Native American Housing Assistance and Self-Determination Reauthorization Act of 2021
Bill: H.R.5195 | Sponsor: Rep. Waters, Maxine (D-CA)
Policy area: Native Americans

Summary:
Native American Housing Assistance and Self-Determination Reauthorization Act of 2021
This bill provides federal housing assistance to Indians and Native Hawaiians.
Specifically, the bill reauthorizes through FY2026 and otherwise revises housing assistance block grants for Indians and Native Hawaiians. Among other things, the Department of Housing and Urban Development (HUD) must award competitive grants to eligible recipients of block grants to carry out affordable housing activities, such as housing rehabilitation projects.
The bill authorizes HUD to guarantee housing loans for Indians and Native Hawaiians through FY2026.
Additionally, the bill provides statutory authority for the Tribal HUD-VASH program, which provides rental assistance and supportive services to Indians who (1) are veterans of the U.S. Armed Forces, (2) are homeless or at risk of homelessness, and (3) live in or near an area where a tribe or tribally designated housing entity provides assistance for affordable housing. The program must be carried out by HUD in conjunction with the Department of Veterans Affairs.
Under the program, grants must be made to entities eligible for housing assistance block grants. HUD may also make renewal grants to entities that have received prior program grants.
The bill also requires the Department of Agriculture to set aside and reserve certain rural housing funds for Indian tribes.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Native American 
Housing Assistance and Self-Determination Reauthorization Act of 
2021''.
    (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.
              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 Affairs Supportive Housing program for Native 
                            American 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. Compliance with treaty obligations.
Sec. 605. 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 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.).

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 Assistant 
        Secretaries'' and inserting ``8 Assistant Secretaries''; and
            (2) by adding at the end the following new subsection:
    ``(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 striking ``(8)'' and inserting ``(9)''.

              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 subsection by a recipient within 
        60 days after receipt of such request.''; and
            (2) in subsection (k), by striking ``1'' and inserting 
        ``an''.

SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS TO ANNUAL INDIAN HOUSING 
              PLAN REQUIREMENT.

    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 Housing 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 annual submission of one-year 
housing 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 subsection:
    ``(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, decision making, and action 
pursuant to this section, the tribe's compliance with the review 
requirements 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 environmental 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 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 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 period 
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 paragraph (23); and
            (2) by inserting after paragraph (21) the following 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, including all undertakings necessary for 
        administration, planning, site acquisition, demolition, 
        construction 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 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. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND 
              INCOME TARGETING.

    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-purchase unit, that the current 
                rental family can purchase through a contract of sale, 
                lease-purchase agreement, or any other sales agreement, 
                is made available for purchase only by the current 
                rental family, if the rental family was a low-income 
                family at the time of their initial occupancy 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 
        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 following new section:

``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.

    ``Notwithstanding any other provision of law, a recipient 
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 construction of sanitation facilities for 
housing construction 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. 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 Development Cost for Energy 
Efficient Housing.--The Secretary shall approve a request to exceed the 
total development 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 2022;
            ``(2) $713,000,000 for fiscal year 2023;
            ``(3) $747,000,000 for fiscal year 2024;
            ``(4) $783,000,000 for fiscal year 2025; and
            ``(5) $820,000,000 for fiscal year 2026.''.

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 on October 1, 2022, or on 
any October 1 thereafter, the total amount of undisbursed block grants 
for a recipient in the line of credit control system (or a successor 
system) of the Department of Housing and Urban Development is greater 
than the sum of the initial allocations 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 notification 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 distributed under 
                this Act to the recipient.
    ``(b) Allocation Amount.--Notwithstanding sections 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 difference between the recipient's total amount of 
undisbursed block grants in the Department's line of credit 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 recipient 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 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--
            (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 Affairs and the Committee on Banking, 
        Housing, and Urban Affairs 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 subsection:
    ``(c) Public Availability to Recipients.--Each report submitted 
pursuant to subsection (a) shall be made publicly available to 
recipients.''.

         TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

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:
                    ``(E) Indian veterans housing rental assistance 
                program.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Eligible indian veteran.--The 
                                term `eligible Indian veteran' means an 
                                Indian veteran who is--
                                            ``(aa) homeless or at risk 
                                        of homelessness; and
                                            ``(bb) living--

                                                    ``(AA) on or near a 
                                                reservation; 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-
                                Determination Act of 1996 (25 U.S.C. 
                                4103).
                                    ``(IV) Indian veteran.--The term 
                                `Indian veteran' means an Indian who is 
                                a veteran.
                                    ``(V) Program.--The term `Program' 
                                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 supported housing 
                        program, to be known as the Tribal HUD-VASH 
                        program, in conjunction with the Secretary of 
                        Veterans Affairs, by awarding grants for the 
                        benefit of eligible Indian veterans.
                            ``(iii) Model.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                Secretary shall model the Program on 
                                the rental assistance and supported 
                                housing program authorized under 
                                subparagraph (A) and applicable 
                                appropriations Acts, including 
                                administration in conjunction with the 
                                Secretary of Veterans Affairs.
                                    ``(II) Exceptions.--
                                            ``(aa) Secretary of housing 
                                        and urban development.--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 recipients 
                                        to serve eligible Indian 
                                        veterans.
                                            ``(bb) Secretary of 
                                        veterans affairs.--After 
                                        consultation with Indian 
                                        tribes, eligible recipients, 
                                        and any other appropriate 
                                        tribal organizations, the 
                                        Secretary of Veterans Affairs 
                                        may make necessary and 
                                        appropriate modifications to 
                                        facilitate the use of the 
                                        Program by eligible recipients 
                                        to serve eligible Indian 
                                        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 Secretary 
                        shall award grants under the Program based on--
                                    ``(I) need;
                                    ``(II) administrative capacity; and
                                    ``(III) any other funding criteria 
                                established by the Secretary in a 
                                notice published in the Federal 
                                Register after consulting with the 
                                Secretary of Veterans Affairs.
                            ``(vi) Administration.--Grants awarded 
                        under the Program shall be administered in 
                        accordance with the Native American Housing 
                        Assistance and Self-Determination 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, 
                                reports on the utilization of rental 
                                assistance provided under the Program; 
                                and
                                    ``(II) provide to the Secretary 
                                information specified by the Secretary 
                                to assess the effectiveness of the 
                                Program in serving eligible Indian 
                                veterans.
                            ``(vii) Consultation.--
                                    ``(I) Grant recipients; tribal 
                                organizations.--The Secretary, in 
                                coordination with the Secretary of 
                                Veterans Affairs, shall consult with 
                                eligible recipients and any other 
                                appropriate tribal organization on the 
                                design of the Program to ensure the 
                                effective delivery of rental assistance 
                                and supportive services to eligible 
                                Indian veterans under the Program.
                                    ``(II) Indian health service.--The 
                                Director of the Indian Health Service 
                                shall provide any assistance requested 
                                by the Secretary or the Secretary of 
                                Veterans Affairs in carrying out the 
                                Program.
                            ``(viii) Waiver.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                Secretary may waive or specify 
                                alternative requirements for any 
                                provision of law (including 
                                regulations) that the Secretary 
                                administers in connection with the use 
                                of rental assistance made available 
                                under the Program if the Secretary 
                                finds that the waiver or alternative 
                                requirement is necessary for the 
                                effective delivery and administration 
                                of rental assistance under the Program 
                                to eligible Indian veterans.
                                    ``(II) Exceptions.--The Secretary 
                                may not waive or specify alternative 
                                requirements under subclause (I) for 
                                any provision of law (including 
                                regulations) relating to labor 
                                standards or the environment.
                            ``(ix) Renewal grants.--The Secretary may--
                                    ``(I) set aside, from amounts made 
                                available for tenant-based rental 
                                assistance under this subsection and 
                                without regard to the amounts used for 
                                new grants under clause (ii), such 
                                amounts as may be necessary to award 
                                renewal grants to eligible recipients 
                                that received a grant under the Program 
                                in a previous year; and
                                    ``(II) specify criteria that an 
                                eligible recipient must satisfy to 
                                receive a renewal grant under subclause 
                                (I), including providing data on how 
                                the eligible recipient used the amounts 
                                of any grant previously received under 
                                the Program.
                            ``(x) Reporting.--
                                    ``(I) In general.--Not later than 1 
                                year after the date of enactment of the 
                                Tribal HUD-VASH Act of 2021, and every 
                                5 years thereafter, the Secretary, in 
                                coordination with the Secretary of 
                                Veterans Affairs and the Director of 
                                the Indian Health Service, shall--
                                            ``(aa) conduct a review of 
                                        the implementation of the 
                                        Program, including any factors 
                                        that may have limited its 
                                        success; and
                                            ``(bb) submit a report 
                                        describing the results of the 
                                        review under item (aa) to--

                                                    ``(AA) the 
                                                Committee on Indian 
                                                Affairs, the Committee 
                                                on Banking, Housing, 
                                                and Urban Affairs, the 
                                                Committee on Veterans' 
                                                Affairs, and the 
                                                Committee on 
                                                Appropriations of the 
                                                Senate; and

                                                    ``(BB) the 
                                                Subcommittee on Indian, 
                                                Insular and Alaska 
                                                Native Affairs of the 
                                                Committee on Natural 
                                                Resources, the 
                                                Committee on Financial 
                                                Services, the Committee 
                                                on Veterans' Affairs, 
                                                and the Committee on 
                                                Appropriations of the 
                                                House of 
                                                Representatives.

                                    ``(II) Analysis of housing stock 
                                limitation.--The Secretary shall 
                                include in the initial report submitted 
                                under subclause (I) a description of--
                                            ``(aa) any regulations 
                                        governing the use of formula 
                                        current assisted stock (as 
                                        defined in section 1000.314 of 
                                        title 24, Code of Federal 
                                        Regulations (or any successor 
                                        regulation)) within the 
                                        Program;
                                            ``(bb) the number of 
                                        recipients of grants under the 
                                        Program that have reported the 
                                        regulations described in item 
                                        (aa) as a barrier to 
                                        implementation of the Program; 
                                        and
                                            ``(cc) proposed alternative 
                                        legislation or regulations 
                                        developed by the Secretary in 
                                        consultation with recipients of 
                                        grants under the Program to 
                                        allow the use of formula 
                                        current assisted stock within 
                                        the Program.''.

SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING.

    (a) Authorization of Appropriations.--Section 184(i) of the Housing 
and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)) is 
amended--
            (1) in paragraph (5)--
                    (A) in subparagraph (C), by striking ``2008 through 
                2012'' and inserting ``2022 through 2026''; and
            (2) by striking paragraph (7) and inserting the following 
        new paragraph:
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Guarantee Fund to carry 
        out this section--
                    ``(A) $12,200,000 for fiscal year 2022;
                    ``(B) $12,800,000 for fiscal year 2023;
                    ``(C) $13,400,000 for fiscal year 2024;
                    ``(D) $14,000,000 for fiscal year 2025; and
                    ``(E) $14,700,000 for fiscal year 2026.''.
    (b) Foreclosure Proceedings.--
            (1) Jurisdiction.--Paragraph (1) of section 184(h) of the 
        Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
        13a(h)(1)) is amended--
                    (A) in subparagraph(A)(i), by inserting ``, 
                including in a tribal court having jurisdiction,'' 
                after ``notice of such action to the Secretary)''; and
                    (B) in subparagraph (B), by inserting before the 
                period at the end the following: ``, which may include 
                initiating foreclosure proceedings in the tribal court 
                having jurisdiction, but if the tribal court does not 
                hold proceedings on a foreclosure complaint within the 
                period provided under applicable law or within 90 days 
                of service of the foreclosure complaint (whichever is 
                longer), the Secretary may voluntarily dismiss the 
                tribal court action and proceed to file in another 
                court of competent jurisdiction''.
            (2) Contract attorneys.--Clause (i) of section 184(h)(1)(A) 
        of the Housing and Community Development Act of 1992 (12 U.S.C. 
        1715z-13a(h)(1)), as amended by subsection (b) of this section, 
        is further amended by adding at the end the following: ``The 
        Attorney General may contract for and use the services of 
        private attorneys in handling such foreclosure proceedings if 
        the Attorney General determines use of such attorneys will 
        facilitate competent and cost-effective representation.''.

SEC. 503. SET-ASIDE OF USDA RURAL HOUSING FUNDING FOR INDIAN TRIBES.

    Section 509 of the Housing Act of 1949 (42 U.S.C. 1479) is amended 
by adding at the end the following new subsection:
    ``(g) Set-Aside for Indian Tribes.--For each fiscal year, the 
Secretary shall set aside and reserve for assistance for Indian tribes 
(as such term is defined in section 4 of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) an 
amount equal to 5.0 percent in each fiscal year of the aggregate amount 
of lending authority, budget authority, or guarantee authority, as 
appropriate, made available for such fiscal year for assistance under 
each of sections 502, 504, 515, 533, and 538 and of the aggregate 
amount made available to the Rural Utilities Service to carry out 
programs or activities. The procedure under this section for reserving 
amounts shall also provide that any assistance set aside in any fiscal 
year for Indian tribes that has not been expended by a reasonable date 
established by the Secretary shall be made available and allocated 
under the laws and regulations relating to such assistance, 
notwithstanding this subsection.''.

SEC. 504. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING COUNSELING.

    Paragraph (4) of section 106(a) of the Housing and Urban 
Development Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``and'' and inserting a comma; and
                    (B) by inserting before the period at the end the 
                following: ``, Indian tribes, and tribally designated 
                housing entities. For purposes of this paragraph, the 
                terms `Indian tribe' and `tribally designated housing 
                entity' shall have the same meanings given such terms 
                in section 4 of the Native American Housing Assistance 
                and Self-Determination Act of 1996 (25 U.S.C. 4103)''; 
                and
            (2) in subparagraph (B), by inserting ``, Indian tribes, 
        and tribally designated housing entities'' after 
        ``organizations)''.

SEC. 505. COMPETITIVE GRANTS.

    Title VII (25 U.S.C. 4211 et seq.) is amended by adding at the end 
the following new section:

``SEC. 706. COMPETITIVE GRANTS.

    ``(a) Authority.--To the extent amounts are made available pursuant 
to subsection (d), the Secretary shall make grants under this section, 
pursuant to a competition for such grants, to eligible recipients of 
block grants under title I that apply for grants under this section for 
use only for carrying out eligible affordable housing activities under 
section 202 (25 U.S.C. 4132).
    ``(b) Priority; Considerations.--In awarding grants under this 
section, the Secretary shall--
            ``(1) give priority to projects for construction, and 
        related necessary infrastructure, that will increase the 
        inventory of affordable housing;
            ``(2) encourage housing rehabilitation projects that will 
        increase the useful life of existing affordable housing 
        dwelling units and alleviate substandard housing conditions;
            ``(3) encourage necessary affordable housing-related 
        infrastructure projects that will enable future construction or 
        rehabilitation; and
            ``(4) consider need and administrative capacity of 
        applicants.
    ``(c) Administrative Costs.--Of any amounts made available pursuant 
to subsection (d) for any fiscal year, not more than 1 percent may be 
used by the Secretary for necessary costs of administering and 
overseeing the obligation and expenditure of amounts made available for 
grants under this section.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section--
            ``(1) $100,000,000 for fiscal year 2022;
            ``(2) $105,000,000 for fiscal year 2023;
            ``(3) $110,000,000 for fiscal year 2024;
            ``(4) $115,000,000 for fiscal year 2025; and
            ``(5) $120,000,000 for fiscal year 2026.''.

                        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
            (2) in subsection (b)(1) by striking ``this Act'' and 
        inserting ``the Native American Housing Assistance and Self-
        Determination Reauthorization Act of 2021''.

SEC. 602. LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING 
              PURPOSES.

    Section 702 (25 U.S.C. 4211) is amended--
            (1) in subsection (c)(1), by inserting ``, whether enacted 
        before, on, or after the date of the enactment of this 
        section'' after ``law''; and
            (2) by striking ``50 years'' each place such term appears 
        and inserting ``99 years''.

SEC. 603. EXEMPTION FOR INDIAN TRIBES FROM NATIONAL FLOOD INSURANCE 
              PROGRAM PARTICIPATION REQUIREMENT.

    Paragraph (3) of section 3(a) of the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4003(a)(3)) is amended by inserting before the 
semicolon at the end the following: ``or for any Indian tribe that has 
in effect a plan for mitigating damage resulting from flooding that has 
been approved by the tribal government for the tribe''.

SEC. 604. COMPLIANCE WITH TREATY OBLIGATIONS.

    The Secretary of Housing and Urban Development shall withhold all 
or partial funds to a tribe or tribal entity under this Act if, after 
consultation with the Secretary of the Interior and the tribe, the 
Secretary determines prior to disbursement that the tribe is not in 
compliance with obligations under its 1866 treaty with the United 
States as it relates to the inclusion of persons who are lineal 
descendants of Freedmen as having the rights of the citizens of such 
tribes, unless a federal court has issued a final order that determines 
the treaty obligations with respect to including Freedmen as citizens. 
For purposes of this subparagraph, a court order is not considered 
final if time remains for an appeal or application for discretionary 
review with respect to the order.

SEC. 605. CLERICAL AMENDMENT.

    The table of contents in section 1(b) is amended by striking the 
item relating to section 206 (treatment of funds).

                TITLE VII--HOUSING FOR NATIVE HAWAIIANS

SEC. 701. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT.

    Section 824 (25 U.S.C. 4243) is amended to read as follows:

``SEC. 824. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Department of 
Housing and Urban Development for grants under this title--
            ``(1) $13,000,000 for fiscal year 2022;
            ``(2) $13,620,000 for fiscal year 2023;
            ``(3) $14,280,000 for fiscal year 2024;
            ``(4) $14,960,000 for fiscal year 2025; and
            ``(5) $15,680,000 for fiscal year 2026.''.

SEC. 702. REAUTHORIZATION OF LOAN GUARANTEES FOR NATIVE HAWAIIAN 
              HOUSING.

    Section 184A(j) of the Housing and Community Development Act of 
1992 (12 U.S.C. 1715z-13b(j)) is amended--
            (1) in paragraph (5)(C), by striking ``for each of fiscal 
        years'' and all that follows through the period at the end and 
        inserting ``for each of fiscal years 2022 through 2026 with an 
        aggregate outstanding principal amount not exceeding such 
        amount as may be provided in appropriation Acts for such fiscal 
        year.''; and
            (2) by striking paragraph (7) and inserting the following 
        new paragraph:
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Guarantee Fund to carry 
        out this section--
                    ``(A) $386,000 for fiscal year 2022;
                    ``(B) $405,000 for fiscal year 2023;
                    ``(C) $424,000 for fiscal year 2024;
                    ``(D) $444,000 for fiscal year 2025; and
                    ``(E) $466,000 for fiscal year 2026.''.
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