Native American Housing Assistance and Self-Determination Reauthorization Act of 2008
PL 110-411 (H.R.2786), enacted 10/14/2008

122 STAT. 4319 
PUBLIC LAW 110–411—OCT. 14, 2008 
Public Law 110–411 
110th Congress 
An Act 
To reauthorize the programs for housing assistance for Native Americans. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Native Amer-
ican Housing Assistance and Self-Determination Reauthorization 
Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Congressional findings. 
Sec. 3. 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. Regulations. 
TITLE II—AFFORDABLE HOUSING ACTIVITIES 
Sec. 201. National objectives and eligible families. 
Sec. 202. Eligible affordable housing activities. 
Sec. 203. Program requirements. 
Sec. 204. Low-income requirement and income targeting. 
Sec. 205. Availability of records. 
Sec. 206. Self-determined housing activities for tribal communities program. 
TITLE III—ALLOCATION OF GRANT AMOUNTS 
Sec. 301. Allocation formula. 
TITLE IV—COMPLIANCE, AUDITS, AND REPORTS 
Sec. 401. Remedies for noncompliance. 
Sec. 402. Monitoring of compliance. 
Sec. 403. Performance reports. 
TITLE V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER 
INCORPORATED PROGRAMS 
Sec. 501. Effect on Home Investment Partnerships Act. 
TITLE VI—GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND 
ECONOMIC DEVELOPMENT ACTIVITIES 
Sec. 601. Demonstration program for guaranteed loans to finance tribal community 
and economic development activities. 
TITLE VII—FUNDING 
Sec. 701. Authorization of appropriations. 
TITLE VIII—MISCELLANEOUS 
Sec. 801. Limitation on use for Cherokee Nation. 
25 USC 4101 
note. 
Native American 
Housing 
Assistance and 
Self- 
Determination 
Reauthorization 
Act of 2008. 
Oct. 14, 2008 
[H.R. 2786] 
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122 STAT. 4320 
PUBLIC LAW 110–411—OCT. 14, 2008 
Sec. 802. Limitation on use of funds. 
Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different sizes. 
SEC. 2. CONGRESSIONAL FINDINGS. 
Section 2 of the Native American Housing Assistance and Self- 
Determination Act of 1996 (25 U.S.C. 4101) is amended in para-
graphs (6) and (7) by striking ‘‘should’’ each place it appears and 
inserting ‘‘shall’’. 
SEC. 3. DEFINITIONS. 
Section 4 of the Native American Housing Assistance and Self- 
Determination Act of 1996 (25 U.S.C. 4103) is amended— 
(1) by striking paragraph (22); 
(2) by redesignating paragraphs (8) through (21) as para-
graphs (9) through (22), respectively; and 
(3) by inserting after paragraph (7) the following: 
‘‘(8) HOUSING RELATED COMMUNITY DEVELOPMENT.— 
‘‘(A) IN GENERAL.—The term ‘housing related commu-
nity development’ means any facility, community building, 
business, activity, or infrastructure that— 
‘‘(i) is owned by an Indian tribe or a tribally des-
ignated housing entity; 
‘‘(ii) is necessary to the provision of housing in 
an Indian area; and 
‘‘(iii)(I) would help an Indian tribe or tribally des-
ignated housing entity to reduce the cost of construc-
tion of Indian housing; 
‘‘(II) would make housing more affordable, acces-
sible, or practicable in an Indian area; or 
‘‘(III) would otherwise advance the purposes of this 
Act. 
‘‘(B) EXCLUSION.—The term ‘housing and community 
development’ does not include any activity conducted by 
any Indian tribe under the Indian Gaming Regulatory Act 
(25 U.S.C. 2701 et seq.).’’. 
TITLE I—BLOCK GRANTS AND GRANT 
REQUIREMENTS 
SEC. 101. BLOCK GRANTS. 
Section 101 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4111) is amended— 
(1) in subsection (a)— 
(A) in the first sentence— 
(i) by striking ‘‘For each’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—For each’’; 
(ii) by striking ‘‘tribes to carry out affordable 
housing activities.’’ and inserting the following: 
‘‘tribes— 
‘‘(A) to carry out affordable housing activities under 
subtitle A of title II; and’’; and 
(iii) by adding at the end the following: 
‘‘(B) to carry out self-determined housing activities for 
tribal communities programs under subtitle B of that title.’’; 
and 
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122 STAT. 4321 
PUBLIC LAW 110–411—OCT. 14, 2008 
(B) in the second sentence, by striking ‘‘Under’’ and 
inserting the following: 
‘‘(2) PROVISION OF AMOUNTS.—Under’’; 
(2) in subsection (g), by inserting ‘‘of this section and sub-
title B of title II’’ after ‘‘subsection (h)’’; and 
(3) by adding at the end the following: 
‘‘(j) FEDERAL SUPPLY SOURCES.—For purposes of section 501 
of title 40, United States Code, on election by the applicable Indian 
tribe— 
‘‘(1) each Indian tribe or tribally designated housing entity 
shall be considered to be an Executive agency in carrying 
out any program, service, or other activity under this Act; 
and 
‘‘(2) each Indian tribe or tribally designated housing entity 
and each employee of the Indian tribe or tribally designated 
housing entity shall have access to sources of supply on the 
same basis as employees of an Executive agency. 
‘‘(k) TRIBAL PREFERENCE IN EMPLOYMENT AND CONTRACTING.— 
Notwithstanding any other provision of law, with respect to any 
grant (or portion of a grant) made on behalf of an Indian tribe 
under this Act that is intended to benefit 1 Indian tribe, the 
tribal employment and contract preference laws (including regula-
tions and tribal ordinances ) adopted by the Indian tribe that 
receives the benefit shall apply with respect to the administration 
of the grant (or portion of a grant).’’. 
SEC. 102. INDIAN HOUSING PLANS. 
Section 102 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4112) is amended— 
(1) in subsection (a)(1)— 
(A) by striking ‘‘(1)(A) for’’ and all that follows through 
the end of subparagraph (A) and inserting the following: 
‘‘(1)(A) for an Indian tribe to submit to the Secretary, 
by not later than 75 days before the beginning of each tribal 
program year, a 1-year housing plan for the Indian tribe; or’’; 
and 
(B) in subparagraph (B), by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsection (c)’’; 
(2) by striking subsections (b) and (c) and inserting the 
following: 
‘‘(b) 1-YEAR PLAN REQUIREMENT.— 
‘‘(1) IN GENERAL.—A housing plan of an Indian tribe under 
this section shall— 
‘‘(A) be in such form as the Secretary may prescribe; 
and 
‘‘(B) contain the information described in paragraph 
(2). 
‘‘(2) REQUIRED INFORMATION.—A housing plan shall include 
the following information with respect to the tribal program 
year for which assistance under this Act is made available: 
‘‘(A) DESCRIPTION
OF
PLANNED
ACTIVITIES.—A state-
ment of planned activities, including— 
‘‘(i) the types of household to receive assistance; 
‘‘(ii) the types and levels of assistance to be pro-
vided; 
‘‘(iii) the number of units planned to be produced; 
Deadline. 
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122 STAT. 4322 
PUBLIC LAW 110–411—OCT. 14, 2008 
‘‘(iv)(I) a description of any housing to be demol-
ished or disposed of; 
‘‘(II) a timetable for the demolition or disposition; 
and 
‘‘(III) any other information required by the Sec-
retary with respect to the demolition or disposition; 
‘‘(v) 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 (42 U.S.C. 1437 et seq.); 
and 
‘‘(vi) outcomes anticipated to be achieved by the 
recipient. 
‘‘(B) STATEMENT
OF
NEEDS.—A statement of the 
housing needs of the low-income Indian families residing 
in the jurisdiction of the Indian tribe, and the means by 
which those needs will be addressed during the applicable 
period, including— 
‘‘(i) 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 
‘‘(ii) a description of the estimated housing needs 
for all Indian families in the jurisdiction. 
‘‘(C) FINANCIAL RESOURCES.—An operating budget for 
the recipient, in such form as the Secretary may prescribe, 
that includes— 
‘‘(i) an identification and description of the finan-
cial resources reasonably available to the recipient to 
carry out the purposes of this Act, including an expla-
nation of the manner in which amounts made available 
will leverage additional resources; and 
‘‘(ii) the uses to which those resources will be com-
mitted, including eligible and required affordable 
housing activities under title II and administrative 
expenses. 
‘‘(D) CERTIFICATION
OF
COMPLIANCE.—Evidence of 
compliance with the requirements of this Act, including, 
as appropriate— 
‘‘(i) a certification that, in carrying out this Act, 
the recipient will comply with the applicable provisions 
of title II of the Civil Rights Act of 1968 (25 U.S.C. 
1301 et seq.) and other applicable Federal laws and 
regulations; 
‘‘(ii) a certification that the recipient will maintain 
adequate insurance coverage for housing units that 
are owned and operated or assisted with grant amounts 
provided under this Act, in compliance with such 
requirements as the Secretary may establish; 
‘‘(iii) a certification that policies are in effect and 
are available for review by the Secretary and the public 
governing the eligibility, admission, and occupancy of 
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122 STAT. 4323 
PUBLIC LAW 110–411—OCT. 14, 2008 
families for housing assisted with grant amounts pro-
vided under this Act; 
‘‘(iv) a certification that policies are in effect and 
are available for review by the Secretary and the public 
governing rents and homebuyer payments charged, 
including the methods by which the rents or homebuyer 
payments are determined, for housing assisted with 
grant amounts provided under this Act; 
‘‘(v) a certification that policies are in effect and 
are available for review by the Secretary and the public 
governing the management and maintenance of 
housing assisted with grant amounts provided under 
this Act; and 
‘‘(vi) a certification that the recipient will comply 
with section 104(b).’’; 
(3) by redesignating subsections (d) through (f) as sub-
sections (c) through (e), respectively; and 
(4) in subsection (d) (as redesignated by paragraph (3)), 
by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (c)’’. 
SEC. 103. REVIEW OF PLANS. 
Section 103 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4113) is amended— 
(1) in subsection (d)— 
(A) in the first sentence— 
(i) by striking ‘‘fiscal’’ each place it appears and 
inserting ‘‘tribal program’’; and 
(ii) by striking ‘‘(with respect to’’ and all that fol-
lows through ‘‘section 102(c))’’; and 
(B) by striking the second sentence; and 
(2) by striking subsection (e) and inserting the following: 
‘‘(e) SELF-DETERMINED ACTIVITIES PROGRAM.—Notwithstanding 
any other provision of this section, the Secretary— 
‘‘(1) shall review the information included in an Indian 
housing plan pursuant to subsections (b)(4) and (c)(7) only 
to determine whether the information is included for purposes 
of compliance with the requirement under section 232(b)(2); 
and 
‘‘(2) may not approve or disapprove an Indian housing 
plan based on the content of the particular benefits, activities, 
or results included pursuant to subsections (b)(4) and (c)(7).’’. 
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. 
Section 104(a) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4114(a)) is amended 
by adding at the end the following: 
‘‘(4) EXCLUSION FROM PROGRAM INCOME OF REGULAR DEVEL-
OPER’S FEES FOR LOW-INCOME HOUSING TAX CREDIT PROJECTS.— 
Notwithstanding any other provision of this Act, any income 
derived from a regular and customary developer’s fee for any 
project that receives a low-income housing tax credit under 
section 42 of the Internal Revenue Code of 1986, and that 
is initially funded using a grant provided under this Act, shall 
not be considered to be program income if the developer’s 
fee is approved by the State housing credit agency.’’. 
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122 STAT. 4324 
PUBLIC LAW 110–411—OCT. 14, 2008 
SEC. 105. REGULATIONS. 
Section 106(b)(2) of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is 
amended— 
(1) in subparagraph (B)(i), by striking ‘‘The Secretary’’ and 
inserting ‘‘Not later than 180 days after the date of enactment 
of the Native American Housing Assistance and Self-Deter-
mination Reauthorization Act of 2008 and any other Act to 
reauthorize this Act, the Secretary’’; and 
(2) by adding at the end the following: 
‘‘(C) SUBSEQUENT NEGOTIATED RULEMAKING.—The Sec-
retary shall— 
‘‘(i) initiate a negotiated rulemaking in accordance 
with this section by not later than 90 days after the 
date of enactment of the Native American Housing 
Assistance and Self-Determination Reauthorization Act 
of 2008 and any other Act to reauthorize this Act; 
and 
‘‘(ii) promulgate regulations pursuant to this sec-
tion by not later than 2 years after the date of enact-
ment of the Native American Housing Assistance and 
Self-Determination Reauthorization Act of 2008 and 
any other Act to reauthorize this Act. 
‘‘(D) REVIEW.—Not less frequently than once every 7 
years, the Secretary, in consultation with Indian tribes, 
shall review the regulations promulgated pursuant to this 
section in effect on the date on which the review is con-
ducted.’’. 
TITLE II—AFFORDABLE HOUSING 
ACTIVITIES 
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 
Section 201(b) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4131(b)) is amended— 
(1) in paragraph (1), by inserting ‘‘and except with respect 
to loan guarantees under the demonstration program under 
title VI,’’ after ‘‘paragraphs (2) and (4),’’; 
(2) in paragraph (2)— 
(A) by striking the first sentence and inserting the 
following: 
‘‘(A) EXCEPTION
TO
REQUIREMENT.—Notwithstanding 
paragraph (1), a recipient may provide housing or housing 
assistance through affordable housing activities for which 
a grant is provided under this Act to any family that 
is not a low-income family, to the extent that the Secretary 
approves the activities due to a need for housing for those 
families that cannot reasonably be met without that assist-
ance.’’; and 
(B) in the second sentence, by striking ‘‘The Secretary’’ 
and inserting the following: 
‘‘(B) LIMITS.—The Secretary’’; 
(3) in paragraph (3)— 
(A) in the paragraph heading, by striking ‘‘NON-INDIAN’’ 
and inserting ‘‘ESSENTIAL’’; and 
Deadlines. 
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122 STAT. 4325 
PUBLIC LAW 110–411—OCT. 14, 2008 
(B) by striking ‘‘non-Indian family’’ and inserting 
‘‘family’’; and 
(4) in paragraph (4)(A)(i), by inserting ‘‘or other unit of 
local government,’’ after ‘‘county,’’. 
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. 
Section 202 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4132) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘to 
develop or to support’’ and inserting ‘‘to develop, operate, main-
tain, or support’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘development of utilities’’ and inserting 
‘‘development and rehabilitation of utilities, necessary 
infrastructure,’’; and 
(B) by inserting ‘‘mold remediation,’’ after ‘‘energy effi-
ciency,’’; 
(3) in paragraph (4), by inserting ‘‘the costs of operation 
and maintenance of units developed with funds provided under 
this Act,’’ after ‘‘rental assistance,’’; and 
(4) by adding at the end the following: 
‘‘(9) RESERVE ACCOUNTS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
deposit of amounts, including grant amounts under section 
101, in a reserve account established for an Indian tribe 
only for the purpose of accumulating amounts for adminis-
tration and planning relating to affordable housing activi-
ties under this section, in accordance with the Indian 
housing plan of the Indian tribe. 
‘‘(B) MAXIMUM AMOUNT.—A reserve account established 
under subparagraph (A) shall consist of not more than 
an amount equal to 1⁄4 of the 5-year average of the annual 
amount used by a recipient for administration and planning 
under paragraph (2).’’. 
SEC. 203. PROGRAM REQUIREMENTS. 
Section 203 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by 
adding at the end the following: 
‘‘(f) USE OF GRANT AMOUNTS OVER EXTENDED PERIODS.— 
‘‘(1) IN GENERAL.—To the extent that the Indian housing 
plan for an Indian tribe provides for the use of amounts of 
a grant under section 101 for a period of more than 1 fiscal 
year, or for affordable housing activities for which the amounts 
will be committed for use or expended during a subsequent 
fiscal year, the Secretary shall not require those amounts to 
be used or committed for use at any time earlier than otherwise 
provided for in the Indian housing plan. 
‘‘(2) CARRYOVER.—Any amount of a grant provided to an 
Indian tribe under section 101 for a fiscal year that is not 
used by the Indian tribe during that fiscal year may be used 
by the Indian tribe during any subsequent fiscal year. 
‘‘(g) DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND 
SERVICES.—Notwithstanding any other provision of law, a recipient 
shall not be required to act in accordance with any otherwise 
applicable competitive procurement rule or procedure with respect 
to the procurement, using a grant provided under this Act, of 
goods and services the value of which is less than $5,000.’’. 
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122 STAT. 4326 
PUBLIC LAW 110–411—OCT. 14, 2008 
SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING. 
Section 205 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4135) is amended by 
adding at the end the following: 
‘‘(c) APPLICABILITY.—The provisions of paragraph (2) of sub-
section (a) regarding binding commitments for the remaining useful 
life of property shall not apply to a family or household member 
who subsequently takes ownership of a homeownership unit.’’. 
SEC. 205. AVAILABILITY OF RECORDS. 
Section 208(a) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4138(a)) is amended 
by inserting ‘‘applicants for employment, and of’’ after ‘‘records 
of’’. 
SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL 
COMMUNITIES PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Title II of the Native Amer-
ican Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4131 et seq.) is amended— 
(1) by inserting after the title designation and heading 
the following: 
‘‘Subtitle A—General Block Grant 
Program’’; 
and 
(2) by adding at the end the following: 
‘‘Subtitle B—Self-Determined Housing 
Activities for Tribal Communities 
‘‘SEC. 231. PURPOSE. 
‘‘The purpose of this subtitle is to establish a program for 
self-determined housing activities for the tribal communities to 
provide Indian tribes with the flexibility to use a portion of the 
grant amounts under section 101 for the Indian tribe in manners 
that are wholly self-determined by the Indian tribe for housing 
activities involving construction, acquisition, rehabilitation, or infra-
structure relating to housing activities or housing that will benefit 
the community served by the Indian tribe. 
‘‘SEC. 232. PROGRAM AUTHORITY. 
‘‘(a) DEFINITION OF QUALIFYING INDIAN TRIBE.—In this section, 
the term ‘qualifying Indian tribe’ means, with respect to a fiscal 
year, an Indian tribe or tribally designated housing entity— 
‘‘(1) to or on behalf of which a grant is made under section 
101; 
‘‘(2) that has complied with the requirements of section 
102(b)(6); and 
‘‘(3) that, during the preceding 3-fiscal-year period, has 
no unresolved significant and material audit findings or excep-
tions, as demonstrated in— 
25 USC 4145a. 
25 USC 4145. 
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122 STAT. 4327 
PUBLIC LAW 110–411—OCT. 14, 2008 
‘‘(A) the annual audits of that period completed under 
chapter 75 of title 31, United States Code (commonly known 
as the ‘Single Audit Act’); or 
‘‘(B) an independent financial audit prepared in accord-
ance with generally accepted auditing principles. 
‘‘(b) AUTHORITY.—Under the program under this subtitle, for 
each of fiscal years 2009 through 2013, the recipient for each 
qualifying Indian tribe may use the amounts specified in subsection 
(c) in accordance with this subtitle. 
‘‘(c) AMOUNTS.—With respect to a fiscal year and a recipient, 
the amounts referred to in subsection (b) are amounts from any 
grant provided under section 101 to the recipient for the fiscal 
year, as determined by the recipient, but in no case exceeding 
the lesser of— 
‘‘(1) an amount equal to 20 percent of the total grant 
amount for the recipient for that fiscal year; and 
‘‘(2) $2,000,000. 
‘‘SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES. 
‘‘(a) ELIGIBLE HOUSING ACTIVITIES.—Any amounts made avail-
able for use under this subtitle by a recipient for an Indian tribe 
shall be used only for housing activities, as selected at the discretion 
of the recipient and described in the Indian housing plan for the 
Indian tribe pursuant to section 102(b)(6), for the construction, 
acquisition, or rehabilitation of housing or infrastructure in accord-
ance with section 202 to provide a benefit to families described 
in section 201(b)(1). 
‘‘(b) PROHIBITION
ON
CERTAIN
ACTIVITIES.—Amounts made 
available for use under this subtitle may not be used for commercial 
or economic development. 
‘‘SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS. 
‘‘(a) IN GENERAL.—Except as otherwise specifically provided 
in this Act, title I, subtitle A of title II, and titles III through 
VIII shall not apply to— 
‘‘(1) the program under this subtitle; or 
‘‘(2) amounts made available in accordance with this sub-
title. 
‘‘(b) APPLICABLE PROVISIONS.—The following provisions of titles 
I through VIII shall apply to the program under this subtitle 
and amounts made available in accordance with this subtitle: 
‘‘(1) Section 101(c) (relating to local cooperation agree-
ments). 
‘‘(2) Subsections (d) and (e) of section 101 (relating to 
tax exemption). 
‘‘(3) Section 101(j) (relating to Federal supply sources). 
‘‘(4) Section 101(k) (relating to tribal preference in employ-
ment and contracting). 
‘‘(5) Section 102(b)(4) (relating to certification of compli-
ance). 
‘‘(6) Section 104 (relating to treatment of program income 
and labor standards). 
‘‘(7) Section 105 (relating to environmental review). 
‘‘(8) Section 201(b) (relating to eligible families). 
‘‘(9) Section 203(c) (relating to insurance coverage). 
‘‘(10) Section 203(g) (relating to a de minimis exemption 
for procurement of goods and services). 
‘‘(11) Section 206 (relating to treatment of funds). 
25 USC 4145c. 
25 USC 4145b. 
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122 STAT. 4328 
PUBLIC LAW 110–411—OCT. 14, 2008 
‘‘(12) Section 209 (relating to noncompliance with affordable 
housing requirement). 
‘‘(13) Section 401 (relating to remedies for noncompliance). 
‘‘(14) Section 408 (relating to public availability of informa-
tion). 
‘‘(15) Section 702 (relating to 50-year leasehold interests 
in trust or restricted lands for housing purposes). 
‘‘SEC. 235. REVIEW AND REPORT. 
‘‘(a) REVIEW.—During calendar year 2011, the Secretary shall 
conduct a review of the results achieved by the program under 
this subtitle to determine— 
‘‘(1) the housing constructed, acquired, or rehabilitated 
under the program; 
‘‘(2) the effects of the housing described in paragraph (1) 
on costs to low-income families of affordable housing; 
‘‘(3) the effectiveness of each recipient in achieving the 
results intended to be achieved, as described in the Indian 
housing plan for the Indian tribe; and 
‘‘(4) the need for, and effectiveness of, extending the dura-
tion of the program and increasing the amount of grants under 
section 101 that may be used under the program. 
‘‘(b) REPORT.—Not later than December 31, 2011, the Secretary 
shall submit to Congress a report describing the information 
obtained pursuant to the review under subsection (a) (including 
any conclusions and recommendations of the Secretary with respect 
to the program under this subtitle), including— 
‘‘(1) recommendations regarding extension of the program 
for subsequent fiscal years and increasing the amounts under 
section 232(c) that may be used under the program; and 
‘‘(2) recommendations for— 
‘‘(A)(i) specific Indian tribes or recipients that should 
be prohibited from participating in the program for failure 
to achieve results; and 
‘‘(ii) the period for which such a prohibition should 
remain in effect; or 
‘‘(B) standards and procedures by which Indian tribes 
or recipients may be prohibited from participating in the 
program for failure to achieve results. 
‘‘(c) PROVISION
OF
INFORMATION
TO
SECRETARY.—Notwith-
standing any other provision of this Act, recipients participating 
in the program under this subtitle shall provide such information 
to the Secretary as the Secretary may request, in sufficient detail 
and in a timely manner sufficient to ensure that the review and 
report required by this section is accomplished in a timely manner.’’. 
(b) TECHNICAL AMENDMENT.—The table of contents in section 
1(b) of the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4101 note) is amended— 
(1) by inserting after the item for title II the following: 
‘‘Subtitle A—General Block Grant Program’’; 
(2) by inserting after the item for section 205 the following: 
‘‘Sec. 206. Treatment of funds.’’; 
and 
(3) by inserting before the item for title III the following: 
25 USC 4145d. 
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122 STAT. 4329 
PUBLIC LAW 110–411—OCT. 14, 2008 
‘‘Subtitle B—Self-Determined Housing Activities for Tribal Communities 
‘‘Sec. 231. Purposes. 
‘‘Sec. 232. Program authority. 
‘‘Sec. 233. Use of amounts for housing activities. 
‘‘Sec. 234. Inapplicability of other provisions. 
‘‘Sec. 235. Review and report.’’. 
TITLE III—ALLOCATION OF GRANT 
AMOUNTS 
SEC. 301. ALLOCATION FORMULA. 
Section 302 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4152) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘The Secretary’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) STUDY OF NEED DATA.— 
‘‘(A) IN GENERAL.—The Secretary shall enter into a 
contract with an organization with expertise in housing 
and other demographic data collection methodologies under 
which the organization, in consultation with Indian tribes 
and Indian organizations, shall— 
‘‘(i) assess existing data sources, including alter-
natives to the decennial census, for use in evaluating 
the factors for determination of need described in sub-
section (b); and 
‘‘(ii) develop and recommend methodologies for col-
lecting data on any of those factors, including formula 
area, in any case in which existing data is determined 
to be insufficient or inadequate, or fails to satisfy the 
requirements of this Act. 
‘‘(B) AUTHORIZATION
OF
APPROPRIATIONS.—There are 
authorized to be appropriated such sums as are necessary 
to carry out this section, to remain available until 
expended.’’; and 
(2) in subsection (b), by striking paragraph (1) and inserting 
the following: 
‘‘(1)(A) The number of low-income housing dwelling units 
developed under the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.), pursuant to a contract between an Indian 
housing authority for the tribe and the Secretary, that are 
owned or operated by a recipient on the October 1 of the 
calendar year immediately preceding the year for which funds 
are provided, subject to the condition that such a unit shall 
not be considered to be a low-income housing dwelling unit 
for purposes of this section if— 
‘‘(i) the recipient ceases to possess the legal right to 
own, operate, or maintain the unit; or 
‘‘(ii) the unit is lost to the recipient by conveyance, 
demolition, or other means. 
‘‘(B) If the unit is a homeownership unit not conveyed 
within 25 years from the date of full availability, the recipient 
shall not be considered to have lost the legal right to own, 
operate, or maintain the unit if the unit has not been conveyed 
to the homebuyer for reasons beyond the control of the recipient. 
Contracts. 
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122 STAT. 4330 
PUBLIC LAW 110–411—OCT. 14, 2008 
‘‘(C) If the unit is demolished and the recipient rebuilds 
the unit within 1 year of demolition of the unit, the unit 
may continue to be considered a low-income housing dwelling 
unit for the purpose of this paragraph. 
‘‘(D) In this paragraph, the term ‘reasons beyond the control 
of the recipient’ means, after making reasonable efforts, there 
remain— 
‘‘(i) delays in obtaining or the absence of title status 
reports; 
‘‘(ii) incorrect or inadequate legal descriptions or other 
legal documentation necessary for conveyance; 
‘‘(iii) clouds on title due to probate or intestacy or 
other court proceedings; or 
‘‘(iv) any other legal impediment. 
‘‘(E) Subparagraphs (A) through (D) shall not apply to 
any claim arising from a formula current assisted stock calcula-
tion or count involving an Indian housing block grant allocation 
for any fiscal year through fiscal year 2008, if a civil action 
relating to the claim is filed by not later than 45 days after 
the date of enactment of this subparagraph.’’. 
TITLE IV—COMPLIANCE, AUDITS, AND 
REPORTS 
SEC. 401. REMEDIES FOR NONCOMPLIANCE. 
Section 401(a) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(2) by inserting after paragraph (1) the following: 
‘‘(2) SUBSTANTIAL
NONCOMPLIANCE.—The failure of a 
recipient to comply with the requirements of section 302(b)(1) 
regarding the reporting of low-income dwelling units shall not, 
in itself, be considered to be substantial noncompliance for 
purposes of this title.’’. 
SEC. 402. MONITORING OF COMPLIANCE. 
Section 403(b) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4163(b)) is amended 
in the second sentence by inserting ‘‘an appropriate level of’’ after 
‘‘shall include’’. 
SEC. 403. PERFORMANCE REPORTS. 
Section 404(b) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4164(b)) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘goals’’ and inserting ‘‘planned activi-
ties’’; and 
(B) by adding ‘‘and’’ after the semicolon at the end; 
(2) in paragraph (3), by striking ‘‘; and’’ at the end and 
inserting a period; and 
(3) by striking paragraph (4). 
Deadline. 
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122 STAT. 4331 
PUBLIC LAW 110–411—OCT. 14, 2008 
TITLE 
V—TERMINATION 
OF 
ASSIST-
ANCE FOR INDIAN TRIBES UNDER IN-
CORPORATED PROGRAMS 
SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT. 
(a) IN GENERAL.—Title V of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT. 
‘‘Nothing in this Act or an amendment made by this Act pro-
hibits or prevents any participating jurisdiction (within the meaning 
of the HOME Investment Partnerships Act (42 U.S.C. 12721 et 
seq.)) from providing any amounts made available to the partici-
pating jurisdiction under that Act (42 U.S.C. 12721 et seq.) to 
an Indian tribe or a tribally designated housing entity for use 
in accordance with that Act (42 U.S.C. 12721 et seq.).’’. 
(b) CONFORMING AMENDMENT.—The table of contents in section 
1(b) of the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4101 note) is amended by inserting 
after the item relating to section 508 the following: 
‘‘Sec. 509. Effect on HOME Investment Partnerships Act.’’. 
TITLE VI—GUARANTEED LOANS TO FI-
NANCE 
TRIBAL 
COMMUNITY 
AND 
ECONOMIC 
DEVELOPMENT 
ACTIVI-
TIES 
SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 
FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOP-
MENT ACTIVITIES. 
(a) IN GENERAL.—Title VI of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4191 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 
FINANCE TRIBAL COMMUNITY AND ECONOMIC DEVELOP-
MENT ACTIVITIES. 
‘‘(a) AUTHORITY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), to the extent 
and in such amounts as are provided in appropriation Acts, 
subject to the requirements of this section, and in accordance 
with such terms and conditions as the Secretary may prescribe, 
the Secretary may guarantee and make commitments to guar-
antee the notes and obligations issued by Indian tribes or 
tribally designated housing entities with tribal approval, for 
the purposes of financing activities carried out on Indian res-
ervations and in other Indian areas that, under the first sen-
tence of section 108(a) of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5308), are eligible for financing 
with notes and other obligations guaranteed pursuant to that 
section. 
25 USC 4196. 
25 USC 4184. 
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122 STAT. 4332 
PUBLIC LAW 110–411—OCT. 14, 2008 
‘‘(2) LIMITATION.—The Secretary may guarantee, or make 
commitments to guarantee, under paragraph (1) the notes or 
obligations of not more than 4 Indian tribes or tribally des-
ignated housing entities located in each Department of Housing 
and Urban Development Office of Native American Programs 
region. 
‘‘(b) LOW-INCOME BENEFIT REQUIREMENT.—Not less than 70 
percent of the aggregate amount received by an Indian tribe or 
tribally designated housing entity as a result of a guarantee under 
this section shall be used for the support of activities that benefit 
low-income families on Indian reservations and other Indian areas. 
‘‘(c) FINANCIAL SOUNDNESS.— 
‘‘(1) IN
GENERAL.—The Secretary shall establish under-
writing criteria for guarantees under this section, including 
fees for the guarantees, as the Secretary determines to be 
necessary to ensure that the program under this section is 
financially sound. 
‘‘(2) AMOUNTS OF FEES.—Fees for guarantees established 
under paragraph (1) shall be established in amounts that are 
sufficient, but do not exceed the minimum amounts necessary, 
to maintain a negative credit subsidy for the program under 
this section, as determined based on the risk to the Federal 
Government under the underwriting requirements established 
under paragraph (1). 
‘‘(d) TERMS OF OBLIGATIONS.— 
‘‘(1) IN GENERAL.—Each note or other obligation guaranteed 
pursuant to this section shall be in such form and denomina-
tion, have such maturity, and be subject to such conditions 
as the Secretary may prescribe, by regulation. 
‘‘(2) LIMITATION.—The Secretary may not deny a guarantee 
under this section on the basis of the proposed repayment 
period for the note or other obligation, unless— 
‘‘(A) the period is more than 20 years; or 
‘‘(B) the Secretary determines that the period would 
cause the guarantee to constitute an unacceptable financial 
risk. 
‘‘(e) LIMITATION ON PERCENTAGE.—A guarantee made under 
this section shall guarantee repayment of 95 percent of the unpaid 
principal and interest due on the note or other obligation guaran-
teed. 
‘‘(f) SECURITY AND REPAYMENT.— 
‘‘(1) REQUIREMENTS ON ISSUER.—To ensure the repayment 
of notes and other obligations and charges incurred under this 
section and as a condition for receiving the guarantees, the 
Secretary shall require the Indian tribe or housing entity 
issuing the notes or obligations— 
‘‘(A) to enter into a contract, in a form acceptable 
to the Secretary, for repayment of notes or other obligations 
guaranteed under this section; 
‘‘(B) to demonstrate that the extent of each issuance 
and guarantee under this section is within the financial 
capacity of the Indian tribe; and 
‘‘(C) to furnish, at the discretion of the Secretary, such 
security as the Secretary determines to be appropriate 
in making the guarantees, including increments in local 
tax receipts generated by the activities assisted by a guar-
antee under this section or disposition proceeds from the 
Contracts. 
Criteria. 
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122 STAT. 4333 
PUBLIC LAW 110–411—OCT. 14, 2008 
sale of land or rehabilitated property, except that the secu-
rity may not include any grant amounts received or for 
which the issuer may be eligible under title I. 
‘‘(2) FULL FAITH AND CREDIT.— 
‘‘(A) IN
GENERAL.—The full faith and credit of the 
United States is pledged to the payment of all guarantees 
made under this section. 
‘‘(B) TREATMENT OF GUARANTEES.— 
‘‘(i) IN GENERAL.—Any guarantee made by the Sec-
retary under this section shall be conclusive evidence 
of the eligibility of the obligations for the guarantee 
with respect to principal and interest. 
‘‘(ii) INCONTESTABLE NATURE.—The validity of any 
such a guarantee shall be incontestable in the hands 
of a holder of the guaranteed obligations. 
‘‘(g) TRAINING AND INFORMATION.—The Secretary, in coopera-
tion with Indian tribes and tribally designated housing entities, 
may carry out training and information activities with respect to 
the guarantee program under this section. 
‘‘(h) LIMITATIONS ON AMOUNT OF GUARANTEES.— 
‘‘(1) 
AGGREGATE
FISCAL
YEAR
LIMITATION.—Notwith-
standing any other provision of law, subject only to the absence 
of qualified applicants or proposed activities and to the 
authority provided in this section, and to the extent approved 
or provided for in appropriations Acts, the Secretary may enter 
into commitments to guarantee notes and obligations under 
this section with an aggregate principal amount not to exceed 
$200,000,000 for each of fiscal years 2009 through 2013. 
‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR CREDIT SUB-
SIDY.—There are authorized to be appropriated to cover the 
costs (as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a)) of guarantees under this section 
$1,000,000 for each of fiscal years 2009 through 2013. 
‘‘(3) AGGREGATE
OUTSTANDING
LIMITATION.—The total 
amount of outstanding obligations guaranteed on a cumulative 
basis by the Secretary pursuant to this section shall not at 
any time exceed $1,000,000,000 or such higher amount as may 
be authorized to be appropriated for this section for any fiscal 
year. 
‘‘(4) FISCAL YEAR LIMITATIONS ON INDIAN TRIBES.— 
‘‘(A) IN
GENERAL.—The Secretary shall monitor the 
use of guarantees under this section by Indian tribes. 
‘‘(B) MODIFICATIONS.—If the Secretary determines that 
50 percent of the aggregate guarantee authority under 
paragraph (3) has been committed, the Secretary may— 
‘‘(i) impose limitations on the amount of guarantees 
pursuant to this section that any single Indian tribe 
may receive in any fiscal year of $25,000,000; or 
‘‘(ii) request the enactment of legislation increasing 
the aggregate outstanding limitation on guarantees 
under this section. 
‘‘(i) REPORT.—Not later than 4 years after the date of enactment 
of this section, the Secretary shall submit to Congress a report 
describing the use of the authority under this section by Indian 
tribes and tribally designated housing entities, including— 
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122 STAT. 4334 
PUBLIC LAW 110–411—OCT. 14, 2008 
‘‘(1) an identification of the extent of the use and the 
types of projects and activities financed using that authority; 
and 
‘‘(2) an analysis of the effectiveness of the use in carrying 
out the purposes of this section. 
‘‘(j) TERMINATION.—The authority of the Secretary under this 
section to make new guarantees for notes and obligations shall 
terminate on October 1, 2013.’’. 
(b) CONFORMING AMENDMENT.—The table of contents in section 
1(b) of the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (25 U.S.C. 4101 note) is amended by inserting 
after the item relating to section 605 the following: 
‘‘Sec. 606. Demonstration program for guaranteed loans to finance tribal commu-
nity and economic development activities.’’. 
TITLE VII—FUNDING 
SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 
(a) BLOCK GRANTS AND GRANT REQUIREMENTS.—Section 108 
of the Native American Housing Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4117) is amended in the first sentence 
by striking ‘‘1998 through 2007’’ and inserting ‘‘2009 through 2013’’. 
(b) FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING 
ACTIVITIES.—Section 605 of the Native American Housing Assist-
ance and Self-Determination Act of 1996 (25 U.S.C. 4195) is 
amended in subsections (a) and (b) by striking ‘‘1997 through 2007’’ 
each place it appears and inserting ‘‘2009 through 2013’’. 
(c) TRAINING AND TECHNICAL ASSISTANCE.—Section 703 of the 
Native American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4212) is amended by striking ‘‘1997 through 
2007’’ and inserting ‘‘2009 through 2013’’. 
TITLE VIII—MISCELLANEOUS 
SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION. 
No funds authorized under this Act, or the amendments made 
by this Act, or appropriated pursuant to an authorization under 
this Act or such amendments, shall be expended for the benefit 
of the Cherokee Nation; provided, that this limitation shall not 
be effective if the Temporary Order and Temporary Injunction 
issued on May 14, 2007, by the District Court of the Cherokee 
Nation remains in effect during the pendency of litigation or there 
is a settlement agreement which effects the end of litigation among 
the adverse parties. 
SEC. 802. LIMITATION ON USE OF FUNDS. 
No amounts made available pursuant to any authorization 
of appropriations under this Act, or under the amendments made 
by this Act, may be used to employ workers described in section 
274A(h)(3)) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3)). 
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122 STAT. 4335 
PUBLIC LAW 110–411—OCT. 14, 2008 
LEGISLATIVE HISTORY—H.R. 2786 (S. 2062): 
HOUSE REPORTS: No. 110–295 (Comm. on Financial Services). 
SENATE REPORTS: No. 110–238 accompanying S. 2062 (Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 153 (2007): Sept. 6, considered and passed House. 
Vol. 154 (2008): Sept. 25, considered and passed Senate, amended. 
Sept. 27, House concurred in Senate amendment. 
SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES 
OF DIFFERENT SIZES. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study of the effectiveness of the Native American 
Housing Assistance and Self-Determination Act of 1996 in achieving 
its purposes of meeting the needs for affordable housing for low- 
income Indian families, as compared to the programs for housing 
and community development assistance for Indian tribes and fami-
lies and Indian housing authorities that were terminated under 
title V of such Act and the amendments made by such title. The 
study shall compare such effectiveness with respect to Indian tribes 
of various sizes and types, and specifically with respect to smaller 
tribes for which grants of lesser or minimum amounts have been 
made under title I of such Act. 
(b) REPORT.—Not later than the expiration of the 12-month 
period beginning on the date of the enactment of this Act, the 
Comptroller General shall submit a report to the Committee on 
Financial Services of the House of Representatives and the Com-
mittee on Banking, Housing, and Urban Affairs of the Senate 
regarding the results and conclusions of the study conducted pursu-
ant to subsection (a). Such report shall include recommendations 
regarding any changes appropriate to the Native American Housing 
Assistance and Self-Determination Act of 1996 to help ensure that 
the purposes of such Act are achieved by all Indian tribes, regardless 
of size or type. 
Approved October 14, 2008. 
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