I 
113TH CONGRESS 
2D SESSION 
H. R. 4329 
To reauthorize the Native American Housing Assistance and Self- 
Determination Act of 1996, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2014 
Mr. PEARCE (for himself and Mr. COLE) 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. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Native American Housing Assistance and Self-Deter-
mination Reauthorization Act of 2014’’. 
(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 
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Sec. 101. Block grants. 
Sec. 102. Indian housing plans. 
Sec. 103. Environmental review. 
Sec. 104. Failure to act on request for approval regarding exceeding TDC max-
imum cost for project. 
TITLE II—AFFORDABLE HOUSING ACTIVITIES 
Sec. 201. National objectives and eligible families. 
Sec. 202. Eligible affordable housing activities. 
Sec. 203. Program requirements. 
Sec. 204. Low-income requirement and income targeting. 
Sec. 205. Lease requirements and tenant selection. 
Sec. 206. Tribal coordination of agency funding. 
TITLE III—ALLOCATION OF GRANT AMOUNTS 
Sec. 301. Authorization of appropriations. 
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. 50-year leasehold interest in trust or restricted lands for housing pur-
poses. 
Sec. 503. Training and technical assistance. 
Sec. 504. Loan guarantees for Indian housing. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Lands Title Report Commission. 
Sec. 602. Limitation on use of funds for Cherokee Nation. 
Sec. 603. Leasehold interest in trust or restricted lands for housing purposes. 
Sec. 604. Clerical amendment. 
TITLE VII—DEMONSTRATION PROGRAM FOR ALTERNATIVE 
PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 
Sec. 701. Demonstration program. 
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 provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Native American Housing 
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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: ‘‘If the Secretary fails to 
act on a waiver request submitted under this sub-
section by a recipient within 60 days after receipt of 
such request, the waiver request shall be deemed ap-
proved.’’; 
(2) in subsection (j), by striking ‘‘section 501 of 
title 40,’’ and inserting ‘‘title 40 of the’’; and 
(3) in subsection (k), by striking ‘‘1’’ and in-
serting ‘‘an’’. 
SEC. 102. INDIAN HOUSING PLANS. 
Section 102(a) (25 U.S.C. 4112(a)) is amended by 
inserting after and below paragraph (2) the following: 
‘‘ ‘The Secretary may grant a waiver of the submission re-
quirements under paragraph (1) upon meeting certain fac-
tors that shall be set out by regulation, and provided fur-
ther that a request for such waiver shall be deemed ap-
proved if the Secretary does not act on such request within 
60 days of receipt.’ ’’. 
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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: 
‘‘If the Secretary fails to act on a waiver request sub-
mitted under this subsection by a recipient within 60 days 
after receipt of such request, the waiver shall be deemed 
approved.’’; 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 and the 
recipient’s tribe has assumed all of the responsibilities for 
environmental review, decisionmaking, and action pursu-
ant to this section, the recipient’s compliance with the Na-
tional Environmental Policy Act of 1969 review require-
ments under this section with regard to such project shall 
be deemed to fully comply with and discharge any applica-
ble environmental review requirements that might apply 
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to the use of such additional Federal funding sources for 
that project.’’. 
SEC. 104. FAILURE TO ACT ON REQUEST FOR APPROVAL 
REGARDING EXCEEDING TDC MAXIMUM 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) APPROVAL OF REQUEST TO EXCEED TDC MAX-
IMUM.—A request for approval by the Secretary of Hous-
ing and Urban Development to exceed by more than 10 
percent the total development cost maximum cost for a 
project shall be deemed to be approved if the Secretary 
fails to take action on the request 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 
housing project, the sum of all costs for the project, 
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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. 
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’’. 
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. 
Section 202(9)(A) (25 U.S.C. 4132(9)(A)) is amend-
ed— 
(1) by striking ‘‘only’’; 
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(2) by striking ‘‘administration and planning 
related to’’; and 
(3) by inserting ‘‘including administration and 
planning,’’ after ‘‘section,’’. 
SEC. 203. PROGRAM REQUIREMENTS. 
Section 203 (25 U.S.C. 4133) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) and 
(3)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) APPLICATION
OF
TRIBAL
POLICIES.— 
Paragraph (2) shall not apply if the recipient has a 
written policy governing rents and homebuyer pay-
ments charged for dwelling units and such policy in-
cludes a provision governing maximum rents or 
homebuyer payments.’’; 
(2) in subsection (c), by striking ‘‘or assisted 
with’’ and inserting ‘‘by a recipient’’; and 
(3) in subsection (e), by striking ‘‘assisted 
with’’ and inserting ‘‘units that are owned or oper-
ated by a recipient using’’. 
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SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TAR-
GETING. 
Section 205 (25 U.S.C. 4135) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (D), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing 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 
(B) in paragraph (2)— 
(i) by striking ‘‘satisfactory to the 
Secretary’’ and inserting ‘‘in such forms as 
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the Secretary shall, by regulation, re-
quire’’; and 
(ii) by striking ‘‘Secretary)’’ and in-
serting ‘‘recipient)’’; 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 
of the maximum total development cost for such 
home.’’. 
SEC. 205. 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. 206. TRIBAL COORDINATION OF AGENCY FUNDING. 
Subtitle A of title II (25 U.S.C. 4131 et seq.) is 
amended by adding at the end the following new section: 
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‘‘SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING. 
‘‘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.’’. 
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 2014 through 
2018’’. 
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) FAILURE TO ISSUE FINAL REPORT.—The 
Secretary shall issue a final report within 60 days 
after receiving comments under paragraph (1) from 
a recipient.’’. 
SEC. 402. REPORTS TO CONGRESS. 
Section 407 (25 U.S.C. 4167) is amended— 
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(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-
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) NATIVE AMERICAN VETERANS.— 
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‘‘(i) AUTHORITY.—Of the funds made 
available for rental assistance under this 
subsection for fiscal year 2015 and each 
fiscal year thereafter, the Secretary shall 
set aside 0.1 percent for a supported hous-
ing and rental assistance program modeled 
on the HUD–Veterans Affairs Supportive 
Housing (HUD–VASH) program, to be 
administered in conjunction with the De-
partment of Veterans Affairs, for the ben-
efit of homeless Native American veterans 
and veterans at risk of homelessness. 
‘‘(ii) RECIPIENTS.—Such rental as-
sistance shall be made available to recipi-
ents eligible to receive block grants under 
the Native 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, adminis-
trative 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 Affairs, by a date sufficient to 
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provide for implementation of the program 
under this subparagraph in accordance 
with clause (i). 
‘‘(iv) 
PROGRAM
REQUIREMENTS.— 
Such funds shall be administered by block 
grant recipients in accordance with pro-
gram requirements under Native American 
Housing Assistance and Self-Determina-
tion Act of 1996 in lieu of program re-
quirements under this Act. 
‘‘(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 
upon a finding by the Secretary that such 
waiver or alternative requirement is nec-
essary to promote administrative efficiency, 
eliminate delay, consolidate or eliminate 
duplicative or ineffective requirements or 
criteria, or otherwise provide for the effec-
tive delivery and administration of such 
supportive housing assistance to Native 
American veterans. 
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‘‘(vi) CONSULTATION.—The Secretary 
and the Secretary of Veterans Affairs shall 
jointly consult with block grant recipients 
and any other appropriate tribal organiza-
tions to— 
‘‘(I) ensure that block grant re-
cipients administering funds made 
available under the program under 
this subparagraph are able to effec-
tively coordinate with providers of 
supportive services provided in con-
nection with such program; and 
‘‘(II) ensure the effective delivery 
of supportive services to Native Amer-
ican veterans that are homeless or at 
risk of homelessness eligible to receive 
assistance under this subparagraph. 
Consultation pursuant to this clause shall 
be completed by a date sufficient to pro-
vide for implementation of the program 
under this subparagraph in accordance 
with clause (i). 
‘‘(vii) RULEMAKING.—The first nego-
tiated rulemaking committee established 
pursuant to subchapter III of chapter 5 of 
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title 5, United States Code, for rulemaking 
relating to the Native American Housing 
Assistance and Self-Determination Act of 
1996, or any amendments to such Act, but 
that is not established to consider matters 
relating to the allocation formula under 
section 302 of such Act (25 U.S.C. 4152), 
shall review the requirements and criteria 
for the supported housing and rental as-
sistance program under this subparagraph 
and may report to the Secretary a pro-
posed rule revising such requirements and 
criteria.’’. 
SEC. 502. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RE-
STRICTED LANDS FOR HOUSING PURPOSES. 
Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended 
by inserting ‘‘, whether enacted before, on, or after the 
date of the enactment of this section’’ after ‘‘law,’’. 
SEC. 503. TRAINING AND TECHNICAL ASSISTANCE. 
Section 703 (25 U.S.C. 4212) is amended— 
(1) by striking ‘‘There are authorized to be ap-
propriated’’ and inserting ‘‘Of any amounts appro-
priated pursuant to section 108, the Secretary may 
use such sums as may be necessary for’’; and 
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(2) by striking ‘‘such sums as may be necessary 
for each of fiscal years 2009 through 2013’’. 
SEC. 504. LOAN GUARANTEES FOR INDIAN HOUSING. 
Section 184(I)(5) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z–13a(I)(5)) is 
amended— 
(1) in subparagraph (B), by inserting after the 
period at the end of the first sentence the following: 
‘‘There are authorized to be appropriated for such 
costs $12,200,000 for each of fiscal years 2014 
through 2018.’’; and 
(2) in subparagraph (5)— 
(A) by striking ‘‘2008 through 2012’’ and 
inserting ‘‘2014 through 2018’’; and 
(B) by striking ‘‘such amount as may be 
provided in appropriation Acts for’’ and insert-
ing ‘‘$976,000,000 for each’’. 
TITLE VI—MISCELLANEOUS 
SEC. 601. LANDS TITLE REPORT COMMISSION. 
Section 501 of the American Homeownership and 
Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) 
is amended— 
(1) in subsection (a), by striking ‘‘Subject to 
sums being provided in advance in appropriations 
Acts, there’’ and inserting ‘‘There’’; and 
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(2) in subsection (b)(1) by striking ‘‘this Act’’ 
and inserting ‘‘the Native American Housing Assist-
ance and Self-Determination Reauthorization Act of 
2014’’. 
SEC. 602. LIMITATION ON USE OF FUNDS FOR CHEROKEE 
NATION. 
Section 801 of the Native American Housing Assist-
ance and Self-Determination Reauthorization Act of 2008 
(Public Law 110–411) is amended by striking ‘‘Tem-
porary Order and Temporary Injunction issued on May 
14, 2007, by the District Court of the Cherokee Nation’’ 
and inserting ‘‘Order issued September 21, 2011, by the 
Federal District Court for the District of Columbia’’. 
SEC. 603. LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
LANDS FOR HOUSING PURPOSES. 
Section 702 (25 U.S.C. 4211) is amended by striking 
‘‘50 years’’ each place such term appears and inserting 
‘‘99 years’’. 
SEC. 604. CLERICAL 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 striking 
the item relating to section 206 (treatment of funds). 
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TITLE 
VII—DEMONSTRATION 
PROGRAM FOR ALTERNATIVE 
PRIVATIZATION 
AUTHORITY 
FOR 
NATIVE 
AMERICAN 
HOUSING 
SEC. 701. DEMONSTRATION PROGRAM. 
The Native American Housing and Self-Determina-
tion Act of 1996 (25 U.S.C. 4101 et seq.) is amended by 
adding at the end the following new title: 
‘‘TITLE 
IX—DEMONSTRATION 
PROGRAM FOR ALTERNATIVE 
PRIVATIZATION 
AUTHORITY 
FOR 
NATIVE 
AMERICAN 
HOUSING 
‘‘SEC. 901. AUTHORITY. 
‘‘(a) IN GENERAL.—In addition to any other author-
ity provided in this Act for the construction, development, 
maintenance, and operation of housing for Indian families, 
the Secretary shall provide the participating tribes having 
final plans approved pursuant to section 905 with the au-
thority to exercise the activities provided under this title 
and such plan for the acquisition and development of 
housing to meet the needs of tribal members. 
‘‘(b) 
INAPPLICABILITY
OF
NAHASDA 
PROVI-
SIONS.—Except as specifically provided otherwise in this 
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title, titles I through IV, VI, and VII shall not apply to 
a participating tribe during any period that the tribe is 
participating in the demonstration program under this 
title. 
‘‘(c) 
CONTINUED
APPLICABILITY
OF
CERTAIN 
NAHASDA PROVISIONS.—The following provisions of ti-
tles I through VIII shall apply to the demonstration pro-
gram under this title and amounts made available under 
the demonstration program under this title: 
‘‘(1) Subsections (d) and (e) of section 101 (re-
lating to tax exemption). 
‘‘(2) Section 101(j) (relating to Federal supply 
sources). 
‘‘(3) Section 101(k) (relating to tribal pref-
erence in employment and contracting). 
‘‘(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), except as otherwise provided in this title. 
‘‘(7) Section 203(g) (relating to a de minimis 
exemption for procurement of goods and services). 
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