Native American Housing Assistance and Self-Determination Act of 1996
PL 104-330 (H.R.3219), enacted 10/26/1996

110 STAT. 4016 
PUBLIC LAW 104-330—OCT. 26, 1996 
Public Law 104-330 
104th Congress 
Oct. 26, 1996 
[H.R. 32191 
Native American 
Housing 
Assistance and 
Self-
Determination 
Act of 1996. 
25 u s e 4101 
note. 
An Act 
To provide Federal assistance for Indian tribes in a manner that recognizes the 
right of tribal self-governance, 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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Native 
American Housing Assistance and Self-Determination Act of 1996". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title. 
Sec. 2. Congressional findings. 
Sec. 3. Administration through Office of Native American Programs. 
Sec. 4. Definitions. 
TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 
Sec. 101. Block grants. 
Sec. 102. Indian housing plans. 
Sec. 103. Review of plans. 
Sec. 104. Treatment of program income and labor standards. 
Sec. 105. Environmentail review. 
Sec. 106. Regulations. 
Sec. 107. Effective date. 
Sec. 108. Authorization of appropriations. 
TITLE II—AFFORDABLE HOUSING ACTIVITIES 
Sec. 201. National objectives and eligible families. 
Sec. 202. Eligible affordable housing activities. 
Sec. 203. Program requirements. 
Sec. 204. Tjrpes of investments. 
Sec. 205. Low-income requirement and income targeting. 
Sec. 206. Certification of^compliance with subsidy layering requirements. 
Sec. 207. Lease requirements and tenant selection. 
Sec. 208. Availability of records. 
Sec. 209. Repayment. 
Sec. 210. Continued use of amounts for affordable housing. 
TITLE III—ALLOCATION OF GRANT AMOUNTS 
Sec. 301. Annual allocation. 
Sec. 302. Allocation formula. 
TITLE IV—COMPLIANCE, AUDITS, AND REPORTS 
Sec. 401. Remedies for noncompliance. 
Sec. 402. Replacement of recipient. 
Sec. 403. Monitoring of compliance. 
Sec. 404. Performance reports. 
Sec. 405. Review and audit by Secretary. 
Sec. 406. GAO audits. 
Sec. 407. Reports to Congress. 
TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER 
INCORPORATED PROGRAMS 
Sec. 501. Repeal of provisions relating to Indian housing assistance under United 
States Housing Act of 1937. 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4017 
Sec. 502. Termination of Indian housing assistance under United States Housing 
Act of 1937. 
Sec. 503. Termination of new commitments for rental assistance. 
Sec. 504. Termination of youthbuild program assistance. 
Sec. 505. Termination of HOME pro-am assistance. 
Sec. 506. Termination of housing assistance for the homeless. 
Sec. 507. Savings provision. 
Sec. 508. Effective date. 
TITLE VI—FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING 
ACTIVITIES 
Sec. 601. Authority and requirements. 
Sec. 602. Security and repayment. 
Sec. 603. Payment of interest. 
Sec. 604. Training and information. 
Sec. 605. Limitations on amount of guarantees. 
Sec. 606. Effective date. 
TITLE VII—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 
Sec. 701. Loan guarantees for Indian housing. 
Sec. 702. 50-year leasehold interest in trust or restricted lands for housing 
purjwses. 
Sec. 703. Training and technical assistance. 
Sec. 704. Public and Assisted Housing Drug Elimination Act of 1990. 
Sec. 705. Effective date. 
SEC. 2. CONGRESSIONAL FINDINGS. 
' 
25 USC 4101. 
The Congress finds that— 
(1) the Federal Government has a responsibility to promote 
the general welfare of the Nation— 
(A) by using Federal resources to aid families and 
individuals seeking affordable homes in safe and healthy 
environments and, in particular, assisting responsible, 
deserving citizens who cannot provide fully for themselves 
because of temporary circumstances or factors beyond their 
control; 
(B) by working to ensure a thriving national economy 
and a strong private housing market; and 
(C) by developing effective partnerships among the 
Federal Government, State, tribal, and local governments, 
and private entities that allow government to accept 
responsibility for fostering the development of a healthy 
marketplace and allow families to prosper without govern-
ment involvement in their day-to-day activities; 
(2) there exists a unique relationship between the Govern-
ment of the United States and the governments of Indian 
tribes and a unique Federal responsibility to Indian people; 
(3) the Constitution of the United States invests the 
Congress with plenary power over the field of Indian affairs, 
and through treaties, statutes, and historical relations with 
Indian tribes, the United States has undertaken a unique trust 
responsibility to protect and support Indian tribes £ind Indian 
people; 
(4) the Congress, through treaties, statutes, and the general 
course of dealing with Indian tribes, has assumed a trust 
responsibility for the protection and preservation of Indian 
tribes and for working with tribes and their members to 
improve their housing conditions and socioeconomic status so 
that they are able to take greater responsibility for their own 
economic condition; 
(5) providing affordable homes in safe and healthy environ-
ments is an essential element in the special role of the United 
110 STAT. 4018 
PUBLIC LAW 104-330—OCT. 26, 1996 
States in helping tribes and their members to improve their 
housing conditions and socioeconomic status; 
(6) the need for affordable homes in safe and healthy 
environments on Indian reservations, in Indian communities, 
and in Native Alaskan villages is acute and the Federal Govern-
ment should work not only to provide housing assistance, but 
also, to the extent practicable, to assist in the development 
of private housing finance mechanisms on Indiein lands to 
achieve the goals of economic self-sufficiency and self-deter-
mination for tribes and their members; and 
' (7) Federal assistance to meet these responsibilities should 
be provided in a manner that recognizes the right of Indisin 
sel^determination and tribal self-governance by making such 
assistance available... directly to the Indian tribes or tribally 
designated entities under authorities similar to those accorded 
Indian tribes in PubUc Law 93-638 (25 U.S.C. 450 et seq.). 
25 use 4102. 
SEC. 3. ADMINISTRATION THROUGH OFFICE OF NATIVE AMERICAN 
PROGRAMS. 
The Secretary of Housing and Urban Development shall carry 
out this Act through the Office of Native American Programs of 
the Department of Housing and Urban Development. 
25 use 4103. 
SEC. 4. DEFINITIONS. 
For purposes of this Act, the following definitions shedl apply: 
(1) ADJUSTED INCOME.—The term "adjusted income" means 
the annual income that remains after excluding the following 
amounts: 
(A) YOUTHS, 
STUDENTS, AND PERSONS 
WITH 
DIS-
ABILITIES.—$480 for each member of the family residing 
in the household (other than the head of the household 
or the spouse of the head of the household)— 
(i) who is under 18 years of age; or 
(ii) who is— 
(I) 18 years of age or older; and 
(II) a person with disabilities or a full-time 
student. 
(B) ELDERLY AND DISABLED FAMILIES.—$400 for an 
elderly or disabled family. 
(C) MEDICAL AND ATTENDANT EXPENSES.—The amount 
by which 3 percent of the annual income of the family 
is exceeded by the aggregate of— 
(i) medical expenses, in the case of an elderly 
or disabled family; £ind 
(ii) reasonable 
attendant 
care and auxiliary 
apparatus expenses for each family member who is 
a person with disabilities, to the extent necessary to 
enable any member of the family (including a member 
who is a person with disabilities) to be employed. 
(D) CHILD CARE EXPENSES.—Child care expenses, to 
the extent necessary to enable another member of the 
family to be employed or to further his or her education. 
(E) EARNED INCOME OF MINORS.—The amount of any 
earned income of any member of the family who is less 
than 18 years of age. 
(F) TRAVEL EXPENSES.—Excessive travel expenses, not 
to exceed $25 per family per week, for emplo3rment- or 
education-related travel. 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4019 
(G) OTHER AMOUNTS.—Such other amounts as may 
be provided in the Indian housing plan for an Indian tribe. 
(2) AFFORDABLE HOUSING.—The term "affordable housing" 
means housing that complies with the requirements for 
affordable housing under title 11, The term includes permanent 
housing for homeless persons who are persons with disabilities, 
transitional housing, and single room occupancy housing, 
(3) DRUG-RELATED CRIMINAL ACTIVITY,—The term "drug-
related criminal activit}^' means the illegal manufacture, sale, 
distribution, use, or possession with intent to manufacture, 
sell, distribute, or use, of a controlled substance (as such term 
is defined in section 102 of the Controlled Substances Act). 
(4) ELDERLY FAMILIES AND NEAR-ELDERLY FAMILIES.—The 
terms "elderly famil/' and "near-elderly family" mean a family 
whose head (or his or her spouse), or whose sole member, 
is an elderly person or a near-elderly person, respectively. Such 
terms include 2 or more elderly persons or near-elderly persons 
living together, and 1 or more such persons living with 1 
or more persons determined under the Indian housing plan 
for the agency to be essential to their care or well-being. 
(5) ELDERLY PERSON.—The term "elderly person" means 
a person who is at least 62 years of age. 
(6) FAMILY.—The term "family" includes a family with or 
without children, an elderly family, a near-elderly family, a 
disabled family, and a single person. 
(7) GRANT BENEFICIARY.—The term "grant beneficiary" 
means the Indian tribe or tribes on behalf of which a grant 
is made under this Act to a recipient. 
(8) INCOME.—The term "income" means income fi-om all 
sources of each member of the household, as determined in 
accordance with criteria prescribed by the Secretary, except 
that the following amoimts may not he considered as income 
under this paragraph: 
(A) Any amounts not actually received by the family. 
(B) Any amounts that would be eligible for exclusion 
under section 1613(a)(7) of the Social Security Act. 
(9) INDIAN.—The term "Indian" means any person who 
is a member of an Indian tribe. 
(10) INDIAN AREA.—The term "Indian area" means the area 
within which a tribally designated housing entity is authorized 
by one or more Indian tribes to provide assistance under this 
Act for affordable housing. 
(11) INDIAN HOUSING PLAN.—The term "Indian housing 
plan" means a plan under section 102. 
(12) INDIAN TRIBE.— 
(A) IN GENERAL.—The term "Indian tribe" means a 
tribe that is a federally recognized tribe or a State recog-
nized tribe, 
(B) FEDERALLY RECOGNIZED TRIBE.—The term "feder-
ally recognized tribe" means any Indian tribe, band, nation, 
or other organized group or commxuiity of Indians, 
including any Alaska Native village or regional or village 
corporation as defined in or established pursuant to the 
Alaska Native Claims Settlement Act, that is recognized 
as eligible for the special programs and services provided 
by the United States to Indians because of their status 
110 STAT. 4020 
PUBLIC LAW 104-330—OCT. 26, 1996 
as Indians pursuant to the Indian Self-Determination and 
Education Assistance Act of 1975. 
(C) STATE RECOGNIZED TRIBE.— 
(i) IN GENERAL.—The term "State recognized tribe" 
means any tribe, band, nation, pueblo, village, or 
community— 
(I) that has been recognized as an Indian tribe 
by any State; and 
(II) for which an Indian Housing Authority 
has, before the effective date under section 107, 
entered into a contract with the Secretary pursu-
ant to the United States Housing Act of 1937 
for housing for Indian families and has received 
funding pursuant to such contract within the 5-
year period ending upon such effective date. 
(ii) CONDITIONS.—Notwithstanding clause (i)— 
(I) the allocation formula under section 302 
shall be determined for a State recognized tribe 
imder tribal membership eligibility criteria in 
existence on the date of the enactment of this 
Act; and 
(II) nothing in this paragraph shall be con-
strued to confer upon a State recognized tribe any 
rights, privileges, responsibilities, or obligations 
otherwise accorded groups recognized as Indian 
tribes by the United States for other purposes. 
(13) LOW-INCOME FAMILY.—The term "low-income family" 
means a family whose income does not exceed 80 percent of 
the median income for the area, as determined by the Secretary 
with adjustments for smaller and larger families, except that 
the Secretary may, for purposes of this paragraph, establish 
income ceilings higher or lower than 80 percent of the median 
for the area on the basis of the findings of the Secretary 
or the agency that such variations are necessary because of 
prevailing levels of construction costs or unusually high or 
low family incomes. 
(14) MEDIAN INCOME.—^The term "median income" means, 
with respect to an area that is an Indian area, the greater 
of— 
(A) the median income for the Indian area, which 
the Secretary shall determine; or 
(B) the median income for the United States. 
(15) NEAR-ELDERLY PERSON.—The term "near-elderly per-
son" means a person who is at least 55 years of age and 
less than 62 years of age. 
(16) NONPROFIT.—The term "nonprofit" meeins, with respect 
to an orgginization, association, corporation, or other entity, 
that no part of the net earnings of the entity inures to the 
benefit of any member, founder, contributor, or individual, 
(17) PERSON WITH DISABILITIES.—The term "person with 
disabilities" means a person who— 
(A) has a disability as defined in section 223 of the 
Social Security Act; 
(B) is determined, pursuant to regulations issued by 
the Secretary, to have a physical, mental, or emotional 
impairment which— 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4021 
(i) is expected to be of long-continued and indefinite 
duration; 
(ii) substantially impedes his or her ability to live 
independently; and 
(iii) is of such a nature that such ability could 
be improved by more suitable housing conditions; or 
(C) has a developmental disability as defined in section 
102 of the Developmental Disabilities Assistance and Bill 
of Rights Act. 
Such term shall not exclude persons who have the disease 
of acquired immunodeficiency sjmdrome or any conditions 
arising fi-om the etiologic agent for acquired immunodeficiency 
s)nidrome. Notwithstanding any other provision of law, no 
individual shall be considered a person with disabilities, for 
purposes of eligibility for housing assisted under this Act, solely 
on the basis of any drug or alcohol dependence. The Secretary 
shall consult with other appropriate Federal agencies to imple-
ment the preceding sentence. 
(18) RECIPIENT.—The term "recipient" means an Indian 
tribe or the entity for one or more Indian tribes that is author-
ized to receive grant amounts under this Act on behalf of 
the tribe or tribes. 
(19) SECRETARY.—Except as otherwise specifically provided 
in this Act, the term "Secretary" means the Secretary of Hous-
ing and Urban Development. 
(20) STATE.—The term "State" means the States of the 
United States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, the Virgin Islands, American Samoa, and any 
other territory or possession of the United States and Indian 
tribes. 
(21) TRIBALLY DESIGNATED HOUSING ENTITY.—The terms 
"tribally designated housing entity" and "housing entit/' have 
the following meaning: 
(A) EXISTING IHA'S.—With respect to any Indian tribe 
that has not taken action under subparagraph (B), and 
for which an Indian housing authority— 
(i) was established for purposes of the United 
States Housing Act of 1937 before the date of the 
enactment of this Act that meets the requirements 
under the United States Housing Act of 1937, 
(ii) is acting upon such date of enactment as the 
IndiEin housing authority for the tribe, and 
(iii) is not an Indian tribe for purposes of this 
Act, 
the terms mean such Indian housing authority. 
(B) OTHER ENTITIES.—With respect to any Indian tribe 
that, pursuant to this Act, authorizes an entity other than 
the tribed government to receive grant amounts and provide 
assistance under this Act for affordable housing for Indians, 
which entity is established— 
(i) by exercise of the power of self-government 
of one or more Indian tribes independent of State 
law, or 
(ii) by operation of State law providing specifically 
for housing authorities or housing entities for Indians, 
110 STAT. 4022 
PUBLIC LAW 104-330—OCT. 26, 1996 
including regional housing authorities in the State of 
Alaska, 
the terms mean such entity. 
(C) ESTABLISHMENT.—A tribally designated housing 
entity may be authorized or established by one or more 
Indian tribes to act on behalf of each such tribe authorizing 
or establishing the housing entity. 
TITLE 
I—BLOCK 
GRANTS 
AND 
GRANT 
REQUIREMENTS 
25 use 4111. 
SEC. 101. BLOCK GRANTS. 
(a) AUTHORITY.—For each fiscal year, the Secretary shall (to 
the extent amounts are made available to carry out this Act) make 
grants under this section on behalf of Indian tribes to carry out 
affordable housing activities. Under such a grant on behalf of an 
Indian tribe, the Secretary shall provide the grant amounts for 
the tribe directly to the recipient for the tribe. 
(b) PLAN REQUIREMENT.— 
(1) IN GENERAL.—The Secretary may make a grant under 
this Act on behalf of an Indian tribe for a fiscal year 
only if— 
(A) the Indian tribe has submitted to the Secretary 
an Indian housing plan for such fiscal year iinder section 
102; and 
(B) the plan has been determined under section 103 
to comply with the requirements of section 102. 
(2) WAIVER.—The Secretary may waive the applicability 
of the requirements imder paragraph (1), in whole or in part, 
if the Secretary finds that an Indian tribe has not compUed 
or cannot comply with such requirements due to circumstances 
beyond the control of the tribe. 
(c) LOCAL COOPERATION AGREEMENT.—The Secretary may not 
make any grant under this Act on behalf of an Indian tribe unless 
the governing body of the locality within which any affordable 
housing to be assisted with the grant amounts will be situated 
has entered into an agreement with the recipient for the tribe 
providing for local cooperation required by the Secretary pursuant 
to this Act. 
(d) EXEMPTION FROM TAXATION.—A grant recipient for an 
Indian tribe may receive a block grant under this Act only if— 
(1) the affordable housing assisted with grant amounts 
received by the recipient (exclusive of any portions not assisted 
with amounts provided under this Act) is exempt firom £ill 
real and personal property taxes levied or imposed by any 
State, tribe, city, county, or other political subdivision; and 
(2) the recipient makes annual payments of user fees to 
compensate such governments for the costs of providing govern-
mental services, including police and fire protection, roads, 
water and sewerage systems, utilities systems and related 
faciUties, or payments in lieu of taxes to such taxing authority, 
in an amount equal to the greater of $150 per dwelling unit 
or 10 percent of the difference between the shelter rent and 
the utility cost, or such lesser amount as— 
(A) is prescribed by State, tribal, or local law; 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4023 
(B) is agreed to by the local governing body in the 
agreement under subsection (c); or 
(C) the recipient and the local governing body agree 
that such user fees or payments in lieu of taxes shall 
not be made. 
(e) EFFECT OF FAILURE TO EXEMPT FROM TAXATION.—Notwith-
standing subsection (d), a grant recipient that does not comply 
with the requirements under such subsection may receive a block 
grant imder this Act, but only if the tribe, State, city, county, 
or other political subdivision in which the affordable housing devel-
opment is located contributes, in the form of cash or tax remission, 
the amoimt by which the taxes paid with respect to the development 
exceed the amounts prescribed in subsection (d)(2). 
(f) AMOUNT.—Except as otherwise provided under this Act, 
the amount of a grant under this section to a recipient for a 
fiscsQ year shall be— 
(1) in the case of a recipient whose gremt beneficiary is 
a single Indian tribe, the amoimt of the allocation under section 
301 for the Indian tribe; and 
(2) in the case of a recipient whose grant beneficiary is 
more than 1 Indian tribe, the sum of the amounts of the 
allocations under section 301 for each such Indian tribe. 
(g) USE FOR AFFORDABLE HOUSING ACTIVITIES UNDER PLAN.— 
Except as provided in subsection (h), amounts provided under a 
grant under this section may be used only for affordable housing 
activities under title II that are consistent with an Indiam housing 
plan approved under section 103. 
(h) ADMINISTRATIVE EXPENSES.—The Secretary shall, by regula- Regulations, 
tion, authorize each recipient to use a percent^e of any grant 
amounts received imder this Act for any reasonable administrative 
and planning expenses of the recipient relating to carrying out 
this Act and activities assisted with such amounts, which may 
include costs for salaries of individuals engaged in administering 
and managing affordable housing activities assisted with grant 
amounts provided under this Act and expenses of preparing an 
Indian housing plan under section 102. 
(i) PUBLIC-PRIVATE PARTNERSHIPS.—Each recipient shall make 
all reasonable efforts, consistent with the purposes of this Act, 
to maximize participation by the private sector, including nonprofit 
organizations and for-profit entities, in implementing the approved 
Indian housing plsm. 
SEC. 102. INDIAN HOUSING PLANS. 
25 USC 4112. 
(a) PLAN SUBMISSION.—The Secretary shall provide— 
(1) for an Indian tribe to submit to the Secretary, for 
each fiscal year, a housing plan imder this section for the 
tribe; 
(2) for the tribally designated housing entity for the tribe 
to submit the plan as provided in subsection (d) for the tribe; 
and 
(3) for the review of such plans. 
(b) 5-YEAR PLAN.—Each housing plan under this section shall 
be in a form prescribed by the Secretary and shall contain, with 
respect to the 5-year period beginning with the fiscal year for 
which the plan is submitted, the following information: 
(1) 
MISSION STATEMENT.—A general statement of 
the 
mission of the Indian tribe to serve the needs of the low-
110 STAT. 4024 
PUBLIC LAW 104-330—OCT. 26, 1996 
income families in the jurisdiction of the Indian tribe during 
the period. 
(2) GOALS AND OBJECTIVES.—^A statement of the goals and 
objectives of the Indian tribe to enable the tribe to serve the 
needs identified in paragraph (1) during the period. 
(3) ACTIVITIES PLAN.—^An overview of the activities planned 
during the period including an anedysis of the manner in which 
the activities will enable the tribe to meet its mission, goals, 
and objectives. 
(c) 1-YEAR PLAN.—A housing plan under this section for an 
Indian tribe shall be in a form prescribed by the Secretary and 
contain the following information relating to the upcoming fiscal 
year for which the assistance under this Act is to be made available: 
(1) GOALS AND OBJECTIVES.—^A statement of the goals and 
objectives to be accomplished during that period. 
(2) STATEMENT OF NEEDS.—^A statement of the housing 
needs of the low-income Indian families residing in the jurisdic-
tion of the Indian tribe and the means by which such needs 
will be addressed during the period, including— 
(A) a description of the estimated housing needs and 
the need for assistance for the low-income 
Indian 
families in the jurisdiction, including a description of the 
manner in which the geographical distribution of assistance 
is consistent with the geographical needs and needs for 
various categories of housing assistance; and 
(B) a description of the estimated housing needs for 
all Indian families in the jurisdiction. 
(3) FINANCIAL RESOURCES.—An operating budget for the 
recipient, in a form prescribed by the Secretary, that includes— 
(A) an identification and a description of the financial 
resources reasonably available to the recipient to carry 
out the purposes of this Act, including an explanation 
of the manner in which amounts made available will lever-
age additional resources; and 
(B) the uses to which such resources will be committed, 
including eligible and required affordable housing activities 
under title II and administrative expenses. 
(4) AFFORDABLE HOUSING RESOURCES.—A statement of the 
affordable housing resources currently available and to be made 
available during the period, including— 
(A) a description of the significant characteristics of 
the housing market in the jurisdiction, including the avail-
ability of housing from other public sources, private market 
housing, £ind the manner in which such characteristics 
influence the decision of the recipient to use grant amounts 
to be provided under this Act for rental assistance, 
production of new units, acquisition of existing units, or 
rehabilitation of units; 
(B) a description of the structure, coordination, and 
means of cooperation between the recipient and any other 
governmental entities in the development, submission, or 
implementation of housing plans, including a description 
of the involvement of private, public, and nonprofit 
organizations and institutions, and the use of loan 
guarantees under section 184 of the Housing and Commu-
nity Development Act of 1992, and other housing assistance 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4025 
provided by the Federal Government for Indian tribes, 
including loans, grants, and mortgage insurance; 
(C) a description of the msminer in which the plan 
will address the needs identified pursuant to paragraph 
(2); 
(D) a description of the manner in which the recipient 
will protect and maintain the viability of housing owned 
and operated by the recipient that was developed under 
a contract between the Secretary and an Indian housing 
authority pursuant to the United States Housing Act of 
1937; 
(E) a description of 'any existing and anticipated 
homeownership programs and rental programs to be carried 
out during the period, and the requirements and assistance 
available under such programs; 
(F) a description of any existing and anticipated 
housing rehabilitation programs necessary to ensure the 
long-term viability of the housing to be carried out during 
the period, and the requirements and assistance available . 
under such programs; 
(G) a description of all other existing or anticipated 
housing assistance provided by the recipient during the 
period, including transitional housing, homeless housing, 
college housing, supportive services housing, £ind the 
requirements and assistance available under such pro-
grams; 
(H) a description of any housing to be demolished 
or disposed of, a timetable for such demolition or disposi-
tion, and any other information required by the Secretary 
with respect to such demolition or disposition; 
(I) a description of the manner in which the recipient 
will coordinate with tribal and State welfare agencies to 
ensure that residents of such housing will be provided 
with access to resources to assist in obtaining employment 
and achieving self-sufficiency; 
(J) a description of the requirements established by 
the recipient to promote the safety of residents of such 
housing, facilitate the undertaking of crime prevention 
measures, allow resident input £ind involvement, including 
the establishment of resident organizations, and allow for 
the coordination of crime prevention activities between the 
recipient and tribal and local law enforcement officials; 
and 
(K) a description of the entity that will carry out the 
activities imder the plan, including the organizational 
capacity and key personnel of the entity. 
(5) CERTIFICATION OF COMPLIANCE.—Evidence of compli-
ance which shall include, as appropriate— 
(A) a certification that the recipient will comply with 
title II of the Civil Rights Act of 1968 in carrying out 
this Act, to the extent that such title is applicable, and 
other applicable Federal statutes; 
(B) a certification that the recipient will maintain ade-
quate insurance coverage for housing units that are owned 
and operated or assisted with grant amoimts provided 
under this Act, in compliance with such requirements as 
may be established by the Secretary; 
110 STAT. 4026 
PUBLIC LAW 104-330—OCT. 26, 1996 
(C) a certification that policies are in effect and are 
available for review by the Secretary and the public govem-
; ing the eligibility, admission, and occupancy of families 
for housing assisted with grant amounts provided under 
this Act; 
(D) a certification that policies are in effect and are 
available for review by the Secretary and the public govern-
ing rents charged, including the methods by which such 
rents or homebuyer pajonents are determined, for housing 
assisted with grant amounts provided under this Act; and 
(E) a certification that policies are in effect and are 
available for review by the Secretary and the public govern-
ing the management and maintenance of housing assisted 
with grant amounts provided under this Act. 
(d) 
PARTICIPATION 
OF 
TRIBALLY 
DESIGNATED 
HOUSING 
ENTITY.—^A plan under this section for an Indian tribe may be 
prepared and submitted on behalf of the tribe by the tribally des-
ignated housing entity for the tribe, but only if such plan contains 
a certification by the recognized tribal government of the grant 
beneficiary that such tribe— 
(1) has had an opportunity to review the plan and has 
authorized the submission of the plan by the housing entity; 
or 
(2) has delegated to such tribally designated housing entity 
the authority to submit a plan on behalf of the tribe without 
prior review by the tribe. 
(e) COORDINATION OF PLANS.—^A plan under this section may 
cover more them 1 Indian tribe, but only if the certification require-
ments under subsection (d) are complied with by each such grant 
beneficiary covered. 
(f) PLANS FOR SMALL TRIBES.— 
(1) SEPARATE REQUIREMENTS.—The Secretary may— 
(A) establish requirements for submission of plans 
under this section and the information to be included in 
such plans applicable to small Indian tribes and small 
tribally designated housing entities; and 
(B) waive any requirements under this section that 
the Secretary determines are burdensome or unnecessary 
for such tribes and housing 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 between 
the Secretary and the Indian housing authority for the tribe. 
(g) REGULATIONS.—The requirements relating to the contents 
of plans under this section shall be established by regulation, pursu-
ant to section 106. 
25 use 4113. 
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 
necessary. 
. 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4027 
(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 
required under this subsection and subsection (b), the plan 
shall be considered, for purposes of this Act, to have been 
determined to comply with the requirements under section 
102 and the tribe shall be considered to have been notified 
of compliance upon the expiration of such 60-day period. 
(b) NOTICE OF REASONS FOR DETERMINATION OF NONCOMPLI-
ANCE.—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 imder this subsection, the Secretary shall 
review the plan (including any amendments or modifications there-
to) 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 included in the plan, the 
plan shall be deemed to be incomplete. 
(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 section for any succeeding 
fiscal year (with respect to information included for the 5-year 
period imder 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 sheill submit a complete 
plan. 
(e) EFFECTIVE DATE.—^This section and section 102 shall take 
effect on the date provided by the Secretary pursuant to section 
106(a) to provide for timely submission and review of Indian housing 
plans as necessary for the provision of assistance imder this Act 
in fiscal year 1998. 
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. 
25 USC 4114. 
(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 initial disburse-
ment of the grant amounts received by the recipient; and 
(B) the recipient has agreed that it will utilize the 
program income for affordable housing activities in accord-
ance with the provisions of this Act. 
110 STAT. 4028 
PUBLIC LAW 104-330—OCT. 26, 1996 
(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 retains program 
income under paragraph (1); 
(B) the amount of any such 
program 
income 
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 £in unreasonable 
administrative burden on the recipient. 
(b) LABOR STANDARDS.— 
Contracts. 
(1) IN GENERAL.—^Any contract or agreement for assistance. 
Certification. 
gale, 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 
applicable State, tribal, or local law) by the Secretary, shall 
be paid to all architects, technicsd engineers, draftsmen, and 
technicians employed in the development, and all maintenance 
laborers and mechanics employed in the operation, of the afford-
able housing project involved; and shall £iIso contain a provision 
that not less than the wages prevailing in the locality, as 
predetermined by the Secretary of Labor pursuant 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 
housing involved, and the Secretary shall require certification 
as to compliance with the provisions of this paragraph before 
making any pa3mient under such contract or agreement. 
(2) EXCEPTIONS.—Paragraph (1) and the provisions relating 
to wages (pursu£int to paragraph (1)) in any contract or agree-
ment for assistance, sale, or lease pursuant to this Act, shall 
not apply to any individual who receives no compensation or 
is paid expenses, reasonable benefits, or a nominal fee to 
perform the services for which the individual volunteered and 
who is not otherwise employed at any time in the construction 
work. 
25 use 4115. 
SEC. 105. ENVIRONMENTAL REVIEW. 
(a) IN GENERAL.— 
(1) RELEASE OF FUNDS.—In order to ensure that the policies 
of the National EnvironmentEil Policy Act of 1969 and other 
provisions of law that further the purposes of such Act (as 
specified in regulations issued by the Secretary) are most effec-
tively implemented in connection with the expenditure of grant 
amounts provided under this Act, and to ensure to the public 
undiminished protection of the environment, the Secretary, in 
lieu of the environmental protection procedures otherwise 
applicable, may by regulation provide for the release of amounts 
for particular projects to tribes which assume all of the respon-
sibilities for environmental review, decisionmaking, and action 
pursuant to such Act, and such other provisions of law as 
the regulations of the Secretary specify, that would apply to 
the Secretary were the Secretary to undertedte such projects 
as Federal projects. 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4029 
(2) REGULATIONS.— 
(A) IN GENERAL.—The Secretary shall issue regulations 
to carry out this section only after consultation with the 
Council on Environmental Quality. 
(B) CONTENTS.—The regulations issued under this 
paragraph shall— 
(i) provide for the monitoring of the environmental 
reviews performed under this section; 
(ii) in the discretion of the Secretary, facilitate 
training for the performance of such reviews; and 
(iii) provide for the suspension or termination of 
the assumption of responsibilities under this section. 
(3) EFFECT ON ASSUMED RESPONSIBILITY.—The duty of the 
Secretary under paragraph (2)(B) shall not be construed to 
limit or reduce any responsibility assumed by a recipient of 
grant amoiuits with respect to any particular release of funds. 
(b) PROCEDURE.—The Secretary shall approve the release of 
fiinds subject to the procedures authorized by this section only 
if, not less than 15 days prior to such approval and prior to any 
commitment of funds to such projects, the tribe has submitted 
to the Secretary a request for such release accompanied by a certifi-
cation that meets the requirements of subsection (c). The approval 
of the Secretary of any such certification shall be deemed to satisfy 
the responsibilities of the Secretary under the National Environ-
mental Policy Act of 1969 and such other provisions of law as 
the regulations of the Secretary specify insofar as those responsibil-
ities relate to the releases of funds for projects to be carried out 
pursuant thereto that are covered by such certification. 
(c) 
CERTIFICATION.—A certification 
under the procedures 
authorized by this section shall— 
(1) be in a form acceptable to the Secretary; 
(2) be executed by the chief executive officer or other officer 
of the tribe under this Act qualified imder regulations of the 
Secretary; 
(3) specify that the tribe has fully carried out its respon-
sibilities as described under subsection (a); and 
(4) specify that the certifying officer— 
(A) consents to assume the status of a responsible 
Federal official under the National Environmental Policy 
Act of 1969 and each provision of law specified in regula-
tions issued by the Secretary insofar as the provisions 
of such Act or such other provisions of law apply pursuant 
to subsection (a); and 
(B) is authorized and consents on behalf of the tribe 
and such officer to accept the jurisdiction of the Federal 
courts for the purpose of enforcement of the responsibilities 
of the certifying officer as such an official. 
SEC. 106. REGULATIONS. 
25USC4116. 
(a) TRANSITION REQUIREMENTS.— 
(1) IN GENERAL.—Not later than 90 days after the date Federal Register, 
of the enactment of this Act, the Secretary shall, by notice publication, 
issued in the Federal Register, establish any requirements 
necessary to provide for the transition (upon the effectiveness 
of this Act and the amendments made by this Act) from the 
provision of assistance for Indian tribes and Indian housing 
authorities under the United States Housing Act of 1937 and 
110 STAT. 4030 
PUBLIC LAW 104-330—OCT. 26, 1996 
other related provisions of law to the provision of assistance 
in accordance with this Act and the amendments made by 
this Act. 
(2) 
PUBLIC COMMENTS; GENERAL NOTICE OF PROPOSED 
RULEMAKING.—The notice issued under paragraph (1) shall— 
(A) invite public comments regarding such transition 
requirements and final regulations to carry out this Act; 
£Uld 
(B) include a general notice of proposed rulemaking 
(for purposes of section 564(a) of title 5, United States 
Code) of the final regulations under subsection (b). 
(b) FINAL REGULATIONS.— 
Effective date. 
(1) TIMING.—The Secretary shall issue final regulations 
necessary to carry out this Act not later than September 1, 
1997, and such regulations shall take effect not later than 
the effective date of this Act. 
(2) NEGOTIATED RULEMAKING PROCEDURE.— 
(A) IN GENERAL.—Notwithstanding sections 563(a) and 
565(a) of title 5, United States Code, all regulations 
required under this Act shall be issued according to a 
negotiated rulemaking procedure under subchapter III of 
chapter 5 of title 5, United States Code. 
(B) COMMITTEE.— 
(i) IN GENERAL.—The Secretary shall establish a 
negotiated rulemaking committee, in accordance with 
the procedures under that subchapter, for the develop-
ment of proposed regulations xinder subparagraph (A). 
(ii) ADAPTATION.—In establishing the negotiated 
rulemaking committee, the Secretary shall— 
(I) adapt the procedures under the subchapter 
described in clause (i) to the imique govemment-
to-govemment relationship between the Indian 
tribes and the United States, and shall ensure 
that the membership of the committee include only 
representatives of the Federal Government and 
of geographically diverse small, medium, and large 
Indian tribes; and 
(II) shsill not preclude the participation of 
tribally designated housing entities should tribes 
elect to be represented by such entities. 
(c) EFFECTIVE DATE.—This section shall take effect on the date 
of the enactment of this Act. 
25 use 4101 
SEC. 107. EFFECTIVE DATE. 
Except as otherwise expressly provided in this Act, this Act 
and the amendments made by this Act shall take effect on October 
1,1997. 
25 use 4117. 
SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for grants under this 
title such sums as may be necessary for each of fiscal years 1998, 
Effective date. 
1999, 2000, and 2001. This section shall take effect on the date 
of the enactment of this Act. 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4031 
TITLE II—AFFORDABLE HOUSING 
ACTIVITIES 
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 
25 USC 4131. 
(a) PRIMARY OBJECTIVE.—The national objectives of this Act 
are— 
(1) to assist and promote affordable housing activities to 
develop, maintain, and operate affordable housing in safe and 
healthy environments on Indian reservations and in other 
Indian areas for occupancy by low-income Indian families; 
(2) to ensure better access to private mortgage markets 
for Indian tribes and their members and to promote self-
sufficiency of Indian tribes and their members; 
(3) to coordinate activities to provide housing for Indian 
tribes and their members with Federal, State, and local activi-
ties to further economic and community development for Indian 
tribes and their members; 
(4) to plan for and integrate infrastructure resources for 
Indian tribes with housing development for tribes; and 
(5) to promote the development of private capital markets 
in Indian country and to allow such markets to operate and 
grow, thereby benefiting Indian communities. 
(b) ELIGIBLE FAMILIES.— 
(1) IN GENERAL.—Except as provided under paragraph (2), 
assistance under eligible housing activities under this Act shall 
be limited to low-income Indian families on Indian reservations 
and other Indian areas. 
(2) EXCEPTION TO LOW-INCOME REQUIREMENT.—A recipient 
may provide assistance for homeownership activities under 
section 202(2), model activities under section 202(6), or loan 
- guarantee activities under title VI to Indian families who are 
not low-income families, to the extent that the Secretgiry 
approves the activities pursuant to such section or title because 
there is a need for housing for such families that cannot reason-
ably be met without such assistance. The Secretary shall 
establish limits on the amount of assistance that may be pro-
vided under this Act for activities for families who are not 
low-income families. 
(3) NON-INDIAN FAMILIES.—Notwithstanding paragraph (1), 
a recipient may provide housing or housing assistance provided 
through affordable housing activities assisted with grant 
amounts imder this Act for a non-Indian family on an Indian 
reservation or other Indian area if the recipient determines 
that the presence of the family on the Indisin reservation or 
other Indian area is essential to the well-being of Indian fami-
Ues and the need for housing for the family cannot reasonably 
be met without such assistance. 
(4) PREFERENCE FOR TRIBAL MEMBERS AND OTHER INDIAN 
FAMILIES.—The Indian housing plan for an Indian tribe may 
require preference, for housing or housing assistance provided 
through affordable housing activities assisted witn grant 
amounts provided under this Act on behalf of such tribe, to 
be given (to the extent practicable) to Indisin families who 
are members of such tribe, or to other Indian families. In 
any case in which the applicable Indian housing plan for an 
Indian tribe provides for preference under this paragraph, the 
110 STAT. 4032 
PUBLIC LAW 104-330—OCT. 26, 1996 
recipient for the tribe shall ensure that housing activities that 
are assisted with grant amounts under this Act for such tribe 
are subject to such preference. 
(5) EXEMPTION.—Title VI of the Civil Rights Act of 1964 
and title VIII of the Civil Rights Act of 1968 shall not apply 
to actions by Indian tribes under this subsection. 
25 use 4132. 
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIYITIES. 
Affordable housing activities under this title are activities, in 
accordance with the requirements of this title, to develop or to 
support affordable 
housing for rental or homeownership, or 
to provide housing services with respect to affordable housing, 
through the following activities: 
(1) 
INDIAN 
HOUSING 
ASSISTANCE.—The 
provision 
of 
modernization or operating assistance for housing previously 
developed or operated pursuant to a contract between the Sec-
retary and an Indian housing authority. 
(2) DEVELOPMENT.—The acquisition, new construction, 
reconstruction, or moderate or substantial rehabilitation of 
affordable housing, which may include real property acquisition, 
site improvement, development of utilities and utility services, 
conversion, demolition, financing, administration and planning, 
and other related activities. 
(3) HOUSING SERVICES.—The provision of housing-related 
services for affordable housing, such as housing counseling 
in connection with rental or homeownership 
assistance, 
establishment and support of resident organizations and resi-
dent management corporations, energy auditing, activities 
related to the provision of self-sufficiency and other services, 
and other services related to assisting owners, tenants, contrac-
tors, and other entities, participating or seelang to participate 
in other housing activities assisted pursuant to this section. 
(4) HOUSING MANAGEMENT SERVICES.—The provision of 
management services for affordable housing, including prepara-
tion of work specifications, loan processing, inspections, tenant 
selection, management of tenant-based rental assistance, and 
management of affordable housing projects. 
(5) CRIME PREVENTION AND SAFETY ACTIVITIES.—The provi-
sion of safety, security, and law enforcement measures and 
activities appropriate to protect residents of affordable housing 
from crime. 
(6) MODEL ACTIVITIES.—Housing activities under model 
programs that are designed to carry out the purposes of this 
Act and are specifically approved by the Secretary as appro-
priate for such purpose. 
25 use 4133. 
SEC. 203. PROGRAM REQUIREMENTS. 
(a) RENTS.— 
(1) 
ESTABLISHMENT.—Subject to paragraph (2), each 
recipient shall develop written policies governing rents and 
homebuyer pa3anents charged for dwelling units assisted under 
this Act, including the methods by which such rents and home-
buyer payments are determined. 
(2) MAXIMUM RENT.—In the case of any low-income family 
residing in a dwelling unit assisted with grant amounts under 
this Act, the monthly rent or homebuyer pajnment (as 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4033 
applicable) for such dwelling unit may not exceed 30 percent 
of the monthly adjusted income of such family. 
(b) MAINTENANCE AND EFFICIENT OPERATION.—Each recipient 
who owns or operates (or is responsible for funding any entity 
that owns or operates) housing developed or operated pursuant 
to a contract between the Secretary and an Indian housing authority 
pursuant to the United States Housing Act of 1937 shall, using 
amounts of any grants received under this Act, reserve and use 
for operating assistance under section 202(1) such amounts as may 
be necessary to provide for the continued maintenance and efficient 
operation of such housing. This subsection may not be construed 
to prevent any recipient (or entity funded by a recipient) from 
demolishing or disposing of Indisin housing referred to in this sub-
section, pursuant to regulations established by the Secretary. 
(c) INSURANCE 
COVERAGE.—Each recipient shall maintain 
adequate insurance coverage for housing units that are owned 
or operated or assisted with grant amoiuits provided under this 
Act. 
(d) ELIGIBILITY FOR ADMISSION.—Each recipient shall develop 
written policies governing the eligibility, admission, and occupancy 
of families for housing assisted with grant amounts provided under 
this Act. 
(e) MANAGEMENT AND MAINTENANCE.—Each recipient shall 
develop policies governing the management and maintenance of 
housing assisted with gr£int amounts imder this Act. 
SEC. 204. TYPES OF INVESTMENTS. 
25 USC 4134. 
(a) IN GENERAL.—Subject to section 203 and the Indian housing 
plan for an Indian tribe, the recipient for that tribe shall have— 
(1) the discretion to use grant amounts for affordable hous-
ing activities through equity investments, interest-bearing loans 
or advances, noninterest-bearing loans or advEinces, interest 
subsidies, leveraging of private investments, or any other form 
of assistance that the Secretary has determined to be consistent 
with the piuposes of this Act; and 
(2) the right to establish the terms of assistance. 
(b) INVESTMENTS.—^A recipient may invest grant amounts for 
the purposes of canying out affordable housing activities in invest-
ment securities and other obligations as approved by the Secretary. 
SEC. 205. LOW-INCOME REQUIREMENT AND INCOME TARGETING. 
25 USC 4135. 
(a) IN GENERAL.—Housing shall qualify as affordable housing 
for purposes of this Act only if— 
(1) each dwelling unit in the housing— 
(A) in the case of rental housing, is made available 
for occupancy only by a family that is a low-income family 
at the time of their initial occupancy of such unit; and 
(B) in the case of housing for homeownership, is made 
available for purchase only by a family that is a low-
income family at the time of purchase; and 
(2) except for housing assisted under section 202 of the 
United States Housing Act of 1937 (as in effect before" the 
date of the effectiveness of this Act), each dwelling unit in 
the housing will remain affordable, according to binding 
commitments satisfactory to the Secretary, for the remaining 
useful life of the property (as determined by the Secretary) 
without regard to the term of the mortgage or to transfer 
of ownership, or for such other period that the Secretary 
110 STAT. 4034 
PUBLIC LAW 104-330—OCT. 26, 1996 
determines is the longest feasible period of time consistent 
with sound economics and the purposes of this Act, except 
upon a foreclosiu*e by a lender (or upon other transfer in lieu 
of foreclosure) if such action— 
(A) recognizes any contractual or legal rights of public 
agencies, nonprofit sponsors, or others to take actions that 
would avoid termination of low-income affordability in the 
case of foreclosure or transfer in lieu of foreclosure; and 
(B) is not for the purpose of avoiding low-income afford-
ability restrictions, as determined by the Secretary. 
(b) 
EXCEPTION.—Notwithstanding 
subsection 
(a), 
housing 
assisted pursusint to section 201(b)(2) shall be considered affordable 
housing for purposes of this Act. 
25 use 4136. 
SEC. 206. CERTIFICATION OF COMPLIANCE WITH SUBSIDY LAYERING 
REQUIREMENTS. 
With respect to housing assisted with grant amoimts provided 
under this Act, the requirements of section 102(d) of the Department 
of Housing and Urban Development Reform Act of 1989 shall be 
considered to be satisfied upon certification by the Secretary that 
the combination of Federal assistance provided to suiy housing 
E
roject is not any more than is necessary to provide affordable 
ousing, 
25 use 4137. 
SEC. 207. LEASE REQUIREMENTS AND TENANT SELECTION. 
(a) LEASES.—Except to the extent otherwise provided by or 
inconsistent with tribal law, in renting dwelling units in affordable 
housing assisted with grant amounts provided under this Act, the 
owner or manager of the housing shall utilize leases that— 
(1) do not contain unreasonable terms and conditions; 
(2) require the owner or manager to maintain the housing 
in compliance with applicable housing codes and quality stand-
ards; 
(3) require the owner or manager to give adequate written 
notice of termination of the lease, which shall be the period 
of time required under State, tribal, or local law; 
(4) specify that, with respect to any notice of eviction or 
termination, notwithstanding any State, tribal, or local law, 
a resident shall be informed of the opportimity, prior to any 
hearing or trial, to examine any relevant documents, records, 
or regulations directly related to the eviction or termination; 
(5) require that the owner or manager may not terminate 
the tenancy, during the term of the lease, except for serious 
or repeated violation of the terms or conditions of the lease, 
violation of applicable Federal, State, tribal, or local law, or 
for other good cause; and 
(6) provide that the owner or manager may terminate 
the tenancy of a resident for any activity, engaged in by the 
resident, any member of the household of the resident, or 
any guest or other person under the control of the resident, 
that— 
(A) threatens the health or safety of, or right to 
peacefiiil enjo)rment of the premises by, other residents 
or employees of the owner or manager of the housing; 
(B) threatens the health or safety of, or right to peace-
ful enjo3anent of their premises by, persons residmg in 
the immediate vicinity of the premises; or 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4035 
(C) is criminal activity (including drug-related criminal 
activity) on or off the premises. 
(b) TENANT SELECTION.—The owner or manager of affordable 
rental housing assisted with grant amounts provided under this 
Act shall adopt and utilize written tenant selection policies and 
criteria that— 
(1) are consistent with the purpose of providing housing 
for low-income families; 
(2) are reasonably related to program eligibility and the 
ability of the applicant to perform the obligations of the lease; 
and 
(3) provide for— 
(A) the selection of tenants from a written waiting 
list in accordance with the policies and goals set forth 
in the Indian housing plan for the tribe that is the grant 
beneficiary of such grant amounts; and 
(B) the prompt notification in writing of any rejected 
applicant of the grounds for any rejection. 
SEC. 208. AVAILABILITY OF RECORDS. 
25 USC 4138. 
(a) PROVISION OF INFORMATION.—Notwithstanding any other 
provision of law, except as provided in paragraph (2), the National 
Crime Information Center, police departments, and other law 
enforcement agencies shall, upon request, provide information to 
Indian tribes or tribally designated housing entities regarding the 
criminal conviction records of adult applicants for, or tenants of, 
housing assisted with grant amounts provided to such tribe or 
entity under this Act for purposes of applicsint screening, lease 
enforcement, and eviction. 
(b) EXCEPTION.—^A law enforcement agency described in para-
graph (1) shall provide information imder this paragraph relating 
to any criminal conviction of a juvenile only to the extent that 
the release of such information is authorized under the law of 
the applicable State, tribe, or locsJity. 
(c) CONFIDENTIALITY.—An Indian tribe or tribally designated 
housing entity receiving information under this section may use 
such information only for the purposes provided in this section 
and such information may not be disclosed to any person who 
is not an officer, employee, or authorized representative of the 
tribe or entity or the owner of housing assisted under this Act, 
and who has a job-related need to have access to the information 
for the purposes under this section. For judicial eviction proceedings, 
disclosures may be made to the extent necessary. The Secretary Regulations, 
shall, by regulation, establish procedures necessary to ensure that Procedures, 
information provided imder this section to any tribe or entity is 
used, and confidentiality is maintained, as required imder this 
section. 
SEC. 209. REPAYMENT. 
25 USC 4139. 
If a recipient uses grant amounts to provide affordable housing 
under activities under this title and, at £iny time during the useful 
life of the housing the housing does not comply with the requirement 
under section 205(2), the Secretary shall reduce fiiture grant pay-
ments on behalf of the grant beneficiary by an amount equal to 
the grant amounts used for such housing (under the authority 
under section 401(a)(2)) or require repayment to the Secretary 
of an amount equal to such grant amounts. 
110 STAT. 4036 
PUBLIC LAW 104-330—OCT. 26, 1996 
25 use 4140. 
SEC. 210. CONTINUED USE OF AMOUNTS FOR AFFORDABLE HOUSING. 
Any funds for programs for low-income housing under the 
United States Housing Act of 1937 that, on the date of the 
applicabihty of this Act to an Indian tribe, are owned by, or in 
the possession or under the control of, the Indian housing authority 
for the tribe, including all reserves not otherwise obligated, shall 
be considered assistance under this Act and subject to the provisions 
of this Act relating to use of such assistance. 
TITLE III—ALLOCATION OF GRANT 
AMOUNTS 
25 use 4151. 
SEC. 301. ANNUAL ALLOCATION. 
For each fiscal year, the Secretary shall allocate any amounts 
made available for assistance under this Act for the fiscal year, 
in accordance with the formula established pursuant to section 
302, among Indian tribes that comply with the requirements under 
this Act for a grant under this Act. 
25 use 4152. 
SEC. 302. ALLOCATION FORMULA. 
Regulations. 
(a) ESTABLISHMENT.—The Secretary shall, by regulations issued 
not later than the expiration of the 12-montn period beginning 
on the date of the enactment of this Act, in the manner provided 
under section 106, establish a formula to provide for allocating 
amounts available for a fiscal year for block grants under this 
Act among Indian tribes in accordance with the requirements of 
this section. 
(b) FACTORS FOR DETERMINATION OF NEED.—The formula shall 
be based on factors that reflect the need of the Indian tribes 
and the Indian areas of the tribes for assistance for affordable 
housing activities, including the following factors: 
(1) The number of low-income housing dwelling units owned 
or operated at the time pursuant to a contract between an 
Indian housing authority for the tribe and the Secretary. 
(2) The extent of poverty and economic distress and the 
number of Indian families within Indian areas of the tribe. 
(3) Other 
objectively 
measurable 
conditions 
as 
the 
Secretary and the Indian tribes may specify. 
(c) OTHER FACTORS FOR CONSIDERATION.—In establishing the 
formula, the Secretary shall consider— 
(1) the relative administrative capacities and other chal-
lenges faced by the recipient, including, but not limited to 
geographic distribution within the Indian area and technical 
capacity; eind 
(2) the extent to which terminations of assistance under 
title V will affect funding available to State recognized tribes. 
(d) 
FUNDING 
FOR 
PUBLIC 
HOUSING 
OPERATION 
AND 
MODERNIZATION.— 
(1) FULL FUNDING.—The formula shall provide that, if, 
in any fiscal year, the totpl amount made available for assist-
ance under this Act is equal to or greater than the total amount 
made available for fiscal year 1996 for assistance for the oper-
ation and modernization of public housing developed or 
operated pursuant to a contract between the Secretary and 
an Indian housing authority pursu£int to the United States 
Housing Act of 1937, the amount provided for such fiscal year 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4037 
for each Indian tribe for which such operating or modernization 
assistance was provided for fiscal year 1996 shall not be less 
than the total amount of such operating and modernization 
assistance provided for fiscal year 1996 for such tribe. 
(2) PARTIAL FUNDING.—The formula shall provide that, if, 
in any fiscsil yezir, the total amount made available for 
assistance under this Act is less than the total amount made 
available for fiscal year 1996 for assistance for the operation 
and modernization of public housing developed or operated 
pursuant to a contract between the Secretary and an Indian 
housing authority pursuant to the United States Housing Act 
of 1937, the amount provided for such fiscal year for each 
Indian tribe for which such operating or modernization assist-
ance was provided for fiscal year 1996 shall not be less than 
the amount that bears the same ratio to the total amount 
available for assistcince under this Act for such fiscal year 
that the amount of operating and modernization assistance 
provided for the tribe for fiscal year 1996 bears to the total 
amount made available for fiscal year 1996 for assistance for 
the operation and modernization of such public housing, 
(e) EFFECTIVE DATE.—This section shall take effect on the 
date of the enactment of this Act. 
TITLE IV—COMPLIANCE, AUDITS, AND 
REPORTS 
SEC. 401. REMEDIES FOR NONCOMPLIANCE. 
25USC4161. 
(a) 
ACTIONS BY SECRETARY AFFECTING GRANT AMOUNTS.— 
Except as provided in subsection (b), if the Secretary finds sifter 
reasonable notice and opportunity for hearing that a recipient of 
assistance under this Act has failed to comply substantially with 
any provision of this Act, the Secretary shall— 
(1) terminate payments under this Act to the recipient; 
(2) reduce pajonents under this Act to the recipient by 
an amount equal to the amount of such payments that were 
not expended in accordance with this Act; 
(3) limit the availability of payments under this Act to 
programs, projects, or activities not affected by such failure 
to comply; or 
(4) in the case of noncompliance described in section 402(b), 
provide a replacement tribally designated housing entity for 
the recipient, under section 402. 
If the Secretary takes an action under paragraph (1), (2), or (3), 
the Secretary shall continue such action until the Secretary deter-
mines that the failure to comply has ceased. 
(b) NONCOMPLIANCE BECAUSE OF TECHNICAL INCAPACITY.—If 
the Secretary makes a finding under subsection (a), but determines 
that the failure to comply substantially with the provisions of 
this Act— 
(1) is not a pattern or practice of activities constituting 
willful noncompligince, and 
(2) is a result of the limited capability or capacity of the 
recipient, 
the Secretary may provide technical assistance for the recipient 
(directly or indirectly) that is designed to increase the capability 
and capacity of the recipient to administer assistance provided 
110 STAT. 4038 
PUBLIC LAW 104-330—OCT. 26, 1996 
under this Act in compliance with the requirements under this 
Act. 
(c) REFERRAL FOR CIVIL ACTION.— 
(1) AUTHORITY.—In Keu of, or in addition to, any action 
authorized by subsection (a), if the Secretary has reason to 
beUeve that a recipient has failed to comply subst£intially with 
any provision of this Act, the Secretary may refer the matter 
to the Attorney General of the United States with 
a 
recommendation that an appropriate civil action be instituted. 
(2) CIVIL ACTION.—Upon such a referral, the Attorney 
General may bring a civil action in any United States district 
court having venue thereof for such relief as may be 
appropriate, including an action to recover the amount of the 
assistance furnished under this Act that was not expended 
in accordance with it, or for mandatory or injunctive relief. 
(d) REVIEW.— 
(1) IN GENERAL.—^Aay recipient who receives notice under 
subsection (a) of the termination, reduction, or limitation of 
payments under this Act— 
(A) may, not later than 60 days after receiving such 
notice, file with the United States Court of Appeals for 
the circuit in which such State is located, or in the United 
States Court of Appeals for the District of Columbia, a 
petition for review of the action of the Secretary; and 
(B) upon the filing of any petition under subparagraph 
(A), shall forthwith transmit copies of the petition to the 
Secretary and the Attorney General of the United States, 
who shall represent the Secretary in the litigation. 
Records. 
(2) PROCEDURE.—^The Secretary shall file in the court a 
record of the proceeding on which the Secretary based the 
action, as provided in section 2112 of title 28, United States 
Code. No objection to the action of the Secretary shall be 
considered by the court unless such objection has been urged 
before the Secretary. 
(3) DISPOSITION.— 
(A) COURT PROCEEDINGS.—The court shall have juris-
diction to affirm or modify the action of the Secretary 
or to set it aside in whole or in part. The findings of 
fact by the Secretary, if supported by substantial evidence 
on the record considered as a whole, shall be conclusive. 
The court may order additional evidence to be taken by 
the Secretary, and to be made part of the record. 
(B) SECRETARY.—The Secretary— 
(i) may modify the findings of fact of the Secretary, 
or make new findings, by reason of the new evidence 
so taken and filed with the court; and 
(ii) shall 
file-
C
D such modified or new findings, which find-
ings with respect to questions of fact shall be 
conclusive if supported by substantial evidence on 
the record considered as a whole; and 
(II) the recommendation of the Secretary, if 
any, for the modification or setting aside of the 
original action of the Secretary. 
(4) FINALITY.—Upon the filing of the record with the court, 
the jurisdiction of the court shall be exclusive and its judgment 
shall be final, except that such judgment shall be subject to 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4039 
review by the Supreme Court of the United States upon writ 
of certiorari or certification as provided in section 1254 of 
title 28, United State Code. 
SEC. 402. REPLACEMENT OF RECIPIENT. 
25 USC 4162. 
(a) AUTHORITY.—^As a condition of the Secretary making a 
grant under this Act on behalf of an Indian tribe, the tribe shall 
agree that, notwithstanding any other provision of law, the 
Secretary may, only in the circumstances set forth in subsection 
(b), require that a replacement tribally designated housing entity 
serve as the recipient for the tribe, in accordance with subsection 
(0. 
(b) CONDITIONS OF REMOVAL.—The Secretary may require such 
replacement tribally designated housing entity for a tribe only 
upon a determination by the Secretary on the record after oppor-
tunity for a hearing that the recipient for the tribe has engagjBd 
in a pattern or practice of activities that constitutes substantial 
or willful noncompliance with the requirements under this Act. 
(c) 
CHOICE AND TERM OF REPLACEMENT.—If the 
Secretary 
requires that a replacement tribally designated housing entity serve 
as the recipient for a tribe (or tribes)— 
(1) the replacement entity shall be an entity mutually 
agreed upon by the Secretary and the tribe (or tribes) for 
vmich the recipient was authorized to act, except that if no 
such entity is agreed upon before the expiration of the 60-
day period beginning upon the date that the Secretary makes 
the determination under subsection (b), the Secretary shall 
act as the replacement entity until agreement is reached upon 
a replacement entity; and 
(2) the replacement entity (or the Secretary, as provided 
in paragraph (1)) shall act as the tribally designated housing 
entity for the tribe (or tribes) for a period that expires upon— 
(A) a date certain, which shall be specified by the 
Secretary upon making the determination under subsection 
(b); or 
(B) the occurrence of specific conditions, which condi- Notification, 
tions shall be specified in written notice provided by the 
Secretary to the tribe upon making the determination 
under subsection (b). 
SEC. 403. MONITORING OF COMPLIANCE. 
25 USC 4163. 
(a) ENFORCEABLE AGREEMENTS.—-Each recipient, through bind-
ing contractual agreements with owners and otherwise, shafl ensure 
long-term compliance with the provisions of this Act. Such measures 
shall provide for (1) enforcement of the provisions of this Act by 
the grant beneficiary or by recipients and other intended bene-
ficiaries, and (2) remedies for the breach of such provisions. 
(b) PERIODIC MONITORING.—Not less frequently than annually, 
each recipient shall review the activities conducted and housing 
assisted under this Act to assess compliance with the requirements 
of this Act. Such review shall include onsite inspection of housing 
to determine compliance with applicable requirements. The results Public 
of each review shall be included in the performance report of the information, 
recipient submitted to the Secretary imder section 404 and made 
available to the public. 
(c) PERFORMANCE MEASURES.—The Secretary shall establish 
such performance measures as mav be necessary to assess compU-
ance with the requirements of this Act. 
110 STAT. 4040 
PUBLIC LAW 104-330—OCT. 26, 1996 
25 use 4164. 
SEC. 404. PERFORMANCE REPORTS. 
(a) REQUIREMENT.—For each fiscal year, each recipient shall— 
(1) review the progress it has made during such fiscal 
year in canying out the Indian housing plan (or plans) for 
the Indian tribes for which it administers grant amounts; and 
(2) submit a report to the Secretary (in a form acceptable 
to the Secretary) describing the conclusions of the review. 
(b) CONTENT.—Each report under this section for a fiscal year 
shall— 
(1) describe the use of grant amoimts provided to the 
recipient for such fiscal year; 
(2) assess the relationship of such use to the goals identified 
in the Indian housing plan of the grant beneficiary; 
(3) indicate the programmatic accomplishments of the 
recipient; and 
(4) describe the manner in which the recipient would 
change its programs as a result of its experiences. 
(c) SUBMISSION.—The Secretary shall estabhsh dates for 
submission of reports under this section, and review such reports 
and make such recommendations as the Secretary considers appro-
priate to carry out the purposes of this Act. 
(d) PUBLIC AVAILABILITY.—^A recipient preparing a report under 
this section shall make the report publicly available to the citizens 
in the jurisdiction of the recipient in sufficient time to permit 
such citizens to comment on such report prior to its submission 
to the Secretary, and in such manner and at such times as the 
recipient may determine. The report shall include a summan?^ of 
any comments received by the grant beneficiary or recipient from 
citizens in its jurisdiction regarding its program. 
25 use 4165. 
SEC. 405. REVIEW AND AUDIT BY SECRETARY. 
(a) ANNUAL REVIEW.—The Secretary shall, not less than on 
an annual basis, make such reviews and audits as may be necessary 
or appropriate to determine— 
(1) whether the recipient has carried out its eligible activi-
ties in a timely manner, has carried out its eligible activities 
and certifications in accordance with the requirements and 
the primary objectives of this Act and with other applicable 
laws, and has a continuing capacity to carry out those activities 
in a timely manner; 
(2) whether the recipient has complied with the Indian 
housing plan of the grant beneficiary; and 
(3) whether the performance reports under section 404 
of the recipient are accurate. 
Reviews under this section shall include, insofar as practicable, 
onsite visits by employees of the Department of Housing and Urban 
Development. 
(b) REPORT BY SECRETARY.—The Secretary shall give a recipient 
not less than 30 days to review and comment on a report under 
Public 
this subsection. After taking into consideration the comments of 
information. 
the recipient, the Secretary may revise the report and shall make 
the comments of the recipient and the report, with any revisions, 
readily available to the public not later than 30 days after receipt 
of the comments of the recipient. 
(c) EFFECT OF REVIEWS.—The Secretary may make appropriate 
adjustments in the amount of the annual grgints under this Act 
in accordance with the findings of the Secretary pursuant to reviews 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4041 
and audits under this section. The Secretary may adjust, reduce, 
or withdraw grant amounts, or take other action as appropriate 
in accordance with the reviews and audits of the Secretary under 
this section, except that grant amounts already expended on afford-
able housing activities may not be recaptured or deducted from 
future assistance provided on behalf of an Indian tribe. 
SEC. 406. GAO AUDITS. 
25 USC 4166. 
To the extent that the fineincial transactions of Indian tribes 
and recipients of grant amounts imder this Act relate to amounts 
provided under this Act, such transactions may be audited by 
the Comptroller General of the United States under such rules 
and regulations as may be prescribed by the Comptroller General. 
The representatives of the General Accounting Office shall have 
access to all books, accounts, records, reports, files, and other 
papers, things, or property belonging to or in use by such tribes 
and recipients pertaining to such financial transactions and 
necessary to facilitate the audit. 
SEC. 407. REPORTS TO CONGRESS. 
25 USC 4167. 
(a) IN GENERAL.—Not later than 90 days after the conclusion 
of each fiscal year in which assistance under this Act is made 
available, the Secretary shall submit to the Congress a report 
that contains— 
(1) a description of the progress made in accomplishing 
the objectives of this Act; 
(2) a summary of the use of funds available under this 
Act during the preceding fiscal year; and 
(3) a description of the aggregate outstanding loan 
guarantees under title VI. 
(b) RELATED REPORTS.—The Secretary may require recipients 
of grant amounts under this Act to submit to the Secretary such 
reports and other information as may be necessary in order for 
the Secretary to make the report required by subsection (a). 
TITLE V—TERMEVATION OF ASSIST-
ANCE FOR INDIAN TRIBES UNDER 
INCORPORATED PROGRAMS 
SEC. 501. REPEAL OF PROVISIONS RELATING TO INDIAN HOUSING 
ASSISTANCE UNDER UNITED STATES HOUSING ACT OF 
1937. 
(a) REPEAL OF TITLE II.—Title II of the United States Housing 
Act of 1937 (42 U.S.C 1437aa et seq.) is hereby repealed. 
(b) AMENDMENTS TO TITLE I.—Title I of the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended— 
(1) in section 3(b)— 
42 USC 1437a. 
(A)in paragraph (5)— 
(i) in subparagraph (F) by inserting "and" after 
the semicolon at the end; 
(ii) by striking subparagraph (G); and 
(iii) by redesignating subparagraph (H) as subpara-
graph (G); 
(B) in paragraph (6), by striking the last sentence; 
(C) in paragraph (7)— 
110 STAT. 4042 
PUBLIC LAW 104-330—OCT. 26, 1996 
(i) by inserting "and" before "the Trust"; and 
(ii) by striking ", and Indian tribes"; and 
(D) by striking paragraphs (9), (10), (11), and (12); 
42 use 1437c. 
(2) in section 5— 
(A) in subsection (j)(l), by striking "(other than for 
Indian famihes)"; and 
(B) by striking subsection (1); 
42USCl437d. 
(3) in section 6(bXl), by striking "and pubhc housing for 
Indians and Alaska Natives in accordance with the Indian 
Housing Act of 1988"; 
42 use I437e. 
(4) in subsection 7, by striking subsection (1); 
42 use I437g. 
(5) in section 9(a)(1)(A), in the second sentence— 
(A) by inserting "and" after the comma at the end 
of clause (i); and 
(B) by striking ", and (iii)" and all that follows through 
"project is occupied"; 
42 use 1437/. 
(6) in section 14— 
(A) in the section heading, by striking "AND INDIAN"; 
(B) in subsection (e)(1)(E)— 
(i) in the matter preceding clause (i), by striking 
"(or Indian tribal official, if appropriate)"; 
(ii) in clause (i)— 
(I) by striking "(or Indian tribal officials)"; and 
(II) by striking "(or tenants of the Indian hous-
ing projects)"; and 
(iii) in clause (ii), by striking "(or Indian tribe)"; 
42 use I437n. 
(7) in section 16— 
(A) in subsection (d)— 
(i) by striking the paragraph designation for para-
graph (1); and 
(ii) by striking paragraph (2); and 
(B) in subsection (e), by striking paragraph (3); 
42 use 1437u. 
(8) in section 23(o), by striking paragraph (2); 
42Usei437v. 
(9) in section 24(h)(3), by striking ", except that it does 
not include any Indian housing authority"; 
42 use I437w. 
(10) in section 25(m)(4), by striking ", except that it does 
not include Indian housing authorities"; and 
42 use I437x. 
(11) in section 26, in subsections (a)(1) and (b), by striking 
"(including an Indian housing authority)" each place it appears. 
(c) AMENDMENTS TO TITLE III.—Title III of the United States 
Housing Act of 1937 (42 U.S.C. 1437aaa et seq.) is amended— 
(1) by striking the heading for the title and inserting the 
following: 
^*TITLE III—HOPE FOR PUBLIC 
HOUSING HOMEOWNERSHIP"; 
42 use 
1437aaa-5. 
42 use 
1437aaa-«. 
(2) in section 306— 
(A) in paragraph (1)(A), by striking "(including an 
Indian housing authority)"; and 
(B) in paragraph (2)(A), by striking "or Indian"; and 
(3) in section 307, by striking "and title II". 
(d) OTHER RELATED PROVISIONS.— 
(1) INDIAN HOUSING CHILD DEVELOPMENT.—Section 519 of 
the Cranston-Gonzalez National Affordable Housing Act (12 
U.S.C. 1701z-6 note) is hereby repealed. 
^) 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4043 
(2) PUBLIC HOUSING YOUTH SPORTS.—Section 520 of the 
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
11903a) is amended— 
. (A) in subsection (b)— 
(i) in paragraph (5), by inserting "and" after the 
semicolon at the end; 
(ii) by striking paragraphs (6) and (7); and 
(iii) by redesignating paragraph (8) as para-
raph(6); 
CB) in subsection (e)(2), by striking "Indian tribes,"; 
(C) in subsection (i)— 
(i) by striking paragraph (1); and 
(ii) by redesignating paragraphs (2) through (7) 
as paragraphs (1) througn (6), respectively; and 
(D) in subsection (1)(5)(B), by striking "units of general 
local government, and Indian housing authorities" and 
insertmg "and Indian housing authorities". 
(3) ALLOCATION OF FUNDS.—Section 213(d)(l)(B)(ii) of the 
Housing and Commimity Development Act of 1974 (42 U.S.C. 
1439) is amended by striking "and Indian". 
SEC. 502. TERMINATION OF INDIAN HOUSING ASSISTANCE UNDER 
25 USC 4181. 
UNITED STATES HOUSING ACT OF 1937. 
(a) TERMINATION OF ASSISTANCE.—After September 30, 1997, 
financial assistsince may not be provided under the United States 
Housing Act of 1937 or pursuant to any commitment entered into 
under such Act, for Indian housing developed or operated pursuant 
to a contract between the Secretary and an Indian housing 
authority, unless such assistance is provided from amounts made 
available for fiscal year 1997 and pursuant to a commitment entered 
into before September 30,1997. 
(b) 
TERMINATION 
OF RESTRICTIONS 
ON USE OF INDIAN 
HOUSING.—^After September 30, 1997, any housing developed or 
operated pursuant to a contract between the Secretary and an 
Indian housing authority pursuant to the United States Housing 
Act of 1937 shall not be subject to any provision of such Act 
or any annual contributions contract or other agreement pursuant 
to such Act, but shall be considered and maintained as affordable 
housing for purposes of this Act. 
SEC. 503. TERMINATION OF NEW COMMITMENTS FOR RENTAL 
25 USC 4182. 
ASSISTANCE. 
After September 30, 1997, financial assistance for rental hous-
ing assistance imder the United States Housing Act of 1937 may 
not be provided to any Indian housing authority or tribally des-
ignated housing entity, unless such assistance is provided pursuant 
to a contract for such assistance entered into by the Secretary 
and the Indian housing authority before such date. Any such assist-
since provided pursuant to such a contract shall be governed by 
the provisions of the United States Housing Act of 1937 (as in 
effect before the date of the effectiveness of this Act) and the 
provisions of such contract. 
SEC. 504. TERMINATION OF YOUTHBUILD PROGRAM ASSISTANCE. 
(a) IN GENERAL.—Subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12899 et 
seq.) is amended— 
(1) by redesignating section 460 as section 461; and 
42 use 128991. 
110 STAT. 4044 
PUBLIC LAW 104-330—OCT. 26, 1996 
42 use 
12899h-l. 
42 use 
12899h-l note. 
42 use 12747. 
42 use 12838. 
42 use 12747 
note. 
42 use 11371. 
42 use 11372. 
42 use 11373. 
42 use 11374. 
42 use 11375. 
42 use 11376. 
42 use 11382. 
42 use 11401. 
(2) by inserting after section 459 the following new section: 
"SEC. 460. INELIGIBILITY OF INDIAN TRIBES. 
"Indian tribes, Indian housing authorities, and other agencies 
primarily serving Indians or Indian areas shall not be eligible 
applicants for amounts made available for assistance under this 
subtitle for fiscal year 1997 and fiscal years thereafl;er.". 
(b) APPLICABILITY.—The amendments under subsection (a) shall 
apply with respect to amounts made available for assistance under 
subtitle D of title II of the Cranston-Gonzalez National Affordable 
Housing Act for fiscal year 1998 and fiscal years thereafi;er. 
SEC. 505. TERMINATION OF HOME PROGRAM ASSISTANCE. 
(a) IN GENERAL.—Title II of the Cranston-Gonzalez National 
Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended— 
(1) in section 217(a)— 
(A) in paragraph (1), by striking "reserving amounts 
under paragraph (2) for Indian tribes and after"; and 
(B) by striking paragraph (2); and 
(2) in section 288— 
(A) in subsection (a), by striking ", Indian tribes,"; 
(B) in subsection (b), by striking ", Indian tribe,"; and 
(C) in subsection (c)(4), by str3dng ", Indian tribe,". 
(b) APPLICABILITY.—The amendments under subsection (a) shall 
apply with respect to amounts made available for assistance under 
title II of the Cranston-Gonzalez National Affordable Housing Act 
for fiscal year 1998 and fiscal years thereafter. 
SEC. 
506. TERMINATION OF HOUSING ASSISTANCE FOR THE 
HOMELESS. 
(a) McKiNNEY ACT PROGRAMS.—Title IV of the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C, 11361 et seq.) is 
amended— 
(1) in section 411, by striking paragraph (10); 
(2) in section 412, by striking ", and for Indian tribes,"; 
(3) in section 413— 
(A) in subsection (a)— 
(i) by striking ", and to Indian tribes,"; and 
(ii) by striking ", or for Indian tribes" each place 
it appears; 
(B) 
in 
subsection 
(c), 
by 
striking 
"or 
Indian 
tribe"; and 
(C) in subsection (d)(3)— 
(i) by striking ", or Indian tribe" each place it 
appears; and 
(ii) by striking ", or other Indian tribes,"; 
(4) in section 414(a)— 
(A) by striking "or Indian tribe" each place it 
appears; and 
(B) by striking ", local government," each place it 
appears and inserting "or local government"; 
(5) in section 415(c)(4), by striking "Indian tribes,"; 
(6) in section 416(b), by striking "Indian tribe,"; 
(7) in section 422— 
(A) by striking "Indian tribe,"; and 
(B) by striking paragraph (3); 
(8) in section 441— 
(A) by striking subsection (g); 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4045 
42 use 11403g. 
(B) in subsection (h), by striking "or Indian housing 
authority"; and 
(C) in subsection (j)(l), by striking ", Indian housing 
authority"; 
(9) in section 462— 
(A) in paragraph (2), by striking ", Indian tribe,"; and 
(B) by striking paragraph (4); and 
(10) in section 491(e), by striking ", Indian tribes (as such 42 use 11408 
term is defined in section 102(a) of the Housing and Community 
Development Act of 1974),". 
(b) INNOVATIVE HOMELESS DEMONSTRATION.—Section 2(b) of 
the HUD Demonstration Act of 1993 (42 U.S.C. 11301 note) is 
amended— 
(1) in paragraph (3), by striking "'unit of general local 
government', and 'Indian tribe'" and inserting "and 'unit of 
general local government'"; and 
(2) in paragraph (4), by striking "unit of general local 
government (including units in rural areas), or Indian tribe" 
and inserting "or unit of general local government". 
(c) APPLICABILITY.—The amendments under subsections (a) £ind 
(b) shall apply with respect to amounts made available for assist-
gince under title IV of the Steweirt B. McKinney Homeless Assistance 
Act and section 2 of the HUD Demonstration Act of 1993, respec-
tively, for fiscal year 1998 and fiscgd years thereafter. 
42 use 11371 
note. 
SEC. 507. SAVINGS PROVISION. 
(a) 
EXISTING RIGHTS AND DUTIES.—Except as provided 
in 
sections 502 and 503, this Act may not be construed to affect 
the validity of any right, duty, or obligation of the United States 
or other person arising imder or pursuant to any commitment 
or agreement lawfully entered into before October 1, 1997, under 
the United States Housing Act of 1937, subtitle D of title IV 
of the Cranston-Gonzalez National Affordable Housing Act, title 
II of the Cranston-Gonzalez National Affordable Housing Act, title 
rV of the Stewart B. McKinney Homeless Assisteince Act, or section 
2 of the HUD Demonstration Act of 1993. 
(b) OBLIGATIONS UNDER REPEALED PROVISIONS.—Notwithstand-
ing the amendments made by this title, any obligation of the 
Secretary made under or pursueint to subtitle D of title IV of 
the Cranston-Gonzalez National Affordable Housing Act, title II 
of the Cranston-Gonzalez National Affordable Housing Act, title 
rV of the Stewart B. McKinney Homeless Assistance Act, or section 
2 of the HUD Demonstration Act of 1993 shall continue to be 
governed by the provisions of such Acts (as in effect before the 
date of the effectiveness of the amendments made by this title). 
SEC. 508. EFFECTIVE DATE. 
Sections 502, 503, and 507 shall take effect on the date of 
the enactment of this Act. 
25 use 4183. 
25 use 4181 
note. 
110 STAT. 4046 
PUBLIC LAW 104-330—OCT. 26, 1996 
TITLE VI—FEDERAL GUARANTEES FOR 
FINANCING FOR TRIBAL HOUSING 
ACTIVITIES 
25 use 4191. 
SEC. 601. AUTHORITY AND REQUIREMENTS. 
(a) AUTHORITY.—To such extent or in such amounts as provided 
in appropriations Acts, the Secretary may, subject to the Hmitations 
of this title (including limitations designed to protect and maintain 
the viability of rental housing imits owned or operated by the 
recipient that were developed under a contract between the 
Secretary and an Indian housing authority pursuant to the United 
States Housing Act of 1937), £ind upon such terms and conditions 
as the Secretary may prescribe, guarantee £ind make commitments 
to guarantee, the notes or other obligations issued by Indiein tribes 
or tribally designated housing entities with tribal approval, for 
the purposes of financing affordable housing activities described 
in section 202. 
(b) LACK OF FINANCING ELSEWHERE.—A guarantee under this 
title may be used to assist an Indian tribe or housing entity in 
obtaining financing only if the Indian tribe or housing entity has 
made efforts to obtain such financing without the use of such 
guarantee and cannot complete such financing consistent with the 
timely execution of the program plans without such guarantee. 
(c) TERMS OF LOANS.—Notes or other obligations guaranteed 
pursusmt to this title shall be in such form and denominations, 
have such maturities, and be subject to such conditions as may 
be prescribed by regulations issued by the Secretary. The Secretary 
may not deny a guarantee under this title on the basis of the 
proposed repa3anent period for the note or other obligation, unless 
the period is more than 20 years or the Secretary determines 
that the period causes the guarantee to constitute an unacceptable 
financial risk. 
(d) LIMITATION ON OUTSTANDING GUARANTEES.—NO guarantee 
or commitment to guarantee shall be made with respect to any 
note or other obligation if the total outstanding notes or obligations 
of the issuer guaranteed imder this title (excluding any amount 
defeased under the contract entered into under section 602(a)(1)) 
would thereby exceed an amount equal to 5 times the amount 
of the grant approval for the issuer pursuant to title III. 
25 use 4192. 
SEC. 602. SECURITY AND REPAYMENT. 
(a) REQUIREMENTS ON ISSUER.—To assure the repayment of 
notes or other obligations and charges incurred under this title 
and as a condition for receiving such guarantees, the Secretary 
shall require the Indian tribe or housing entity issuing such notes 
or obligations to— 
Contracts. 
(1) enter into a contract, in a form acceptable to the 
Secretary, for repayment of notes or other obligations guaran-
teed under this title; 
(2) pledge £iny grant for which the issuer may become 
eligible under this Act; 
(3) demonstrate that the extent of such issuance £ind 
guarantee under this title is within the financial capacity of 
the tribe and is not likely to impsiir the ability to use grant 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4047 
amounts 
under 
title 
I, 
taking 
into 
consideration 
the 
requirements under section 203(b); and 
(4) furnish, at the discretion of the Secretary, such other 
security as may be deemed appropriate by the Secretary in 
making such guarantees, including increments in local tax 
receipts generated by the activities assisted under this Act 
or disposition proceeds from the sale of land or rehabilitated 
property. 
(b) REPAYMENT FROM GRANT AMOUNTS.—Notwithstanding any 
other provision of this Act— 
(1) the Secretary may apply grants pledged pursuant to 
subsection (a)(2) to any repajonents due the United States 
as a result of such guarantees; and 
(2) grants allocated under this Act for an Indian tribe 
or housing entity (including program income derived therefrom) 
may be used to pay principal and interest due (including such 
servicing, underwriting, and other costs as may be specified 
in regulations issued by the Secretary) on notes or other obliga-
tions guaranteed pursuant to this title. 
(c) FULL FAITH AND CREDIT.—The full faith and credit of the 
United States is pledged to the payment of all guarantees made 
imder this title. Any such guarantee made by the Secretary shall 
be conclusive evidence of the eligibility of the obligations for such 
guarantee with respect to principal and interest, and the validity 
of any such guarantee so made shall be incontestable in the hands 
of a holder of the guaranteed obligations. 
SEC. 603. PAYMENT OF INTEREST. 
25 USC 4193. 
The Secretary may make, and contract to make, grants, in 
such amounts as may be approved in appropriations Acts, to or 
on behalf of an Indian tribe or housing entity issuing notes or 
other obligations guaranteed under this title, to cover not to exceed 
30 percent of the net interest cost (including such servicing, under-
writing, or other costs as may be specified in regulations of the 
Secretary) to the borrowing entity or agency of such obligations. 
The Secretary may also, to the extent approved in appropriations 
Acts, assist the issuer of a note or other obligation guaranteed 
under this title in the payment of all or a portion of the principal 
and interest amount due under the note or other obligation, if 
the Secretary determines that the issuer is unable to pay the 
amount because of circumstances of extreme hardship beyond the 
control of the issuer. 
SEC. 604. TRAINING AND INFORMATION. 
25 USC 4194. 
The Secretary, in cooperation with eligible public entities, shall 
carry out training and information activities with respect to the 
guarantee program under this title. 
SEC. 605. LIMITATIONS ON AMOUNT OF GUARANTEES. 
25 USC 4195. 
(a) AGGREGATE FISCAL YEAR LIMITATION.—Notwithstanding 
any other provision of law and subject only to the absence of 
qualified applicants or proposed activities and to the authority 
provided in this title, to the extent approved or provided in appro-
priations Acts, the Secretary may enter into commitments to 
guarantee notes and obligations under this title with an aggregate 
principal amount not to exceed $400,000,000 for each of fiscal 
years 1997, 1998, 1999, 2000, and 2001. 
29-194 O - 96 - 8 ; QL 3 Part 6 
110 STAT. 4048 
PUBLIC LAW 104-330—OCT. 26, 1996 
(b) AUTHORIZATION OF APPROPRIATIONS FOR CREDIT SUBSIDY.— 
There are authorized to be appropriated to cover the costs (as 
such term is defined in section 502 of the Congressional Budget 
Act of 1974) of guarantees xinder this title such sums as may 
be necessary for each of fiscal years 1997, 1998, 1999, 2000, and 
2001. 
(c) AGGREGATE OUTSTANDING LIMITATION.—The total amount 
of outstanding obligations guaranteed on a cumulative basis by 
the Secretary pursuant to this title shsdl not at £iny time exceed 
$2,000,000,000 or such higher amount as may be authorized to 
be appropriated for this title for any fiscal year. 
(d) FISCAL YEAR LIMITATIONS ON TRIBES.—The Secretary shall 
monitor the use of guarantees under this title by Indian tribes. 
If the Secretary finds that 50 percent of the aggregate guarantee 
authority under subsection (c) has been committed, the Secretary 
m a y -
CD impose Umitations on the amount of guarantees any 
one Indian tribe may receive in any fiscal year of $50,000,000; 
or 
(2) request the enactment of legislation increasing the 
aggregate outstanding limitation on guarantees under this title. 
25 use 4191 
SEC. 606. EFFECTIVE DATE. 
This title shfdl take effect on the date of the enactment of 
this Act. 
TITLE VII—OTHER HOUSING 
ASSISTANCE FOR NATIVE AMERICANS 
SEC. 701. LOAN GUARANTEES FOR INDIAN HOUSING. 
(a) DEFINITION OF ELIGIBLE BORROWERS TO INCLUDE INDIAN 
TRIBES.—Section 184 of the Housing and Community Development 
12 use 
Act of 1992 (12 U.S.C. 1515z-13a) is amended— 
1715z-13a. 
(1) in subsection (a)— 
(A) by striking "and Indian housing authorities" zind 
inserting ", Indian housing authorities, and Indian tribes,"; 
and 
(B) by striking "or Indian housing authority^' and 
inserting ", Indian housing authority, or Indian tribe"; and 
(2) in subsection (b)(1), by striking "or Indian housing 
authorities" and inserting ", Indian housing authorities, or 
Indian tribes". 
(b) NEED FOR LOAN GUARANTEE.—Section 184(a) of the Housing 
and Community Development Act of 1992 (12 U.S.C. 1715z-13a(a)) 
is amended by striking "trust Iguid" and inserting 'lands or as 
a result of a lack of access to private financial msirkets". 
(c) IHP REQUIREMENT.—Section 184(b)(2) of the Housing and 
Commimity Development Act of 1992 (12 U.S.C. 1715z-13a(b)(2)) 
is amended by inserting before the period at the end the following: 
"that is under the jurisdiction of an Indian tribe for which an 
Indian housing plan has been submitted and approved pursuant 
to sections 102 and 103 of the Native American Housing Assistance 
and Self-Determination Act of 1996 that provides for the use of 
loan guarantees under this section to provide affordable homeowner-
ship housing in such areas". 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4049 
(d) 
LENDER 
OPTION TO OBTAIN PAYMENT UPON 
DEFAULT 
WITHOUT 
FORECLOSURE.—Section 184(h) of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1715z-13a(h)) is 
amended— 
(1) in pgiragraph (1)(A)— 
(A) in the first sentence of clause (i), by striking "in 
a court of competent jurisdiction"; and 
(B) by striking clause (ii) £ind inserting the following: 
"(ii) No FORECLOSURE.—Without seeking fore-
closure (or in any case in which a foreclosure proceed-
ing initiated imder clause (i) continues for a period 
in excess of 1 year), the holder of the guarantee may 
submit to the Secretary a request to assign the obliga-
tion and security interest to the Secretary in return 
for payment of the claim under the guarantee. The 
Secretary may accept assignment of the loan if 
the Secretary determines that the assignment is in 
the best interests of the United States. Upon assign-
ment, the Secretary shall pay to the holder of the 
guarantee the pro rata portion of the amount guaran-
teed 
(as determined 
under 
subsection 
(e)). The 
Secretary shall be subrogated to the rights of the holder 
of the guarantee and the holder shall assign the obliga-
tion and security to the Secretary."; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraph (3) as paragraph (2). 
(e) LIMITATION OF MORTGAGEE AUTHORITY.—Section 184(h)(2) 
of the Housing and Community Development Act of 1992 (12 U.S.C. 
1715z-13a(h)(2)), as so redesignated by subsection (e)(3) of this 
section, is amended— 
(1) in the first sentence, by striking "tribal allotted or 
trust land," and inserting "restricted Indian land, the mortgagee 
or"; and 
(2) in the second sentence, by striking "Secretary" each 
place it appears, and inserting "mortgagee or the Secretary". 
(f) 
LIMITATION 
ON 
OUTSTANDING 
AGGREGATE 
PRINCIPAL 
AMOUNT.—Section 184(i)(5)(C) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)(C)) is amended 
by striking "1993" and all that follows through "such year" and 
inserting "1997, 1998, 1999, 2000, and 2001 with an aggregate 
outstanding principal amount note exceeding $400,000,000 for each 
such fiscal year". 
(g) 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
GUARANTEE 
FUND.—Section 
184(i)(7) 
of 
the 
Housing 
and 
Community 
Development Act of 1992 (12 U.S.C. 1715z-13a(i)(7)) is amended 
by striking "such sums" and all that follows through "1994" and 
inserting "such sums as may be necessary for each of fiscal years 
1997,1998, 1999, 2000, and 2001". 
(h) 
DEFINITIONS.—Section 
184(k) 
of 
the 
Housing 
and 
Commimity Development Act of 1992 (12 U.S.C. 1715z-13a(k)) is 
amended— 
(1) in paragraph (4), by inserting after "authority" the 
following: "or Indian tribe"; 
(2) in paragraph (5)— 
(A) by striking subparagraph (A) and inserting the 
following new subparagraph: 
110 STAT. 4050 
PUBLIC LAW 104-330—OCT. 26, 1996 
"(A) is authorized to engage in or assist in the develop-
ment or operation of— 
"(i) low-income housing for Indians; or 
"(ii) housing subject to the provisions of this sec-
tion; and"; and 
(B) by adding at the end the following: 
"The term includes tribally designated housing entities under 
the Native American Housing Assistance and Self-Determina-
tion Act of 1996."; and 
(3) by striking paragraph (8) and inserting the following 
new paragraph: 
"(8) TRIBE; INDIAN TRIBE.—The term 'tribe' or 'Indian tribe' 
means any Indian tribe, band, nation, or other organized group 
or community of Indians, including any Alaska Native village 
or regional or village corporation as defined in or established 
pursuant to the Alaska Native Claims Settlement Act, that 
is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their 
status as Indians pursuant to the Indian Self-Determination 
and Education Assistance Act of 1975.". 
(i) PRINCIPAL OBLIGATION AMOUNTS.—Section 184(b)(5)(C) of 
the Housing and Commimity Development Act of 1992 (12 U.S.C. 
1715z-13a(b)(5)(C)) is amended by striking clause (i) and inserting 
the following new clause: 
"(i) 97.75 percent of the appraised value of the 
property as of the date the loan is accepted for guaran-
tee (or 98.75 percent if the value of the property is 
$50,000 or less); and", 
(j) AVAILABILITY OF AMOUNTS.— 
(1) REQUIREMENT OF APPROPRIATIONS.—Section 184(i)(5) of 
the Housing and Community Development Act of 1992 (12 
U.S.C. 1715z-13a(i)(5)) is amended by striking subparagraph 
(A) and inserting the following: 
"(A) REQUIREMENT OF APPROPRIATIONS.—The authority 
of the Secretary to enter into commitments to guarantee 
loans under this section shall be effective for any fiscal 
year to the extent or in such amoimts as are or have 
been provided in appropriations Acts, without regard to 
the fiscal year for which such amounts were appropriated.". 
(2) COSTS.—Section 
184(i)(5)(B) of the Housing and 
Community Development Act of 1992 (12 U.S.C. 1715z-
13a(i)(5)(B)) is amended by adding at the end the following 
new sentence: "Any amounts appropriated pursuant to this 
subparagraph shall remain available until expended.". 
(k) GNMA AUTHORITY.—The first sentence of section 306(g)(1) 
of the Federal National Mortgage Association Charter Act (12 U.S.C. 
1721(g)(1)) is amended by inserting before the period at the end 
the following: "; or guaranteed under section 184 of the Housing 
and Community Development Act of 1992". 
25 use 4211. 
SEC. 702. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
LANDS FOR HOUSING PURPOSES. 
(a) AUTHORITY TO LEASE.—Notwithstanding any other provision 
of law, any trust or restricted Indian lands, whether tribally or 
individually owned, may be leased by the Indian owners, subject 
to the approval of the affected Indian tribe and the Secretary 
of the Interior, for housing development and residential purposes. 
PUBLIC LAW 104-330—OCT. 26, 1996 
110 STAT. 4051 
(b) TERM.—Each lease pursuant to subsection (a) shall be for 
a term not exceeding 50 years. 
(c) RULE OF CONSTRUCTION.—This section may not be construed 
to repeal, limit, or affect any authority to lease any trust or 
restricted Indian lands that— 
(1) is conferred by or pursuant to any other provision 
of law; or 
(2) provides for leases for £iny period exceeding 50 years. 
(d) SELF-IMPLEMENTATION.—This section is intended to be self-
implementing and shall not require the issuance of any rule, 
regulation, or order to take effect as provided in section 705. 
SEC. 703. TRAINING AND TECHNICAL ASSISTANCE. 
There are authorized to be appropriated for assistance for a 
national 
organization 
representing 
Native American 
housing 
interests for providing training and technical assistance to Indian 
housing authorities and tribally designated housing entities such 
sums as may be necessary for each of fiscal years 1997, 1998, 
1999, 2000, and 2001. 
SEC. 704. PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION ACT 
OF 1990. 
The Public and Assisted Housing Drug Elimination Act of 1990 
(42 U.S.C. 11901 et seq.) is amended— 
(1) in section 5123— 
(A) by striking "(including Indian Housing Authori-
ties)"; £ind 
(B) by inserting "tribally designated housing entities," 
before "and private"; and 
(2) in section 5124(a)(7)— 
(A) by inserting "or tribally designated housing entity" 
after "public housing agency"; and 
(B) by striking "public housing" after nonprofit; 
(3) in section 5125, by inserting "a tribally designated 
housing entity," after "resident management corporation,"; and 
(4) in section 5126— 
(A) in paragraph (4)— 
(i) in subparagraph (B), by striking "or" at the 
end; 
(ii) in subparagraph (C), by striking the period 
at the end and inserting "; or"; and 
(iii) by adding at the end the following new 
subparagraph: 
"(D) the Native American Housing Assistance and Self-
Determination Act."; and 
(B) by adding at the end the following new paragraph: 
"(5) TRIBALLY DESIGNATED HOUSING ENTITY.—The term 
'tribally designated housing entity has the meaning given such 
term in section 4 of the Native American Housing Assistance 
and Self-Determination Act of 1996.". 
25 use 4212. 
Appropriation 
authorization. 
42 use 11902. 
42 use 11903. 
42 use 11904. 
42 use 11905. 
110 STAT. 4052 
PUBLIC LAW 104-330—OCT. 26, 1996 
25 use 4211 
SEC. 705. EFFECTIVE DATE. 
This title £ind the amendments made by this title (but not 
including the amendments made by section 704) shall take effect 
on the date of the enactment of this Act. 
Approved October 26, 1996. 
LEGISLATIVE HISTORY—H.R. 3219: 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 28, considered and passed House. 
Oct. 3, considered and passed Senate.