Indian tribes and small tribally designated
housing entities; and
(B) waive any requirements under this sec-
tion that the Secretary determines are burden-
some or unnecessary for such tribes and hous-
ing entities.
(2) SMALL TRIBES.—The Secretary may define
small Indian tribes and small tribally designated
housing entities based on the number of dwelling
units assisted under this title by the tribe or housing
entity or owned or operated pursuant to a contract
under the United States Housing Act of 1937 be-
tween the Secretary and the Indian housing author-
ity for the tribe.
(g) REGULATIONS.—The requirements relating to the
contents of plans under this section shall be established
by regulation, pursuant to section 106.
SEC. 103. REVIEW OF PLANS.
(a) REVIEW AND NOTICE.—
(1) REVIEW.—The Secretary shall conduct a
limited review of each Indian housing plan submitted
to the Secretary to ensure that the plan complies
with the requirements of section 102. The Secretary
shall have the discretion to review a plan only to the
extent that the Secretary considers review is nec-
essary.
(2) NOTICE.—The Secretary shall notify each
Indian tribe for which a plan is submitted and any
tribally designated housing entity for the tribe
whether the plan complies with such requirements
not later than 60 days after receiving the plan. If
the Secretary does not notify the Indian tribe, as re-
quired under this subsection and subsection (b), the
plan shall be considered, for purposes of this Act, to
have been determined to comply with the require-
ments under section 102 and the tribe shall be con-
sidered to have been notified of compliance upon the
expiration of such 60-day period.
(b) NOTICE OF REASONS FOR DETERMINATION OF
NONCOMPLIANCE.—If the Secretary determines that a
plan, as submitted, does not comply with the requirements
under section 102, the Secretary shall specify in the notice
under subsection (a) the reasons for the noncompliance
and any modifications necessary for the plan to meet the
requirements under section 102.
(c) REVIEW.—After submission of the Indian housing
plan or any amendment or modification to the plan to the
Secretary, to the extent that the Secretary considers such
action to be necessary to make determinations under this
subsection, the Secretary shall review the plan (including
any amendments or modifications thereto) to determine
whether the contents of the plan—
(1) set forth the information required by section
102 to be contained in an Indian housing plan;
(2) are consistent with information and data
available to the Secretary; and
(3) are prohibited by or inconsistent with any
provision of this Act or other applicable law.
If the Secretary determines that any of the appropriate
certifications required under section 102(c)(5) are not in-
cluded in the plan, the plan shall be deemed to be incom-
plete.
(d) UPDATES TO PLAN.—After a plan under section
102 has been submitted for an Indian tribe for any fiscal
year, the tribe may comply with the provisions of such sec-
tion for any succeeding fiscal year (with respect to infor-
mation included for the 5-year period under section 102(b)
or the 1-year period under section 102(c)) by submitting
only such information regarding such changes as may be
necessary to update the plan previously submitted. Not
less than once every 5 years, the tribe shall submit a com-
plete plan.
(e) EFFECTIVE DATE.—This section and section 102
shall take effect on the date provided by the Secretary pur-
suant to section 106(a) to provide for timely submission
and review of Indian housing plans as necessary for the
provision of assistance under this Act in fiscal year 1998.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR
STANDARDS.
(a) PROGRAM INCOME.—
(1) AUTHORITY TO RETAIN.—A recipient may
retain any program income that is realized from any
grant amounts under this Act if—
(A) such income was realized after the ini-
tial disbursement of the grant amounts received
by the recipient; and
(B) the recipient has agreed that it will
utilize the program income for affordable hous-
ing activities in accordance with the provisions
of this Act.
(2) PROHIBITION OF REDUCTION OF GRANT.—
The Secretary may not reduce the grant amount for
any Indian tribe based solely on—
(A) whether the recipient for the tribe re-
tains program income under paragraph (1);
(B) the amount of any such program in-
come retained; or
(C) whether the recipient retains reserve
amounts described in section 210.
(3) EXCLUSION OF AMOUNTS.—The Secretary
may, by regulation, exclude from consideration as
program income any amounts determined to be so
small that compliance with the requirements of this
subsection would create an unreasonable administra-
tive burden on the recipient.
(b) LABOR STANDARDS.—
(1) IN GENERAL.—Any contract or agreement
for assistance, sale, or lease pursuant to this Act
shall contain a provision requiring that not less than
the wages prevailing in the locality, as determined or
adopted (subsequent to a determination under appli-
cable State, tribal, or local law) by the Secretary,
shall be paid to all architects, technical engineers,
draftsmen, and technicians employed in the develop-
ment, and all maintenance laborers and mechanics
employed in the operation, of the affordable housing
project involved; and shall also contain a provision
that not less than the wages prevailing in the local-
ity, as predetermined by the Secretary of Labor pur-
suant to the Davis-Bacon Act (40 U.S.C. 276a-
276a–5), shall be paid to all laborers and mechanics
employed in the development of the affordable hous-
ing involved, and the Secretary shall require certifi-
cation as to compliance with the provisions of this