[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 3219 Engrossed in House (EH)]
2d Session
H. R. 3219
_______________________________________________________________________
AN ACT
To provide Federal assistance for Indian tribes in a manner that
recognizes the right of tribal self-governance, and for other purposes.
104th CONGRESS
2d Session
H. R. 3219
_______________________________________________________________________
AN ACT
To provide Federal assistance for Indian tribes in a manner that
recognizes the right of tribal self-governance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Act of 1996''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Congressional findings.
Sec. 3. Administration through Office of Native American Programs.
Sec. 4. Definitions.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. 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.
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. 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 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. 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. 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
disabilities.--$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.
(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 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--
(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, 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. 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;
(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) 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. 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-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 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;
(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. 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.
(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. 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.
(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) 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. 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.
(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. REGULATIONS.
(a) Transition Requirements.--
(1) 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
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) 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. 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. 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. This section shall take effect on the date of the
enactment of this Act.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. 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 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. 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. 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 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. 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. 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
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. 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. 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
(C) is criminal activity (including drug-related
criminal activity) on or off the premises.
(b) Tenant Selection.--The owner or manager of affordable rental
housing assisted with grant amounts provided under this Act shall adopt
and utilize written tenant selection policies and criteria that--
(1) are consistent with the purpose of providing housing
for low-income families;
(2) are reasonably related to program eligibility and the
ability of the applicant to perform the obligations of the
lease; and
(3) provide for--
(A) the selection of tenants from a written waiting
list in accordance with the policies and goals set
forth in the Indian housing plan for the tribe that is
the grant beneficiary of such grant amounts; and
(B) the prompt notification in writing of any
rejected applicant of the grounds for any rejection.
SEC. 208. AVAILABILITY OF RECORDS.
(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. 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. 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.
SEC. 210. CONTINUED USE OF AMOUNTS FOR AFFORDABLE HOUSING.
Any funds for programs for low-income housing under the United
States Housing Act of 1937 that, on the date of the 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. 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. ALLOCATION FORMULA.
(a) Establishment.--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 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. 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 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.--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 review by the Supreme Court of the United States
upon writ of certiorari or certification as provided in section
1254 of title 28, United State Code.
SEC. 402. REPLACEMENT OF RECIPIENT.
(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) 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. 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. 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.
SEC. 404. PERFORMANCE REPORTS.
(a) Requirement.--For each fiscal year, each recipient shall--
(1) review the progress it has made during such fiscal year
in 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. 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. 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 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. 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. 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)--
(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)--
(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--
(A) in subsection (j)(1), by striking ``(other than
for Indian families)''; and
(B) by striking subsection (l);
(3) in section 6(b)(1), by striking ``and public housing
for Indians and Alaska Natives in accordance with the Indian
Housing Act of 1988'';
(4) in subsection 7, by striking subsection (l);
(5) in section 9(a)(1)(A), in the second sentence--
(A) by inserting ``and'' after the comma at the end
of clause (i); and
(B) by striking ``, and (iii)'' and all that
follows through ``project is occupied'';
(6) in section 14--
(A) in the section heading, by striking ``and
indian'';
(B) in subsection (e)(1)(E)--
(i) in the matter preceding clause (i), by
striking ``(or Indian tribal official, if
appropriate)'';
(ii) in clause (i)--
(I) by striking ``(or Indian tribal
officials)''; and
(II) by striking ``(or tenants of
the Indian housing projects)''; and
(iii) in clause (ii), by striking ``(or
Indian tribe)'';
(7) in section 16--
(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), by striking paragraph (2);
(9) in section 24(h)(3), by striking ``, except that it
does not include any Indian housing authority'';
(10) in section 25(m)(4), by striking ``, except that it
does not include Indian housing authorities''; and
(11) in section 26, in subsections (a)(1) and (b), by
striking ``(including an Indian housing authority)'' each place
it appears.
(c) Amendments to Title III.--Title III of the United States
Housing Act of 1937 (42 U.S.C. 1437aaa et seq.) is amended--
(1) by striking the heading for the title and inserting the
following:
``TITLE III--HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP'';
(2) in section 306--
(A) in paragraph (1)(A), by striking ``(including
an Indian housing authority)''; and
(B) in paragraph (2)(A), by striking ``or Indian'';
and
(3) in section 307, by striking ``and title II''.
(d) Other Related Provisions.--
(1) Indian housing child development.--Section 519 of the
Cranston-Gonzalez National Affordable Housing Act (12 U.S.C.
1701z-6 note) is hereby repealed.
(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
paragraph (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. 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. 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 as section 461; and
(2) by inserting after section 459 the following new
section:
``SEC. 460. INELIGIBILITY OF INDIAN TRIBES.
``Indian tribes, Indian housing authorities, and other agencies
primarily serving Indians or Indian areas shall not be eligible
applicants for amounts made available for assistance under this
subtitle for fiscal year 1997 and fiscal years thereafter.''.
(b) Applicability.--The amendments under subsection (a) shall apply
with respect to amounts made available for assistance under subtitle D
of title II of the Cranston-Gonzalez National Affordable Housing Act
for fiscal year 1998 and fiscal years 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)--
(A) in paragraph (1), by striking ``reserving
amounts under paragraph (2) for Indian tribes and
after''; and
(B) by striking paragraph (2); and
(2) in section 288--
(A) in subsection (a), by striking ``, Indian
tribes,'';
(B) in subsection (b), by striking ``, Indian
tribe,''; and
(C) in subsection (c)(4), by striking ``, Indian
tribe,''.
(b) Applicability.--The amendments under subsection (a) shall apply
with respect to amounts made available for assistance under title II of
the Cranston-Gonzalez National Affordable Housing Act for fiscal year
1998 and fiscal years thereafter.
SEC. 506. TERMINATION OF HOUSING ASSISTANCE FOR THE HOMELESS.
(a) McKinney Act Programs.--Title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended--
(1) in section 411, by striking paragraph (10);
(2) in section 412, by striking ``, and for Indian
tribes,'';
(3) in section 413--
(A) in subsection (a)--
(i) by striking ``, and to Indian
tribes,''; and
(ii) by striking ``, or for Indian tribes''
each place it appears;
(B) in subsection (c), by striking ``or Indian
tribe''; and
(C) in subsection (d)(3)--
(i) by striking ``, or Indian tribe'' each
place it appears; and
(ii) by striking ``, or other Indian
tribes,'';
(4) in section 414(a)--
(A) by striking ``or Indian tribe'' each place it
appears; and
(B) by striking ``, local government,'' each place
it appears and inserting ``or local government'';
(5) in section 415(c)(4), by striking ``Indian tribes,'';
(6) in section 416(b), by striking ``Indian tribe,'';
(7) in section 422--
(A) in by striking ``Indian tribe,''; and
(B) by striking paragraph (3);
(8) in section 441--
(A) by striking subsection (g);
(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--
(A) in paragraph (2), by striking ``, Indian
tribe,''; and
(B) by striking paragraph (4); and
(10) in section 491(e), by striking ``, Indian tribes (as
such term is defined in section 102(a) of the Housing and
Community Development Act of 1974),''.
(b) Innovative Homeless Demonstration.--Section 2(b) of the HUD
Demonstration Act of 1993 (42 U.S.C. 11301 note) is amended--
(1) in paragraph (3), by striking ```unit of general local
government', and `Indian tribe''' and inserting ``and `unit of
general local government'''; and
(2) in paragraph (4), by striking ``unit of general local
government (including units in rural areas), or Indian tribe''
and inserting ``or unit of general local government''.
(c) Applicability.--The amendments under subsections (a) 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. 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. EFFECTIVE DATE.
Sections 502, 503, and 507 shall take effect on the date of the
enactment of this Act.
TITLE VI--FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING
ACTIVITIES
SEC. 601. AUTHORITY AND REQUIREMENTS.
(a) Authority.--To such extent or in such amounts as provided in
appropriation 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. 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) 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
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. 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 appropriation Acts, assist the issuer of a
note or other obligation guaranteed under this title in the payment of
all or a portion of the principal and interest amount due under the
note or other obligation, if the Secretary determines that the issuer
is unable to pay the amount because of circumstances of extreme
hardship beyond the control of the issuer.
SEC. 604. TRAINING AND INFORMATION.
The Secretary, in cooperation with eligible public entities, shall
carry out training and information activities with respect to the
guarantee program under this title.
SEC. 605. LIMITATIONS ON AMOUNT OF GUARANTEES.
(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 appropriation 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.
(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. 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) 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''.
(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:
``(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. 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.
(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. TRAINING AND TECHNICAL ASSISTANCE.
There are authorized to be appropriated for assistance for a
national organization representing Native American housing interests
for providing training and technical assistance to Indian housing
authorities and tribally designated housing entities such sums as may
be necessary for each of fiscal years 1997, 1998, 1999, 2000, and 2001.
SEC. 704. PUBLIC AND ASSISTED HOUSING DRUG ELIMINATION ACT OF 1990.
The Public and Assisted Housing Drug Elimination Act of 1990 (42
U.S.C. 11901 et seq.) is amended--
(1) in section 5123--
(A) by striking ``(including Indian Housing
Authorities)''; and
(B) by inserting ``tribally designated housing
entities,'' before ``and private''; and
(2) in section 5124(a)(7)--
(A) by inserting ``or tribally designated housing
entity'' after ``public housing agency''; and
(B) by striking ``public housing'' after nonprofit;
(3) in section 5125, by inserting ``a tribally designated
housing entity,'' after ``resident management corporation,'';
and
(4) in section 5126--
(A) in paragraph (4)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following
new subparagraph:
``(D) the Native American Housing Assistance and
Self-Determination Act.''; and
(B) by adding at the end the following new
paragraph:
``(5) Tribally designated housing entity.--The term
`tribally designated housing entity' has the meaning given such
term in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996.''.
SEC. 705. 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.
Passed the House of Representatives September 28, 1996.
Attest:
Clerk.