[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4277 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4277
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2014
Mr. Young of Alaska (for himself, Ms. Moore, Mr. Cole, Mr. Heck of
Washington, Ms. Hanabusa, and Mr. Kildee) introduced the following
bill; which was referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996, and for other purposes.
Be it enacted by the Senate and House of 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 American
Housing Assistance and Self-Determination Reauthorization Act of
2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Treatment of labor standards.
Sec. 104. Environmental review.
Sec. 105. Failure to act on request for approval regarding exceeding
TDC maximum cost for project.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Lease requirements and tenant selection.
Sec. 206. Tribal coordination of agency funding.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Authorization of appropriations.
TITLE IV--AUDITS AND REPORTS
Sec. 401. Review and audit by Secretary.
Sec. 402. Reports to Congress.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 501. HUD-Veterans Affairs supportive housing program for Native
American veterans.
Sec. 502. Public and Assisted Housing Drug Elimination Act of 1990.
Sec. 503. 50-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 504. Training and technical assistance.
Sec. 505. Loan guarantees for Indian housing.
Sec. 506. Loan guarantees for Native Hawaiian housing.
TITLE VI--MISCELLANEOUS
Sec. 601. Reauthorization of Native Hawaiian Homeownership Act.
Sec. 602. Native hiring and appointment in HUD Office of Native
American Programs.
Sec. 603. Lands Title Report Commission.
Sec. 604. Limitation on use of funds for Cherokee Nation.
Sec. 605. Clerical amendment.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
Section 101 (25 U.S.C. 4111) is amended--
(1) in subsection (c), by adding after the period at the
end the following: ``If the Secretary fails to act on a waiver
request submitted under this subsection by a recipient within
60 days after receipt of such request, the waiver request shall
be deemed approved.'';
(2) in subsection (j), by striking ``section 501 of title
40,'' and inserting ``title 40 of the''; and
(3) in subsection (k), by striking ``1'' and inserting
``an''.
SEC. 102. INDIAN HOUSING PLANS.
Section 102(a)(1)(B) (25 U.S.C. 4112(a)(1)(B)) is amended by
inserting before the semicolon the following: ``, except that the
Secretary may grant a waiver of the submission requirements upon
meeting certain factors to be set out by regulation, and provided
further that a request for such waiver shall be deemed approved if the
Secretary does not act on such request within 60 days of receipt''.
SEC. 103. TREATMENT OF LABOR STANDARDS.
Section 104(b)(3) (25 U.S.C. 4114(b)(3)) is amended by adding after
the period at the end the following: ``Notwithstanding any other
provision of law, tribally determined wages adopted in accordance with
this paragraph shall apply to the administration of all Federal funding
for projects funded in whole or in part by funds provided under this
Act.''.
SEC. 104. ENVIRONMENTAL REVIEW.
Section 105 (25 U.S.C. 4115) is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``may'' and inserting ``shall''; and
(B) by adding after and below paragraph (4) the
following:
``If the Secretary fails to act on a waiver request submitted under
this subsection by a recipient within 60 days after receipt of such
request, the waiver shall be deemed approved.''; and
(2) by adding at the end the following new subsection:
``(e) Consolidation of Environmental Review Requirements.--If a
recipient is using one or more sources of Federal funds in addition to
grant amounts under this Act in carrying out a project that qualifies
as an affordable housing activity under section 202 and the recipient's
tribe has assumed all of the responsibilities for environmental review,
decisionmaking, and action pursuant to this section, the recipient's
compliance with the National Environmental Policy Act of 1969 review
requirements under this section with regard to such project shall be
deemed to fully comply with and discharge any applicable environmental
review requirements that might apply to the use of such additional
Federal funding sources for that project.''.
SEC. 105. FAILURE TO ACT ON REQUEST FOR APPROVAL REGARDING EXCEEDING
TDC MAXIMUM COST FOR PROJECT.
A request for approval by the Secretary of Housing and Urban
Development to exceed by more than 10 percent the total development
cost maximum cost for a project shall be deemed to be approved if the
Secretary fails to take action on the request during the 60-day period
that begins on the date that the Secretary receives the request.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
Paragraph (6) of section 201(b) (25 U.S.C. 4131(b)(6); relating to
exemption) is amended--
(1) by striking ``1964 and'' and inserting ``1964,''; and
(2) by inserting after ``1968'' the following: ``, and
section 3 of the Housing and Urban Development Act of 1968''.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Section 202(9)(A) (25 U.S.C. 4132(9)(A)) is amended--
(1) by striking ``only'';
(2) by striking ``administration and planning related to'';
and
(3) by inserting ``including administration and planning,''
after ``section,''.
SEC. 203. PROGRAM REQUIREMENTS.
Section 203 (25 U.S.C. 4133) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``paragraph (2)''
and inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following new
paragraph:
``(3) Application of tribal policies.--Paragraph (2) shall
not apply if the recipient has a written policy governing rents
and homebuyer payments charged for dwelling units and such
policy does not include a provision governing maximum rents or
homebuyer payments.'';
(2) in subsection (c), by striking ``or assisted with'' and
inserting ``by a recipient''; and
(3) in subsection (e), by striking ``assisted with'' and
inserting ``units that are owned or operated by a recipient
using''.
SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Section 205 (25 U.S.C. 4135) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subsection:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental tenant for conversion to
a homebuyer or a lease-purchase unit, that the current
rental tenant can purchase through a contract of sale,
lease-purchase agreement, or any other sales agreement,
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''; and
(B) in paragraph (2)--
(i) by striking ``satisfactory to the
Secretary'' and inserting ``in such form as the
Secretary shall, by regulation, require''; and
(ii) by striking ``Secretary)'' and
inserting ``recipient)''; and
(2) in subsection (c), by adding after the period at the
end the following: ``The provisions of such paragraph regarding
binding commitments for the remaining useful life of the
property shall not apply to improvements of privately owned
homes if the cost of such improvements do not exceed 10 percent
of the maximum total development cost for such home.''.
SEC. 205. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 (25 U.S.C. 4137) is amended by adding at the end the
following new subsection:
``(c) Notice of Termination.--Notwithstanding any other provision
of law, the owner or manager of rental housing that is assisted in part
with amounts provided under this Act and in part with one or more other
sources of Federal funds shall only utilize leases that require a
notice period for the termination of the lease pursuant to subsection
(a)(3).''.
SEC. 206. TRIBAL COORDINATION OF AGENCY FUNDING.
Subtitle A of title II (25 U.S.C. 4131 et seq.) is amended by
adding at the end the following new section:
``SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING.
``Notwithstanding any other provision of law, a recipient
authorized to receive funding under this Act may, in its discretion,
use funding from the Indian Health Service of the Department of Health
and Human Services for construction of sanitation facilities for
housing construction and renovation projects that are funded in part by
funds provided under this Act.''.
TITLE III--ALLOCATION OF GRANT AMOUNTS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
The first sentence of section 108 (25 U.S.C. 4117) is amended by
striking ``such sums as may be necessary for each of fiscal years 2009
through 2013'' and inserting ``$650,000,000 for each of fiscal years
2015 through 2019''.
TITLE IV--AUDITS AND REPORTS
SEC. 401. REVIEW AND AUDIT BY SECRETARY.
Section 405(c) (25 U.S.C. 4165(c)) is amended, by adding at the end
the following new paragraph:
``(3) Failure to issue final report.--The Secretary shall
issue a final report within 60 days after receiving comments
under paragraph (1) from a recipient.''.
SEC. 402. REPORTS TO CONGRESS.
Section 407 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Financial Services and the Committee
on Natural Resources of the House of Representatives, to the
Committee on Indian Affairs and the Committee on Banking,
Housing, and Urban Affairs of the Senate, and to any
subcommittees of such committees having jurisdiction with
respect to Native American and Alaska Native affairs,''; and
(2) by adding at the end the following new subsection:
``(c) Public Availability to Recipients.--Each report submitted
pursuant to subsection (a) shall be made publicly available to
recipients.''.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR NATIVE
AMERICAN VETERANS.
Paragraph (19) of section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the
following new subparagraph:
``(D) Native american veterans.--
``(i) Authority.--Of the funds made
available for rental assistance under this
subsection for fiscal year 2015 and each fiscal
year thereafter, the Secretary shall set aside
0.1 percent for a supported housing and rental
assistance program modeled on the HUD-Veterans
Affairs Supportive Housing (HUD-VASH) program,
to be administered in conjunction with the
Department of Veterans Affairs, for the benefit
of homeless Native American veterans and
veterans at risk of homelessness.
``(ii) Recipients.--Such rental assistance
shall be made available to recipients eligible
to receive block grants under the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.).
``(iii) Funding criteria.--Funds shall be
awarded based on need, administrative capacity,
and any other funding criteria established by
the Secretary in a notice published in the
Federal Register, after consultation with the
Secretary of Veterans Affairs, by a date
sufficient to provide for implementation of the
program under this subparagraph in accordance
with clause (i).
``(iv) Program requirements.--Such funds
shall be administered by block grant recipients
in accordance with program requirements under
Native American Housing Assistance and Self-
Determination Act of 1996 in lieu of program
requirements under this Act.
``(v) Waiver.--The Secretary may waive, or
specify alternative requirements for any
provision of any statute or regulation that the
Secretary administers in connection with the
use of funds made available under this
subparagraph, but only upon a finding by the
Secretary that such waiver or alternative
requirement is necessary to promote
administrative efficiency, eliminate delay,
consolidate or eliminate duplicative or
ineffective requirements or criteria, or
otherwise provide for the effective delivery
and administration of such supportive housing
assistance to Native American veterans.
``(vi) Consultation.--The Secretary and the
Secretary of Veterans Affairs shall jointly
consult with block grant recipients and any
other appropriate tribal organizations to--
``(I) ensure that block grant
recipients administering funds made
available under the program under this
subparagraph are able to effectively
coordinate with providers of supportive
services provided in connection with
such program; and
``(II) ensure the effective
delivery of supportive services to
Native American veterans that are
homeless or at risk of homelessness
eligible to receive assistance under
this subparagraph.
Consultation pursuant to this clause shall be
completed by a date sufficient to provide for
implementation of the program under this
subparagraph in accordance with clause (i).
``(vii) Rulemaking.--The first negotiated
rulemaking committee established pursuant to
subchapter III of chapter 5 of title 5, United
States Code, for rulemaking relating to the
Native American Housing Assistance and Self-
Determination Act of 1996, or any amendments to
such Act, but that is not established to
consider matters relating to the allocation
formula under section 302 of such Act (25
U.S.C. 4152), shall review the requirements and
criteria for the supported housing and rental
assistance program under this subparagraph and
may report to the Secretary a proposed rule
revising such requirements and criteria.''.
SEC. 502. PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION ACT OF 1990.
Section 5124(a) of the Public and Assisted Housing Drug Elimination
Act of 1990 (42 U.S.C. 11903(a)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) the physical clean-up and remediation of structures
and related infrastructure damaged and rendered unfit for human
habitation or other use due to the previous conduct of
methamphetamine-related activities in such structures.''.
SEC. 503. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting
``, whether enacted before, on, or after the date of the enactment of
this section'' after ``law,''.
SEC. 504. TRAINING AND TECHNICAL ASSISTANCE.
Section 703 (25 U.S.C. 4212) is amended--
(1) by striking ``There are authorized to be appropriated''
and inserting ``Of any amounts appropriated pursuant to section
108, the Secretary may use such sums as may be necessary for'';
and
(2) by striking ``such sums as may be necessary for each of
fiscal years 2009 through 2013''.
SEC. 505. LOAN GUARANTEES FOR INDIAN HOUSING.
Section 184(i)(5) of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the period at
the end of the first sentence the following: ``There are
authorized to be appropriated for such costs $12,200,000 for
each of fiscal years 2015 through 2019.''; and
(2) in subparagraph (5)--
(A) by striking ``2008 through 2012'' and inserting
``2015 through 2019''; and
(B) by striking ``such amount as may be provided in
appropriation Acts for'' and inserting ``$976,000,000
for each''.
SEC. 506. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A(j)(5) of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13b(j)(5)) is amended--
(1) in subparagraph (B), by inserting after the period at
the end of the first sentence the following: ``There are
authorized to be appropriated for such costs $386,000 for each
of fiscal years 2015 through 2019.''; and
(2) in subparagraph (5), by striking ``for each of fiscal
years'' and all that follows through the period at the end and
inserting ``for each of fiscal years 2015 through 2019 with an
aggregate outstanding principal amount not exceeding
$41,504,000 for each such fiscal year.''.
TITLE VI--MISCELLANEOUS
SEC. 601. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT.
Section 824 (25 U.S.C. 4243) is amended by striking ``such sums as
may be necessary'' and all that follows through the period at the end
and inserting ``$13,000,000 for each of fiscal years 2015 through
2019.''.
SEC. 602. NATIVE HIRING AND APPOINTMENT IN HUD OFFICE OF NATIVE
AMERICAN PROGRAMS.
Section 3 (25 U.S.C. 4102) is amended--
(1) by designating the first sentence as subsection (a);
and
(2) by adding at the end the following new subsection:
``(b) Native Hiring and Appointment.--The Secretary shall develop
and implement a policy that promotes increased hiring and appointment
of Indians and Native Hawaiians (as such term is defined in section
801) to vacancies in any positions in the Department of Housing and
Urban Development's Office of Native American Programs that involve the
administration of functions or services affecting Indians or Native
Hawaiians.''.
SEC. 603. LANDS TITLE REPORT COMMISSION.
Section 501 of the American Homeownership and Economic Opportunity
Act of 2000 (25 U.S.C. 4043 note) is amended--
(1) in subsection (a), by striking ``Subject to sums being
provided in advance in appropriations Acts, there'' and
inserting ``There''; and
(2) in subsection (b)(1) by striking ``this Act'' and
inserting ``the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2014''.
SEC. 604. LIMITATION ON USE OF FUNDS FOR CHEROKEE NATION.
Section 801 of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 (Public Law 110-411) is
amended by striking ``Temporary Order and Temporary Injunction issued
on May 14, 2007, by the District Court of the Cherokee Nation'' and
inserting ``Order issued September 21, 2011, by the Federal District
Court for the District of Columbia''.
SEC. 605. CLERICAL AMENDMENT.
The table of contents in section 1(b) of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
note) is amended by striking the item relating to section 206
(treatment of funds).
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