of 1996 in lieu 
of program requirements under this 
Act. 
‘‘(II) 
AVAILABLE
HOUSING.— 
Rental 
assistance 
made 
available 
under this subparagraph may be used 
for dwelling units owned, operated, or 
assisted with by a recipient of a block 
grant under this Act or a tribally des-
ignated housing entity. 
‘‘(v) WAIVER.—The Secretary may 
waive, or specify alternative requirements 
for any provision of any statute or regula-
tion that the Secretary administers in con-
nection with the use of funds made avail-
able under this subparagraph, but only 
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