[104th Congress Public Law 330]
[From the U.S. Government Printing Office]
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[DOCID: f:publ330.104]
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NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996
[[Page 110 STAT. 4016]]
Public Law 104-330
104th Congress
An Act
To provide Federal assistance for Indian tribes in a manner that
recognizes the right of tribal self-governance, and for other
purposes. <<NOTE: Oct. 26, 1996 - [H.R. 3219]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Native American
Housing Assistance and Self-Determination Act of 1996.>>
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) <<NOTE: 25 USC 4101 note.>> 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. Environmental 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. Types 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.
[[Page 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 program 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
purposes.
Sec. 703. Training and technical assistance.
Sec. 704. Public and Assisted Housing Drug Elimination Act of 1990.
Sec. 705. Effective date.
SEC. 2. <<NOTE: 25 USC 4101.>> CONGRESSIONAL FINDINGS.
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 government involvement in their day-to-day
activities;
(2) there exists a unique relationship between the
Government 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 and 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
environments is an essential element in the special role of the
United
[[Page 110 STAT. 4018]]
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 Government
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 Indian lands to achieve the goals
of economic self-sufficiency and self-determination for tribes
and their members; and
(7) Federal assistance to meet these responsibilities should
be provided in a manner that recognizes the right of Indian
self-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 Public Law 93-638 (25 U.S.C. 450 et seq.).
SEC. 3. <<NOTE: 25 USC 4102.>> 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.
SEC. 4. <<NOTE: 25 USC 4103.>> DEFINITIONS.
For purposes of this Act, the following definitions shall 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; and
(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 employment- or
education-related travel.
[[Page 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 II. 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 activity'' 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 family'' 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 from all
sources of each member of the household, as determined in
accordance with criteria prescribed by the Secretary, except
that the following amounts may not be 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
recognized tribe.
(B) Federally recognized tribe.--The term
``federally recognized 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
[[Page 110 STAT. 4020]]
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 pursuant 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 under tribal
membership eligibility criteria in
existence on the date of the enactment
of this Act; and
(II) nothing in this paragraph shall
be construed 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 person''
means a person who is at least 55 years of age and less than 62
years of age.
(16) Nonprofit.--The term ``nonprofit'' means, with respect
to an organization, 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--
[[Page 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 syndrome or any conditions
arising from the etiologic agent for acquired immunodeficiency
syndrome. 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 implement the preceding sentence.
(18) Recipient.--The term ``recipient'' means an Indian
tribe or the entity for one or more Indian tribes that is
authorized 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
Housing 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 entity''
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 Indian 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 tribal 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,
[[Page 110 STAT. 4022]]
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
SEC. 101. <<NOTE: 25 USC 4111.>> 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 under
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 under paragraph (1), in whole or in part, if
the Secretary finds that an Indian tribe has not complied 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 from
all 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
governmental services, including police and fire protection,
roads, water and sewerage systems, utilities systems and related
facilities, 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;
[[Page 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.--Notwithstanding
subsection (d), a grant recipient that does not comply with the
requirements under such subsection may receive a block grant under this
Act, but only if the tribe, State, city, county, or other political
subdivision in which the affordable housing development is located
contributes, in the form of cash or tax remission, the amount 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 fiscal year shall
be--
(1) in the case of a recipient whose grant beneficiary is a
single Indian tribe, the amount 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 Indian housing plan approved under
section 103.
(h) <<NOTE: Regulations.>> Administrative Expenses.--The Secretary
shall, by regulation, authorize each recipient to use a percentage of
any grant amounts received under 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 plan.
SEC. 102. <<NOTE: 25 USC 4112.>> INDIAN HOUSING PLANS.
(a) Plan Submission.--The Secretary shall provide--
(1) for an Indian tribe to submit to the Secretary, for each
fiscal year, a housing plan under 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-
[[Page 110 STAT. 4024]]
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 analysis 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 jurisdiction 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 leverage 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
availability of housing from other public sources,
private market housing, and 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
Community Development Act of 1992, and other housing
assistance
[[Page 110 STAT. 4025]]
provided by the Federal Government for Indian tribes,
including loans, grants, and mortgage insurance;
(C) a description of the manner 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, and the requirements and assistance available
under such programs;
(H) a description of any housing to be demolished or
disposed of, a timetable for such demolition or
disposition, 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 and 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 under the plan, including the
organizational capacity and key personnel of the entity.
(5) Certification of compliance.--Evidence of compliance
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
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 may be established by the Secretary;
[[Page 110 STAT. 4026]]
(C) 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
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
governing rents charged, including the methods by which
such rents or homebuyer payments 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
governing 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 designated 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
than 1 Indian tribe, but only if the certification requirements 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, pursuant to
section 106.
SEC. 103. <<NOTE: 25 USC 4113.>> 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.
[[Page 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 Noncompliance.--If the
Secretary determines that a plan, as submitted, does not comply with the
requirements under section 102, the Secretary shall specify in the
notice under subsection (a) the reasons for the noncompliance and any
modifications necessary for the plan to meet the requirements under
section 102.
(c) Review.--After submission of the Indian housing plan or any
amendment or modification to the plan to the Secretary, to the extent
that the Secretary considers such action to be necessary to make
determinations under this subsection, the Secretary shall review the
plan (including any amendments or modifications thereto) to determine
whether the contents of the plan--
(1) set forth the information required by section 102 to be
contained in an Indian housing plan;
(2) are consistent with information and data available to
the Secretary; and
(3) are prohibited by or inconsistent with any provision of
this Act or other applicable law.
If the Secretary determines that any of the appropriate certifications
required under section 102(c)(5) are not 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 under section
102(b) or the 1-year period under section 102(c)) by submitting only
such information regarding such changes as may be necessary to update
the plan previously submitted. Not less than once every 5 years, the
tribe shall submit a 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 under this Act in fiscal year
1998.
SEC. 104. <<NOTE: 25 USC 4114.>> TREATMENT OF PROGRAM INCOME AND LABOR
STANDARDS.
(a) Program Income.--
(1) Authority to retain.--A recipient may retain any program
income that is realized from any grant amounts under this Act
if--
(A) such income was realized after the initial
disbursement 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
accordance with the provisions of this Act.
[[Page 110 STAT. 4028]]
(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 an unreasonable
administrative burden on the recipient.
(b) Labor Standards.--
(1) <<NOTE: Contracts. Certification.>> In general.--Any
contract or agreement for assistance, sale, or lease pursuant to
this Act shall contain a provision requiring that not less than
the wages prevailing in the locality, as determined or adopted
(subsequent to a determination under applicable State, tribal,
or local law) by the Secretary, shall be paid to all architects,
technical engineers, draftsmen, and technicians employed in the
development, and all maintenance laborers and mechanics employed
in the operation, of the affordable housing project involved;
and shall also contain a provision that not less than the wages
prevailing in the 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 payment under
such contract or agreement.
(2) Exceptions.--Paragraph (1) and the provisions relating
to wages (pursuant to paragraph (1)) in any contract or
agreement 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.
SEC. 105. <<NOTE: 25 USC 4115.>> ENVIRONMENTAL REVIEW.
(a) In General.--
(1) Release of funds.--In order to ensure that the policies
of the National Environmental 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
effectively 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 responsibilities 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 undertake such
projects as Federal projects.
[[Page 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
amounts with respect to any particular release of funds.
(b) Procedure.--The Secretary shall approve the release of funds
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 certification 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 Environmental Policy Act of 1969 and such
other provisions of law as the regulations of the Secretary specify
insofar as those responsibilities 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 under regulations
of the Secretary;
(3) specify that the tribe has fully carried out its
responsibilities 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
regulations 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. <<NOTE: 25 USC 4116.>> REGULATIONS.
(a) Transition Requirements.--
(1) <<NOTE: Federal Register, publication.>> In general.--
Not later than 90 days after the date of the enactment of this
Act, the Secretary shall, by notice 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
[[Page 110 STAT. 4030]]
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; and
(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.--
(1) <<NOTE: Effective date.>> 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
development of proposed regulations under
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 unique government-to-government
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) shall 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.
SEC. 107. <<NOTE: 25 USC 4101 note.>> 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.
SEC. 108. <<NOTE: 25 USC 4117.>> 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, 1999, 2000,
and 2001. <<NOTE: Effective date.>> This section shall take effect on
the date of the enactment of this Act.
[[Page 110 STAT. 4031]]
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. <<NOTE: 25 USC 4131.>> NATIONAL OBJECTIVES AND ELIGIBLE
FAMILIES.
(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
activities 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 Secretary
approves the activities pursuant to such section or title
because there is a need for housing for such families that
cannot reasonably be met without such assistance. The Secretary
shall
establish limits on the amount of assistance that may be
provided 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 under 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 Indian reservation or
other Indian area is essential to the well-being of Indian
families 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 with grant
amounts provided under this Act on behalf of such tribe, to be
given (to the extent practicable) to Indian 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
[[Page 110 STAT. 4032]]
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.
SEC. 202. <<NOTE: 25 USC 4132.>> ELIGIBLE AFFORDABLE HOUSING
ACTIVITIES.
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
Secretary 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 resident
management corporations, energy auditing, activities related to
the provision of self-sufficiency and other services, and other
services related to assisting owners, tenants, contractors, and
other entities, participating or seeking to participate in other
housing activities assisted pursuant to this section.
(4) Housing management services.--The provision of
management services for affordable housing, including
preparation 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 provision
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 appropriate
for such purpose.
SEC. 203. <<NOTE: 25 USC 4133.>> PROGRAM REQUIREMENTS.
(a) Rents.--
(1) Establishment.--Subject to paragraph (2), each
recipient shall develop written policies governing rents and
homebuyer payments charged for dwelling units assisted under
this Act, including the methods by which such rents and
homebuyer 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 payment (as
[[Page 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 Indian housing referred to
in this subsection, 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 amounts 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 grant amounts under this Act.
SEC. 204. <<NOTE: 25 USC 4134.>> TYPES OF INVESTMENTS.
(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
housing activities through equity investments, interest-bearing
loans or advances, noninterest-bearing loans or advances,
interest subsidies, leveraging of private investments, or any
other form of assistance that the Secretary has determined to be
consistent with the purposes 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 carrying out affordable housing activities in investment
securities and other obligations as approved by the Secretary.
SEC. 205. <<NOTE: 25 USC 4135.>> LOW-INCOME REQUIREMENT AND INCOME
TARGETING.
(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
[[Page 110 STAT. 4034]]
determines is the longest feasible period of time consistent
with sound economics and the purposes of this Act, except upon a
foreclosure 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
affordability restrictions, as determined by the
Secretary.
(b) Exception.--Notwithstanding subsection (a), housing assisted
pursuant to section 201(b)(2) shall be considered affordable housing for
purposes of this Act.
SEC. 206. <<NOTE: 25 USC 4136.>> CERTIFICATION OF COMPLIANCE WITH
SUBSIDY LAYERING REQUIREMENTS.
With respect to housing assisted with grant amounts 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 any housing project is not any more than
is necessary to provide affordable housing.
SEC. 207. <<NOTE: 25 USC 4137.>> 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 standards;
(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 opportunity, 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
peaceful enjoyment 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
peaceful enjoyment of their premises by, persons
residing in the immediate vicinity of the premises; or
[[Page 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. <<NOTE: 25 USC 4138.>> AVAILABILITY OF RECORDS.
(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 applicant screening, lease enforcement, and eviction.
(b) Exception.--A law enforcement agency described in paragraph (1)
shall provide information under 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 locality.
(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. <<NOTE: Regulations. Procedures.>> The Secretary shall, by
regulation, establish procedures necessary to ensure that information
provided under this section to any tribe or entity is used, and
confidentiality is maintained, as required under this section.
SEC. 209. <<NOTE: 25 USC 4139.>> REPAYMENT.
If a recipient uses grant amounts to provide affordable housing
under activities under this title and, at any time during the useful
life of the housing the housing does not comply with the requirement
under section 205(2), the Secretary shall reduce future grant payments
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.
[[Page 110 STAT. 4036]]
SEC. 210. <<NOTE: 25 USC 4140.>> 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 applicability 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
SEC. 301. <<NOTE: 25 USC 4151.>> 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.
SEC. 302. <<NOTE: 25 USC 4152.>> ALLOCATION FORMULA.
(a) Establishment.-- <<NOTE: Regulations.>> The Secretary shall, by
regulations issued not later than the expiration of the 12-month 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
challenges faced by the recipient, including, but not limited to
geographic distribution within the Indian area and technical
capacity; and
(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 total amount made available for assistance
under this Act is equal to or greater 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
[[Page 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 fiscal year, 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 assistance was
provided for fiscal year 1996 shall not be less than the amount
that bears the same ratio to the total amount available for
assistance 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. <<NOTE: 25 USC 4161.>> REMEDIES FOR NONCOMPLIANCE.
(a) Actions by Secretary Affecting Grant Amounts.--Except as
provided in subsection (b), if the Secretary finds after 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 payments 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 determines 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 noncompliance, 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
[[Page 110 STAT. 4038]]
under this Act in compliance with the requirements under this Act.
(c) Referral for Civil Action.--
(1) Authority.--In lieu of, or in addition to, any action
authorized by subsection (a), if the Secretary has reason to
believe that a recipient has failed to comply substantially 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.--Any 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.
(2) Procedure.-- <<NOTE: Records.>> 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
jurisdiction 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--
(I) such modified or new findings,
which findings 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
[[Page 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. <<NOTE: 25 USC 4162.>> REPLACEMENT OF RECIPIENT.
(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 (c).
(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 opportunity for a
hearing that the recipient for the tribe has engaged 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 which
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) <<NOTE: Notification.>> the occurrence of
specific conditions, which conditions shall be specified
in written notice provided by the Secretary to the tribe
upon making the determination under subsection (b).
SEC. 403. <<NOTE: 25 USC 4163.>> MONITORING OF COMPLIANCE.
(a) Enforceable Agreements.--Each recipient, through binding
contractual agreements with owners and otherwise, shall 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 beneficiaries, 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. <<NOTE: Public information.>>
The results of each review shall be included in the performance report
of the recipient submitted to the Secretary under section 404 and made
available to the public.
(c) Performance Measures.--The Secretary shall establish such
performance measures as may be necessary to assess compliance with the
requirements of this Act.
[[Page 110 STAT. 4040]]
SEC. 404. <<NOTE: 25 USC 4164.>> PERFORMANCE REPORTS.
(a) Requirement.--For each fiscal year, each recipient shall--
(1) review the progress it has made during such fiscal year
in carrying 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 amounts 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 establish dates for submission
of reports under this section, and review such reports and make such
recommendations as the Secretary considers appropriate 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 summary of any comments received by the grant
beneficiary or recipient from citizens in its jurisdiction regarding its
program.
SEC. 405. <<NOTE: 25 USC 4165.>> 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
activities 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 this
subsection. <<NOTE: Public information.>> After taking into
consideration the comments of 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 grants under this Act in
accordance with the findings of the Secretary pursuant to reviews
[[Page 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 affordable
housing activities may not be recaptured or deducted from future
assistance provided on behalf of an Indian tribe.
SEC. 406. <<NOTE: 25 USC 4166.>> GAO AUDITS.
To the extent that the financial transactions of Indian tribes and
recipients of grant amounts under 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. <<NOTE: 25 USC 4167.>> REPORTS TO CONGRESS.
(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--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.
(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)-- <<NOTE: 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
subparagraph (G);
(B) in paragraph (6), by striking the last sentence;
(C) in paragraph (7)--
[[Page 110 STAT. 4042]]
(i) by inserting ``and'' before ``the Trust'';
and
(ii) by striking ``, and Indian tribes''; and
(D) by striking paragraphs (9), (10), (11), and
(12);
(2) in section 5-- <<NOTE: 42 USC 1437c.>>
(A) in subsection (j)(1), by striking ``(other than
for Indian families)''; and
(B) by striking subsection (l);
(3) in section 6(b)(1), <<NOTE: 42 USC 1437d.>> by striking
``and public housing for Indians and Alaska Natives in
accordance with the Indian Housing Act of 1988'';
(4) in subsection 7, <<NOTE: 42 USC 1437e.>> by striking
subsection (l);
(5) in section 9(a)(1)(A), <<NOTE: 42 USC 1437g.>> 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'';
(6) in section 14-- <<NOTE: 42 USC 1437l.>>
(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 housing projects)''; and
(iii) in clause (ii), by striking ``(or Indian
tribe)'';
(7) in section 16-- <<NOTE: 42 USC 1437n.>>
(A) in subsection (d)--
(i) by striking the paragraph designation for
paragraph (1); and
(ii) by striking paragraph (2); and
(B) in subsection (e), by striking paragraph (3);
(8) in section 23(o), <<NOTE: 42 USC 1437u.>> by striking
paragraph (2);
(9) in section 24(h)(3), <<NOTE: 42 USC 1437v.>> by
striking ``, except that it does not include any Indian housing
authority'';
(10) in section 25(m)(4), <<NOTE: 42 USC 1437w.>> by
striking ``, except that it does not include Indian housing
authorities''; and
(11) in section 26, <<NOTE: 42 USC 1437x.>> 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'';
(2) in section 306-- <<NOTE: 42 USC 1437aaa-5.>>
(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, <<NOTE: 42 USC 1437aaa-6.>> 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.
[[Page 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-
graph (6);
(B) 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) through (6), respectively;
and
(D) in subsection (l)(5)(B), by striking ``units of
general local government, and Indian housing
authorities'' and inserting ``and Indian housing
authorities''.
(3) Allocation of funds.--Section 213(d)(1)(B)(ii) of the
Housing and Community Development Act of 1974 (42 U.S.C. 1439)
is amended by striking ``and Indian''.
SEC. 502. <<NOTE: 25 USC 4181.>> TERMINATION OF INDIAN HOUSING
ASSISTANCE UNDER UNITED STATES HOUSING ACT OF 1937.
(a) Termination of Assistance.--After September 30, 1997, financial
assistance 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. <<NOTE: 25 USC 4182.>> TERMINATION OF NEW COMMITMENTS FOR
RENTAL
ASSISTANCE.
After September 30, 1997, financial assistance for rental housing
assistance under the United States Housing Act of 1937 may not be
provided to any Indian housing authority or tribally designated 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 assistance 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 <<NOTE: 42 USC 12899i.>>
as section 461; and
[[Page 110 STAT. 4044]]
(2) by inserting after section 459 the following new
section:
``SEC. 460. <<NOTE: 42 USC 12899h-1.>> 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 thereafter.''.
(b) <<NOTE: 42 USC 12899h-1 note.>> 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
thereafter.
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)-- <<NOTE: 42 USC 12747.>>
(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-- <<NOTE: 42 USC 12838.>>
(A) in subsection (a), by striking ``, Indian
tribes,'';
(B) in subsection (b), by striking ``, Indian
tribe,''; and
(C) in subsection (c)(4), by striking ``, Indian
tribe,''.
(b) <<NOTE: 42 USC 12747 note.>> 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, <<NOTE: 42 USC 11371.>> by striking
paragraph (10);
(2) in section 412, <<NOTE: 42 USC 11372.>> by striking ``,
and for Indian tribes,'';
(3) in section 413-- <<NOTE: 42 USC 11373.>>
(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)-- <<NOTE: 42 USC 11374.>>
(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), <<NOTE: 42 USC 11375.>> by
striking ``Indian tribes,'';
(6) in section 416(b), <<NOTE: 42 USC 11376.>> by striking
``Indian tribe,'';
(7) in section 422-- <<NOTE: 42 USC 11382.>>
(A) by striking ``Indian tribe,''; and
(B) by striking paragraph (3);
(8) in section 441-- <<NOTE: 42 USC 11401.>>
(A) by striking subsection (g);
[[Page 110 STAT. 4045]]
(B) in subsection (h), by striking ``or Indian
housing authority''; and
(C) in subsection (j)(1), by striking ``, Indian
housing authority'';
(9) in section 462-- <<NOTE: 42 USC 11403g.>>
(A) in paragraph (2), by striking ``, Indian
tribe,''; and
(B) by striking paragraph (4); and
(10) in section 491(e), <<NOTE: 42 USC 11408.>> by striking
``, Indian tribes (as such 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) <<NOTE: 42 USC 11371 note.>> Applicability.--The amendments
under subsections (a) and (b) shall apply with respect to amounts made
available for assistance under title IV of the Stewart B. McKinney
Homeless Assistance Act and section 2 of the HUD Demonstration Act of
1993, respectively, for fiscal year 1998 and fiscal years thereafter.
SEC. 507. <<NOTE: 25 USC 4183.>> 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 under 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 IV of the Stewart B. McKinney Homeless
Assistance Act, or section 2 of the HUD Demonstration Act of 1993.
(b) Obligations Under Repealed Provisions.--Notwithstanding the
amendments made by this title, any obligation of the
Secretary made under or pursuant 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 IV 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. <<NOTE: 25 USC 4181 note.>> EFFECTIVE DATE.
Sections 502, 503, and 507 shall take effect on the date of the
enactment of this Act.
[[Page 110 STAT. 4046]]
TITLE VI--FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
ACTIVITIES
SEC. 601. <<NOTE: 25 USC 4191.>> AUTHORITY AND REQUIREMENTS.
(a) Authority.--To such extent or in such amounts as provided in
appropriations Acts, the Secretary may, subject to the limitations of
this title (including limitations designed to protect and maintain the
viability of rental housing units 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), and upon such terms and conditions as the
Secretary may prescribe, guarantee and make commitments to guarantee,
the notes or other obligations issued by Indian 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 pursuant
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 repayment 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 under 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.
SEC. 602. <<NOTE: 25 USC 4192.>> 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--
(1) <<NOTE: Contracts.>> enter into a contract, in a form
acceptable to the
Secretary, for repayment of notes or other obligations
guaranteed under this title;
(2) pledge any grant for which the issuer may become
eligible under this Act;
(3) demonstrate that the extent of such issuance and
guarantee under this title is within the financial capacity of
the tribe and is not likely to impair the ability to use grant
[[Page 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 repayments 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
obligations 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 under 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. <<NOTE: 25 USC 4193.>> PAYMENT OF INTEREST.
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, underwriting, 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. <<NOTE: 25 USC 4194.>> TRAINING AND INFORMATION.
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. <<NOTE: 25 USC 4195.>> LIMITATIONS ON AMOUNT OF GUARANTEES.
(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 appropriations 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.
[[Page 110 STAT. 4048]]
(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 under 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 shall not at any 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 may--
(1) impose limitations 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.
SEC. 606. <<NOTE: 25 USC 4191 note.>> EFFECTIVE DATE.
This title shall 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 Act of 1992 (12
U.S.C. 1515z-13a) <<NOTE: 12 USC 1715z-13a.>> is amended--
(1) in subsection (a)--
(A) by striking ``and Indian housing authorities''
and 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 land'' and inserting ``lands or as a result of a lack
of access to private financial markets''.
(c) IHP Requirement.--Section 184(b)(2) of the Housing and Community
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 homeownership housing in such areas''.
[[Page 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 paragraph (1)(A)--
(A) in the first sentence of clause (i), by striking
``in a court of competent jurisdiction''; and
(B) by striking clause (ii) and inserting the
following:
``(ii) No foreclosure.--Without seeking
foreclosure (or in any case in which a foreclosure
proceeding initiated under 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 obligation 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
assignment, the Secretary shall pay to the holder
of the
guarantee the pro rata portion of the amount
guaranteed (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 obligation 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
Community 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:
[[Page 110 STAT. 4050]]
``(A) is authorized to engage in or assist in the
development or operation of--
``(i) low-income housing for Indians; or
``(ii) housing subject to the provisions of
this section; 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-Determination
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 Community 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 guarantee (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 amounts 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''.
SEC. 702. <<NOTE: 25 USC 4211.>> 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.
[[Page 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 any 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. <<NOTE: 25 USC 4212. Appropriation authorization.>> 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-- <<NOTE: 42 USC 11902.>>
(A) by striking ``(including Indian Housing
Authorities)''; and
(B) by inserting ``tribally designated housing
entities,'' before ``and private''; and
(2) in section 5124(a)(7)-- <<NOTE: 42 USC 11903.>>
(A) by inserting ``or tribally designated housing
entity'' after ``public housing agency''; and
(B) by striking ``public housing'' after nonprofit;
(3) in section 5125, <<NOTE: 42 USC 11904.>> by inserting
``a tribally designated housing entity,'' after ``resident
management corporation,''; and
(4) in section 5126-- <<NOTE: 42 USC 11905.>>
(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.''.
[[Page 110 STAT. 4052]]
SEC. 705. <<NOTE: 25 USC 4211 note.>> EFFECTIVE DATE.
This title and 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:
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CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 28, considered and passed House.
Oct. 3, considered and passed Senate.
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