[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3219 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 3219
To provide Federal assistance for Indian tribes in a manner that
recognizes the right of tribal self-governance, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 1996
Mr. Lazio of New York (for himself, Mr. Bereuter, Mr. Hayworth, and Mr.
Johnson of South Dakota) introduced the following bill; which was
referred to the Committee on Banking and Financial Services
_______________________________________________________________________
A BILL
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 and table of contents.
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. Local housing management 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 occupancy by Indian families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Required affordable housing activities.
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. Repayment.
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. Termination of Indian public housing assistance under United
States Housing Act of 1937.
Sec. 502. Termination of new commitments for rental assistance.
Sec. 503. Termination of youthbuild program assistance.
Sec. 504. Termination of HOME program assistance.
Sec. 505. Termination of housing assistance for the homeless.
Sec. 506. Savings provision.
Sec. 507. Effective date.
TITLE VI--LOAN GUARANTEES FOR AFFORDABLE HOUSING ACTIVITIES
Sec. 601. Authority and requirements.
Sec. 602. Security and repayment.
Sec. 603. Interest.
Sec. 604. Treasury borrowing.
Sec. 605. Training and information.
Sec. 606. Limitations on amount of guarantees.
Sec. 607. Effective date.
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 701. Loan guarantees for Indian housing.
Sec. 702. 40-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 703. National American Indian Housing Council.
Sec. 704. Effective date.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress hereby 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 that are safe,
clean, and healthy 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 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) clause 3 of section 8 of article I of the Constitution
of the United States provides that ``The Congress shall have
Power . . . To regulate Commerce . . . with the Indian tribes''
and pursuant to this and other constitutional authority, the
Congress has plenary power over Indian affairs;
(4) the Congress, through treaties, statutes, and the
general course of dealing with Indian tribes, has assumed the
responsibility for the protection and preservation of Indian
tribes and for working with tribes and their members to improve
their socio-economic status so that they are able to take
greater responsibility for their own economic condition;
(5) providing affordable and healthy homes is an essential
element in the Federal Government's role in helping tribes and
their members to achieve a socio-economic status comparable to
their non-Indian neighbors;
(6) the need for affordable and healthy homes 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
tribal self-governance by making such assistance available
directly to the tribes or tribally designated entities.
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) 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.
(2) Families and persons.--
(A) Single persons.--The term ``families'' includes
families consisting of a single person in the case of
(i) an elderly person, (ii) a disabled person, (iii) a
displaced person, (iv) the remaining member of a tenant
family, and (v) any other single persons.
(B) Families.--The term ``families'' includes
families with children and, in the cases of elderly
families, near-elderly families, and disabled families,
means families whose heads (or their spouses), or whose
sole members, are elderly, near-elderly, or persons
with disabilities, respectively. The term includes, in
the cases of elderly families, near-elderly families,
and disabled families, 2 or more elderly persons, near-
elderly persons, or persons with disabilities living
together, and 1 or more such persons living with 1 or
more persons determined under the regulations of the
Secretary to be essential to their care or well-being.
(C) Absence of children.--The temporary absence of
a child from the home due to placement in foster care
shall not be considered in determining family
composition and family size for purposes of this Act.
(D) Elderly person.--The term ``elderly person''
means a person who is at least 62 years of age.
(E) Person with disabilities.--The term ``person
with disabilities'' means a person who--
(i) has a disability as defined in section
223 of the Social Security Act,
(ii) 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
(iii) 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.
(F) Displaced person.--The term ``displaced
person'' means a person displaced by governmental
action, or a person whose dwelling has been extensively
damaged or destroyed as a result of a disaster declared
or otherwise formally recognized pursuant to Federal
disaster relief laws.
(G) Near-elderly person.--The term ``near-elderly
person'' means a person who is at least 50 years of age
but below the age of 62.
(3) 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.
(4) Indian.--The term ``Indian'' means any person who is a
member of an Indian tribe.
(5) Indian area.--The term ``Indian area'' means the area
within which a tribally designated housing entity is authorized
to provide assistance under this Act for affordable housing.
(6) Indian tribe.--The term ``Indian tribe'' means--
(A) any Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the
Secretary of the Interior acknowledges to exist as an
Indian tribe pursuant to the Federally Recognized
Indian Tribe List Act of 1994; and
(B) any tribe, band, nation, pueblo, village, or
community that--
(i) has been recognized as an Indian tribe
by any State; and
(ii) for which an Indian housing authority
is eligible, on the date of the enactment of
this Act, to enter into a contract with the
Secretary pursuant to the United States Housing
Act of 1937.
(7) Local housing management plan.--The term ``local
housing management plan'' means a plan under section 102.
(8) 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, 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 authority's findings that such variations are necessary
because of unusually high or low family incomes.
(9) Median income.--The term ``median income'' means, with
respect to an area, the greater of--
(A) the median income for such area; or
(B) the median income for the United States.
(10) Recipient.--The term ``recipient'' means the entity
for an Indian tribe that is authorized to receive grant amounts
under this Act on behalf of the tribe, which may only be the
tribe or the tribally designated housing entity for the tribe.
(11) Tribally designated housing entity.--The terms
``tribally designated housing entity'' and ``housing entity''
mean--
(A) an entity other than the tribal government
that--
(i) is authorized to receive grant amounts
and provide assistance under this Act for
affordable housing for Indians; and
(ii) is established--
(I) by exercise of the power of
self-government of an Indian tribe
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; and
(B) any Indian housing authority that--
(i) was established for purposes of the
United States Housing Act of 1937 before the
date of the enactment of this Act and meets the
requirements under the United States Housing
Act of 1937; and
(ii) is not an Indian tribe for purposes of
this Act.
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.
Nothing in this Act may be construed to affect the existence,
or the ability to operate, of any Indian housing authority
established before the date of the enactment of this Act by a
State-recognized tribe, band, nation, pueblo, village, or
community of Indian or Alaska Natives that is not an Indian
tribe for purposes of this Act.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development, except as otherwise specified
in this Act.
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) Condition of Grant.--The Secretary may make a grant under this
Act on behalf of an Indian tribe for a fiscal year only if--
(1) the Indian tribe has submitted to the Secretary a local
housing management plan for such fiscal year under section 102;
and
(2) the plan has been determined under section 103 to
comply with the requirements of section 102.
(c) Amount.--Except as otherwise provided under title II, 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.
(d) Use for Affordable Housing Activities.--Except as provided in
subsection (f), amounts provided under a grant under this section may
be used only for affordable housing activities under title II.
(e) Effectuation of LHMP.--Except as provided in subsection (f),
amounts provided under a grant under this section may be used only for
affordable housing activities that are consistent with the approved
local housing management plan under section 103 for the grant
beneficiary on whose behalf the grant is made.
(f) Administrative Expenses.--
(1) In general.--The Secretary shall, by regulation,
authorize each recipient to use a percentage of any grant
amounts received under this Act for any 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 a local housing management plan under
section 102.
(2) Contents of regulations.--The regulations referred to
in paragraph (1) shall provide that--
(A) the Secretary shall, for each recipient,
establish a percentage referred to in paragraph (1)
based on the specific circumstances of the recipient
and the tribes served by the recipient; and
(B) the Secretary may review the percentage for a
recipient upon the written request of the recipient
specifying the need for such review or the initiative
of the Secretary and, pursuant to such review, may
revise the percentage established for the recipient.
(3) Development of regulations under negotiated rulemaking
procedure.--Notwithstanding sections 563(a) and 565(a) of title
5, United States Code, the regulations required under this
subsection shall be issued according to a negotiated rulemaking
procedure under subchapter III of chapter 5 of title 5, United
States Code. The Secretary shall establish a negotiated
rulemaking committee for development of any such proposed
regulations, which shall include representatives of Indian
tribes.
(g) 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
local housing management plan for the tribe that is the grant
beneficiary.
SEC. 102. LOCAL HOUSING MANAGEMENT PLANS.
(a) In General.--
(1) Submission.--The Secretary shall provide for an Indian
tribe to submit to the Secretary, for each fiscal year, a local
housing management plan under this section for the tribe (or
for the tribally designated housing entity for a tribe to
submit the plan under subsection (e) for the tribe) and for the
review of such plans.
(2) Locally driven national objectives.--A local housing
management plan shall describe--
(A) the mission of the tribe with respect to
affordable housing or, in the case of a recipient that
is a tribally designated housing entity, the mission of
the housing entity;
(B) the goals, objectives, and policies of the
recipient to meet the housing needs of low-income
families in the jurisdiction of the housing entity,
which shall be designed to achieve the national
objectives under section 201(a); and
(C) how the locally established mission and
policies of the recipient are designed to achieve, and
are consistent with, the national objectives under
section 201(a).
(b) Contents.--A local housing management plan under this section
for an Indian tribe shall contain the following information relating to
the upcoming fiscal year for which the assistance under this Act is to
be made available:
(1) Financial resources.--An operating budget for the
recipient for the tribe that includes--
(A) 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 how amounts made available
will leverage such additional resources and
identification of any tribal or publicly owned land or
property that may be utilized to carry out the purposes
of this Act; and
(B) the uses to which such resources will be
committed, including eligible and required affordable
housing activities under title II to be assisted and
administrative expenses.
(2) Affordable housing.--For the jurisdiction within which
the recipient is authorized to use assistance under this Act--
(A) a description of the estimated housing needs
and the need for assistance for very low-income and
moderate-income families, specifying such needs for
different types of tenure and for different categories
of residents, such as low-income and moderate-income
families, elderly persons, persons with disabilities,
single persons, large families, families who are
participating in an organized program to achieve
economic independence and self-sufficiency, persons
with acquired immunodeficiency syndrome, and other
categories of persons that the Secretary determines to
be appropriate;
(B) a description of the nature and extent of
homelessness, including an estimate of the special
needs of various categories of persons who are homeless
or threatened with homelessness, and a description of
the recipient's strategy for (i) helping low-income
families avoid becoming homeless, (ii) addressing the
emergency shelter and transitional housing needs of
homeless persons (including a brief inventory of
available facilities and services that meet such needs,
and (iii) helping homeless persons make the transition
to permanent housing and independent living;
(C) a description of the significant
characteristics of the housing market, indicating how
such characteristics will influence the use of amounts
made available under this Act for rental assistance,
production of new units, rehabilitation of old units,
or acquisition of existing units;
(D) an explanation of whether the cost of housing
or the incentives to develop, maintain, or improve
affordable housing are affected by public policies
(including policies of the recipient, tax policies
affecting land and other property, land use controls,
zoning ordinances, building codes, fees and charges,
growth limits, and policies that affect the return on
residential investment) and a description of the
strategy to remove or ameliorate negative effects, if
any, of such policies;
(E) an explanation of the institutional structure,
including private industry, nonprofit organizations,
and public institutions, through which the recipient
will carry out housing activities under the local
housing management plan, assessing the strengths and
gaps in the delivery system and describing what the
recipient will do to overcome any such gaps;
(F) a description of how the plan will address the
housing needs identified pursuant to subparagraphs (A)
and (B), describing the reasons for allocation
priorities, and identify any obstacles to addressing
underserved needs;
(G) a description of the means of cooperation and
coordination between the recipient and any State or
units of general local government in the development,
submission, and implementation of their housing plans;
(H) a description of the standards and procedures
under which the recipient will monitor activities
assisted under this Act and ensure long-term compliance
with the provisions of this Act;
(I) a certification that the recipient comply with
title II of the Civil Rights Act of 1968 in carrying
out this Act, to the extent that such title is
applicable;
(J) a statement of the number of families for whom
the recipient will provide affordable housing using
grant amounts provided under this Act; and
(K) taking into consideration only factors over
which the recipient has control, a description of the
goals, programs, and policies for reducing the number
of households with incomes below the poverty line (as
defined by the Office of Management and Budget and
revised annually) and, in consultation with other
appropriate public and private agencies, a statement of
how the goals, programs, and policies for producing and
preserving affordable housing will be coordinated with
other programs and services for which the recipient is
responsible and the extent to which they will reduce
(or assist in reducing) the number of households with
incomes below the poverty line; and
(3) Indian housing developed under united states housing
act of 1937.--A plan describing how the recipient for the tribe
will comply with the requirements under section 203 relating to
low-income housing owned or operated by the housing entity that
was developed pursuant to a contract between the Secretary and
an Indian housing authority pursuant to the United States
Housing Act of 1937, which shall include--
(A) an estimate of the market rent value of any
such housing owned or operated by the housing entity;
(B) a statement of the policies of the recipient
governing eligibility, admissions, and occupancy of
families with respect to dwelling units in such
housing;
(C) a statement of the policies of the recipient
governing rents charged for dwelling units in such
housing, including--
(i) the methods by which such rents are
determined; and
(ii) an analysis of how such methods
affect--
(I) the ability of the recipient to
provide affordable housing for low-
income families having a broad range of
incomes;
(II) the affordability of housing
for families having incomes that do not
exceed 30 percent of the median family
income for the area; and
(III) the availability of other
financial resources to the recipient
for use for such housing;
(D) a statement of the standards and policies of
the recipient governing maintenance and management of
such housing, and management of the recipient with
respect to administration of such housing, including--
(i) housing quality standards;
(ii) routine and preventative maintenance
policies;
(iii) emergency and disaster plans;
(iv) rent collection and security policies;
(v) priorities and improvements for
management of the housing; and
(vi) priorities and improvements for
management of the recipient, including
improvement of electronic information systems
to facilitate managerial capacity and
efficiency;
(E) a plan describing--
(i) the capital improvements necessary to
ensure long-term physical and social viability
of such housing; and
(ii) the priorities of the recipient for
capital improvements of such housing based on
analysis of available financial resources,
consultation with residents, and health and
safety considerations;
(F) a description of any such housing to be
demolished or disposed of, a timetable for such
demolition or disposition, and any information required
under law with respect to such demolition or
disposition;
(G) a description of any homeownership programs of
the recipient to be carried out with respect to such
housing and the requirements and assistance available
under such programs;
(H) a description of how 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; and
(I) a description of the requirements established
by the recipient that promote the safety of residents
of such housing, facilitate the housing entity
undertaking crime prevention measures (such as
community policing, where appropriate), allow resident
input and involvement, and allow for creative methods
to increase resident safety by coordinating crime
prevention efforts between the recipient and tribal or
local law enforcement officials.
(4) Indian housing loan guarantees.--A description of the
manner in which and extent to which loan guarantees under
section 184 of the Housing and Community Development Act of
1992 and title VI of this Act will be used to help in meeting
the needs for affordable housing in the jurisdiction of the
recipient for the tribe.
(5) Distribution of assistance.--A description of--
(A) the geographical distribution (within the
jurisdiction of the recipient for the tribe) of the use
of grant amounts and how such geographical distribution
is consistent with the geographical distribution of
housing need (within such jurisdiction); and
(B) the distribution of the use of such assistance
for various categories of housing and how use for such
various categories is consistent with the priorities of
housing need (within the jurisdiction of the
recipient).
(c) 5-Year Plan.--Each local housing management plan under this
section for an Indian tribe shall contain, with respect to the 5-year
period beginning with the fiscal year for which the plan is submitted,
the following information:
(1) Locally driven national objectives.--The information
described in subsection (a)(2).
(2) Capital improvement overview.--If the recipient will
provide capital improvements for housing described in
subsection (b)(3) during such period, an overview of such
improvements, the rationale for such improvements, and an
analysis of how such improvements will enable the recipient to
meet its goals, objectives, and mission.
(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 has had an
opportunity to review the plan and has authorized the submission of the
plan by the housing entity.
(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 shall 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.
Such requirements shall 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 shall 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) Negotiated Rulemaking.--The requirements relating to the
contents of plans under this section shall be established by
regulation. Notwithstanding sections 563(a) and 565(a) of title 5,
United States Code, any proposed regulation relating to the required
contents of plans under this section shall be issued pursuant to a
negotiated rulemaking procedure under subchapter III of chapter 5 of
such title. The Secretary shall establish a negotiated rulemaking
committee for development of any such proposed regulations, which shall
include representatives of Indian tribes.
SEC. 103. REVIEW OF PLANS.
(a) Review and Notice.--
(1) Review.--The Secretary shall conduct a limited review
of each local housing management 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 45 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 45-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) Standards for Determination of Noncompliance.--The Secretary
may determine that a plan does not comply with the requirements under
section 102 only if--
(1) the plan is not consistent with the national objectives
under section 201(a);
(2) the plan is incomplete in significant matters required
under such section;
(3) there is evidence available to the Secretary that
challenges, in a substantial manner, any information provided
in the plan; or
(4) the Secretary determines that the plan violates the
purposes of this Act because it fails to provide affordable
housing that will be viable on a long-term basis at a
reasonable cost.
(d) Treatment of Existing Plans.--Notwithstanding any other
provision of this Act, a plan shall be considered to have been
submitted for an Indian tribe if the appropriate Indian housing
authority has submitted to the Secretary a comprehensive plan under
section 14(e) of the United States Housing Act of 1937 (as in effect
immediately before the enactment of this Act) or under the
comprehensive improvement assistance program under such section 14, and
the Secretary has approved such plan, before January 1, 1997. The
Secretary shall provide specific procedures and requirements for such
tribes to amend such plans by submitting only such additional
information as is necessary to comply with the requirements of section
102.
(e) Actions to Change Plan.--An Indian tribe for which a plan under
section 102 has been submitted may change actions or policies described
in the plan before submission and review of the plan for the next
fiscal year only if the tribe (or tribally designated housing entity
authorized under section 102(d))--
(1) in the case of costly or nonroutine changes, submits to
the Secretary an amendment to the plan under subsection (f)
which is reviewed in accordance with such subsection; or
(2) in the case of inexpensive or routine changes,
describes such changes in such local housing management plan
for the next fiscal year.
(f) Amendments to Plan.--
(1) In general.--During the annual or 5-year period covered
by the plan for an Indian tribe, the tribe (or tribally
designated housing entity for the tribe authorized under
section 102(e)) may submit to the Secretary any amendments to
the plan.
(2) Review.--The Secretary shall conduct a limited review
of each proposed amendment submitted under this subsection to
determine whether the plan, as amended by the amendment,
complies with the requirements of section 102 and notify the
tribe for which the amendment is submitted whether the plan, as
amended, complies with such requirements not later than 30 days
after receiving the amendment. If the Secretary determines that
a plan, as amended, does not comply with the requirements under
section 102, such notice shall indicate the reasons for the
noncompliance and any modifications necessary for the plan to
meet the requirements under section 102. If the Secretary does
not notify the Indian tribe as required under this paragraph,
the plan, as amended, shall be considered, for purposes of this
section, to comply with the requirements under section 102.
(3) Standards for determination of noncompliance.--The
Secretary may determine that a plan, as amended by a proposed
amendment, does not comply with the requirements under section
102 only if--
(A) the plan, as amended, would be subject to a
determination of noncompliance in accordance with the
provisions of subsection (c); or
(B) the Secretary determines that--
(i) the proposed amendment is plainly
inconsistent with the activities specified in
the plan; or
(ii) there is evidence that challenges, in
a substantial manner, any information contained
in the amendment; or
(C) the Secretary determines that the plan, as
amended, violates the purposes of this Act because it
fails to provide affordable housing that will be viable
on a long-term basis at a reasonable cost.
(4) Amendments to extend time of performance.--
Notwithstanding any other provision of this subsection, the
Secretary may not determine that any amendment to the plan for
an Indian tribe that extends the time for performance of
activities assisted with amounts provided under this Act fails
to comply with the requirements under section 102 if the
Secretary has not provided the amount of assistance set forth
in the plan or has not provided the assistance in a timely
manner.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
(a) Program Income.--
(1) Authority to retain.--Notwithstanding any other
provision of law, 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 (1) whether the recipient for the tribe retains program
income under paragraph (1), or (2) the amount of any such
program income retained.
(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) Treatment of Labor Standards.--The use of amounts provided
under this Act to finance (in whole or in part) a contract for
construction or rehabilitation work shall not cause such contract to be
subject to the requirements of the Act of March 3, 1931 (40 U.S.C.
276a-276a-5; commonly known as the Davis-Bacon Act) or to any other
provision of law requiring payment of wages in accordance with such
Act.
SEC. 105. ENVIRONMENTAL REVIEW.
(a) In General.--In order to ensure that the policies of the
National Environmental Policy Act of 1969 and other provisions of law
which 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 under regulations provide for the release of amounts
for particular projects to recipients of assistance under this Act who
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. The Secretary shall issue regulations to
carry out this section only after consultation with the Council on
Environmental Quality. The regulations shall provide--
(1) for the monitoring of the environmental reviews
performed under this section;
(2) in the discretion of the Secretary, to facilitate
training for the performance of such reviews; and
(3) for the suspension or termination of the assumption of
responsibilities under this section.
The Secretary's duty under the preceding sentence 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, at least
15 days prior to such approval and prior to any commitment of funds to
such projects the recipient of grant amounts has submitted to the
Secretary a request for such release accompanied by a certification
which meets the requirements of subsection (c). The Secretary's
approval of any such certification shall be deemed to satisfy the
Secretary's responsibilities 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 which
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 recipient of assistance under this Act qualified
under regulations of the Secretary,
(3) specify that the recipient 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 recipient of assistance and such
officer to accept the jurisdiction of the Federal courts for
the purpose of enforcement of the certifying officer's
responsibilities as such an official.
SEC. 106. REGULATIONS.
Except as otherwise specifically provided in this Act, the
Secretary shall issue any requirements and regulations necessary to
carry out this Act as follows:
(1) Interim requirements.--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 carry out this Act in the manner
provided in section 107(b), which shall be effective only for
fiscal year 1997. The notice shall invite public comments
regarding such interim requirements and final regulations to
carry out this Act and shall include general notice of proposed
rulemaking (for purposes of section 553(b) of title 5, United
States Code) of the final regulations under paragraph (2).
(2) Final regulations.--The Secretary shall issue any 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 under section 107(a). The
regulations shall be issued after notice and opportunity for
public comment in accordance with the procedure under section
553 of title 5, United States Code, applicable to substantive
rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3)
of such section).
SEC. 107. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b) and as
otherwise specifically provided in this Act, this Act shall take effect
on October 1, 1997.
(b) Interim Applicability.--For fiscal year 1997, this Act shall
apply to any Indian tribe that requests the Secretary to apply this Act
to such tribe, subject to the provisions of this subsection, but only
if the Secretary determines that the tribe has the capacity to carry
out the responsibilities under this Act during such fiscal year. For
fiscal year 1997, this Act shall apply to any such tribe subject to the
following limitations:
(1) Use of assistance amounts as block grant.--Amounts
shall not be made available pursuant to this Act for grants
under this Act for such fiscal year, but any amounts made
available for the tribe under the United States Housing Act of
1937, title II or subtitle D of title IV 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 be considered grant
amounts under this Act and shall be used subject to the
provisions of this Act relating to such grant amounts.
(2) Local housing management plan.--Notwithstanding section
103 of this Act, a local housing management plan shall be
considered to have been submitted for the tribe for fiscal year
1997 for purposes of this Act only if--
(A) the appropriate Indian housing authority has
submitted to the Secretary a comprehensive plan under
section 14(e) of the United States Housing Act of 1937
or under the comprehensive improvement assistance
program under such section 14;
(B) the Secretary has approved such plan before
January 1, 1996; and
(C) the tribe complies with specific procedures and
requirements for amending such plan as the Secretary
may establish to carry out this subsection.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for grants under title I
$650,000,000, for each of fiscal years 1998, 1999, 2000, and 2001.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND OCCUPANCY BY INDIAN FAMILIES.
(a) Primary Objective.--The national objectives of this Act are--
(1) to assist and promote affordable housing activities to
develop, maintain, and operate safe, clean, and healthy
affordable housing 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) Occupancy by Indian Families.--The local housing management
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. In any case in which the applicable local housing
management plan for an Indian tribe provides for preference under this
subsection, 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.
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, energy
auditing, 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 approved by the Secretary as appropriate for such
purpose.
SEC. 203. REQUIRED AFFORDABLE HOUSING ACTIVITIES.
(a) Maintenance of Operating Assistance for Indian Housing.--Any
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.
(b) Demolition and Disposition.--This Act may not be construed to
prevent any recipient (or entity funded by a recipient) from
demolishing or disposing of Indian housing referred to in such
subsection. Any provision of Federal law applicable to the demolition
or disposition of public housing assisted under the United States
Housing Act of 1937 (or any successor Act providing financial
assistance for the operation of public housing) shall apply to the
demolition or disposition of Indian housing referred to in subsection
(a).
SEC. 204. TYPES OF INVESTMENTS.
(a) In General.--Subject to section 203 and the local housing
management plan for an Indian tribe, the recipient for such 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 under
subsection (b), 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) Leveraging Private Investment.--A recipient may leverage
private investments in affordable housing activities by pledging
existing or future grant amounts to assure the repayment of notes and
other obligations of the recipient issued for purposes of carrying out
affordable housing activities.
SEC. 205. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
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) 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.
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 recipient of the assistance to
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.--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 not be less
than--
(A) the period provided under the applicable law of
the jurisdiction or 14 days, whichever is less, in the
case of nonpayment of rent;
(B) a reasonable period of time, but not to exceed
14 days, when the health or safety of other residents
or employees of the owner or manager is threatened; and
(C) the period of time provided under the
applicable law of the jurisdiction, in any other case;
(4) require that the owner or manager may not terminate the
tenancy except for violation of the terms or conditions of the
lease, violation of applicable Federal, tribal, State, or local
law, or for other good cause; and
(5) 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 resident's household, or any guest
or other person under the resident's control, 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).
(b) Tenant Selection.--The owner or manager of affordable rental
housing assisted under 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
applicant's ability 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 local housing management 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. 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(a)(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.
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) Requirements.--The Secretary shall, by regulation under
subsection (b), establish a formula to provide for allocating amounts
available for a fiscal year for block grants under this Act among
Indian tribes. 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 within
Indian areas of the tribe.
(3) Other objectively measurable conditions as the
Secretary may specify.
(b) Development Under Negotiated Rulemaking Procedure.--
Notwithstanding sections 563(a) and 565(a) of title 5, United States
Code, the regulations required under subsection (a) of this section
shall be issued according to a negotiated rulemaking procedure under
subchapter III of chapter 5 of title 5, United States Code, not later
than the expiration of the 12-month period beginning on the date of the
enactment of this Act. The Secretary shall establish a negotiated
rulemaking committee for development of any such proposed regulations,
which shall include representatives of Indian tribes.
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 which 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), the Secretary may, if the
Secretary has reason to believe that a recipient has failed to
comply substantially with any provision of this Act, 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 which 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 may, within 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 Secretary's action. The petitioner
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
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.--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. The Secretary may modify the Secretary's findings
of fact, or make new findings, by reason of the new evidence so
taken and filed with the court, and the Secretary shall also
file 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
shall also file the Secretary's recommendation, if any, for the
modification or setting aside of the Secretary's original
action.
(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 on-site 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.
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 local housing management 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 local housing management plan of the grant
beneficiary;
(3) indicate the recipient's programmatic accomplishments;
and
(4) describe how 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
recipient's jurisdiction 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, at least 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 local
housing management 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, on-
site visits by employees of the Department of Housing and Urban
Development.
(b) Report by Secretary.--The Secretary shall submit a written
report to the Congress regarding each review under subsection (a). 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 recipient's comments and the report, with
any revisions, readily available to the public not later than 30 days
after receipt of the recipient's comments.
(c) Effect of Reviews.--The Secretary may make appropriate
adjustments in the amount of the annual grants under this Act in
accordance with the Secretary's findings 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
Secretary's reviews and audits 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; and
(2) a summary of the use of such funds during the preceding
fiscal year.
(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. TERMINATION OF INDIAN PUBLIC HOUSING ASSISTANCE UNDER UNITED
STATES HOUSING ACT OF 1937.
(a) In General.--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.--Except
as provided in section 203(b) of this Act, 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. 502. 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.
SEC. 503. 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) Effective Date and Applicability.--The amendments under
subsection (a) shall be made on October 1, 1997, and 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. 504. 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) Effective Date and Applicability.--The amendments under
subsection (a) shall be made on October 1, 1997, and 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. 505. 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 inseerting ``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 governent''.
(c) Effective Date and Applicability.--The amendments under
subsections (a) and (b) shall be made on October 1, 1997, and 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. 506. SAVINGS PROVISION.
Except as provided in sections 501 and 502, 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.
SEC. 507. EFFECTIVE DATE.
Sections 501, 502, and 506 shall take effect on the date of the
enactment of this Act.
TITLE VI--LOAN GUARANTEES FOR AFFORDABLE 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 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, 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 issuer's total outstanding notes or obligations
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.
(e) Prohibition of Purchase by FFB.--Notes or other obligations
guaranteed under this title may not be purchased by the Federal
Financing Bank.
(f) Prohibition of Guarantee Fees.--No fee or charge may be imposed
by the Secretary or any other Federal agency on or with respect to a
guarantee made by the Secretary under this title.
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; and
(3) 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
dispositions 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. INTEREST.
(a) Tax Treatment.--The interest paid on any obligation issued by
an Indian tribe or housing entity and guaranteed pursuant to this title
shall be included in gross income for the purpose of chapter 1 of the
Internal Revenue Code of 1954.
(b) Grants.--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. TREASURY BORROWING.
The Secretary may issue obligations to the Secretary of the
Treasury in an amount outstanding at any one time sufficient to enable
the Secretary to carry out the obligations of the Secretary under
guarantees authorized by this title. The obligations issued under this
section shall have such maturities and bear such rate or rates of
interest as shall be determined by the Secretary of the Treasury. The
Secretary of the Treasury is authorized and directed to purchase any
obligations of the Secretary issued under this section, and for such
purposes may use as a public debt transaction the proceeds from the
sale of any securities issued under chapter 31 of title 31, United
States Code, and the purposes for which such securities may be issued
under such chapter are extended to include the purchases of the
Secretary's obligations hereunder.
SEC. 605. 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. 606. 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 shall enter into commitments to guarantee notes and
obligations under this title with an aggregate principal amount of
$400,000,000 for each of fiscal years 1997, 1998, 1999, 2000, and 2001.
(b) Authorization of Appropriations for Credit Subsidy.--There is
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, $40,000,000 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 limitation on guarantees under this title.
SEC. 607. EFFECTIVE DATE.
This title shall take effect upon the enactment of this Act.
TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
SEC. 701. LOAN GUARANTEES FOR INDIAN HOUSING.
(a) Limitation on Outstanding Aggregate Principal Amount.--Section
184(i)(5)(C) of the Housing and Community Development Act of 1992 (12
U.S.C. 1515z-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''.
(b) Authorization of Appropriations for Guarantee Fund.--Section
184(i)(7) of the Housing and Community Development Act of 1992 is
amended by striking ``such sums'' and all that follows through ``1994''
and inserting ``$30,000,000 for each of fiscal years 1997, 1998, 1999,
2000, and 2001''.
(c) Availability of Amounts.--
(1) Requirement of appropriations.--Section 184(i)(5) of
the Housing and Community Development Act of 1992 is amended by
striking subparagraph (A) and inserting the following new
subparagraph:
``(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 is amended by adding at the
end the following new sentence: ``Any amounts appropriated
pursuant to this subparagraph shall remain available until
expended.''.
(d) LHMP Requirement.--Section 184(b)(2) of the Housing and
Community Development Act of 1992 is amended by inserting before the
period at the end the following: ``that is under the jurisdiction of an
Indian tribe for which a local housing management 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''.
SEC. 702. 40-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
(a) Authority to Lease.--Notwithstanding any other provision of
law, any restricted Indian lands, whether tribally or individually
owned, may be leased by the Indian owners, with the approval of the
Secretary of the Interior, for residential purposes.
(b) Term.--Each lease pursuant to subsection (a) shall be for a
term not exceeding 40 years.
(c) Renewal.--A lease pursuant to subsection (a) may, with the
consent of both parties to the lease, include provisions authorizing
renewal of the lease for one additional term not exceeding 40 years.
(d) Other Conditions.--Each lease pursuant to subsection (a) and
each renewal of such a lease shall be made under such terms and
regulations as may be prescribed by the Secretary of the Interior.
(e) Rule of Construction.--This section may not be construed to
repeal, limit, or affect any authority to lease any 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 40 years.
SEC. 703. NATIONAL AMERICAN INDIAN HOUSING COUNCIL.
There is authorized to be appropriated for assistance for the
National American Indian Housing Council for providing training and
technical assistance to Indian housing authorities $2,000,000, for each
of fiscal years 1997, 1998, 1999, 2000, and 2001.
SEC. 704. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
upon the enactment of this Act.
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