[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5195 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5195
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 7, 2021
Ms. Waters introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Reauthorization Act of
2021''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; references.
Sec. 2. Office of Native American Programs.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Recommendations regarding exceptions to annual Indian housing
plan requirement.
Sec. 103. Environmental review.
Sec. 104. Deadline for action on request for approval regarding
exceeding TDC maximum cost for project.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Homeownership or lease-to-own low-income requirement and
income targeting.
Sec. 203. Lease requirements and tenant selection.
Sec. 204. Tribal coordination of agency funding.
Sec. 205. Exception to maximum total development cost for energy
efficient housing.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Authorization of appropriations.
Sec. 302. Effect of undisbursed block grant amounts on annual
allocations.
TITLE IV--AUDITS AND REPORTS
Sec. 401. Review and audit by Secretary.
Sec. 402. Reports to Congress.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
Sec. 501. HUD-Veterans Affairs Supportive Housing program for Native
American veterans.
Sec. 502. Loan guarantees for Indian housing.
Sec. 503. Set-aside of USDA rural housing funding for Indian tribes.
Sec. 504. Indian tribe eligibility for HUD housing counseling.
Sec. 505. Competitive grants.
TITLE VI--MISCELLANEOUS
Sec. 601. Lands Title Report Commission.
Sec. 602. Leasehold interest in trust or restricted lands for housing
purposes.
Sec. 603. Exemption for Indian tribes from national flood insurance
program participation requirement.
Sec. 604. Compliance with treaty obligations.
Sec. 605. Clerical amendment.
TITLE VII--HOUSING FOR NATIVE HAWAIIANS
Sec. 701. Reauthorization of Native Hawaiian Homeownership Act.
Sec. 702. Reauthorization of loan guarantees for Native Hawaiian
housing.
(c) References.--Except as otherwise expressly provided, wherever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.).
SEC. 2. OFFICE OF NATIVE AMERICAN PROGRAMS.
(a) Establishment.--Section 4 of the Department of Housing and
Urban Development Act (42 U.S.C. 3533) is amended--
(1) in subsection (a)(1), by striking ``7 Assistant
Secretaries'' and inserting ``8 Assistant Secretaries''; and
(2) by adding at the end the following new subsection:
``(i) Office of Native American Programs.--
``(1) Establishment.--There is established, in the
Department, the Office of Native American Programs.
``(2) Head.--The head of the Office of Native American
Programs shall be one of the Assistant Secretaries appointed
pursuant to subsection (a)(1).''.
(b) Pay Rate.--Section 5315 of title 5, United States Code is
amended, in the item relating to Assistant Secretaries of Housing and
Urban Development, by striking ``(8)'' and inserting ``(9)''.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
Section 101 (25 U.S.C. 4111) is amended--
(1) in subsection (c), by adding after the period at the
end the following: ``The Secretary shall act upon a waiver
request submitted under this subsection by a recipient within
60 days after receipt of such request.''; and
(2) in subsection (k), by striking ``1'' and inserting
``an''.
SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS TO ANNUAL INDIAN HOUSING
PLAN REQUIREMENT.
Not later than the expiration of the 120-day period beginning on
the date of the enactment of this Act and after consultation with
Indian tribes, tribally designated housing entities, and other
interested parties, the Secretary of Housing and Urban Development
shall submit to the Congress recommendations for standards and
procedures for waiver of, or alternative requirements (which may
include multi-year housing plans) for, the requirement under section
102(a) of the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4112(a)) for annual submission of one-year
housing plans for an Indian tribe. Such recommendations shall include a
description of any legislative and regulatory changes necessary to
implement such recommendations.
SEC. 103. ENVIRONMENTAL REVIEW.
Section 105 (25 U.S.C. 4115) is amended--
(1) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``may'' and inserting ``shall''; and
(B) by adding after and below paragraph (4) the
following:
``The Secretary shall act upon a waiver request submitted under this
subsection by a recipient within 60 days after receipt of such
request.''; and
(2) by adding at the end the following new subsection:
``(e) Consolidation of Environmental Review Requirements.--If a
recipient is using one or more sources of Federal funds in addition to
grant amounts under this Act in carrying out a project that qualifies
as an affordable housing activity under section 202, such other sources
of Federal funds do not exceed 49 percent of the total cost of the
project, and the recipient's tribe has assumed all of the
responsibilities for environmental review, decision making, and action
pursuant to this section, the tribe's compliance with the review
requirements under this section and the National Environmental Policy
Act of 1969 with regard to such project shall be deemed to fully comply
with and discharge any applicable environmental review requirements
that might apply to Federal agencies with respect to the use of such
additional Federal funding sources for that project.''.
SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR APPROVAL REGARDING
EXCEEDING TDC MAXIMUM COST FOR PROJECT.
(a) Approval.--Section 103 (25 U.S.C. 4113) is amended by adding at
the end the following new subsection:
``(f) Deadline for Action on Request To Exceed TDC Maximum.--A
request for approval by the Secretary of Housing and Urban Development
to exceed by more than 10 percent the total development cost maximum
cost for a project shall be approved or denied during the 60-day period
that begins on the date that the Secretary receives the request.''.
(b) Definition.--Section 4 (25 U.S.C. 4103) is amended--
(1) by redesignating paragraph (22) as paragraph (23); and
(2) by inserting after paragraph (21) the following new
paragraph:
``(22) Total development cost.--The term `total development
cost' means, with respect to a housing project, the sum of all
costs for the project, including all undertakings necessary for
administration, planning, site acquisition, demolition,
construction or equipment and financing (including payment of
carrying charges), and for otherwise carrying out the
development of the project, excluding off-site water and sewer.
The total development cost amounts shall be based on a
moderately designed house and determined by averaging the
current construction costs as listed in not less than two
nationally recognized residential construction cost indices.''.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
The second paragraph (6) of section 201(b) (25 U.S.C. 4131(b)(6);
relating to exemption) is amended--
(1) by striking ``1964 and'' and inserting ``1964,''; and
(2) by inserting after ``1968'' the following: ``, and
section 3 of the Housing and Urban Development Act of 1968''.
SEC. 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND
INCOME TARGETING.
Section 205 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subparagraph:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to
a homebuyer or a lease-purchase unit, that the current
rental family can purchase through a contract of sale,
lease-purchase agreement, or any other sales agreement,
is made available for purchase only by the current
rental family, if the rental family was a low-income
family at the time of their initial occupancy of such
unit; and''; and
(2) in subsection (c), by adding after the period at the
end the following: ``The provisions of such paragraph regarding
binding commitments for the remaining useful life of the
property shall not apply to improvements of privately owned
homes if the cost of such improvements do not exceed 10 percent
of the maximum total development cost for such home.''.
SEC. 203. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 (25 U.S.C. 4137) is amended by adding at the end the
following new subsection:
``(c) Notice of Termination.--Notwithstanding any other provision
of law, the owner or manager of rental housing that is assisted in part
with amounts provided under this Act and in part with one or more other
sources of Federal funds shall only utilize leases that require a
notice period for the termination of the lease pursuant to subsection
(a)(3).''.
SEC. 204. TRIBAL COORDINATION OF AGENCY FUNDING.
(a) In General.--Subtitle A of title II (25 U.S.C. 4131 et seq.) is
amended by adding at the end the following new section:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, a recipient
authorized to receive funding under this Act may, in its discretion,
use funding from the Indian Health Service of the Department of Health
and Human Services for construction of sanitation facilities for
housing construction and renovation projects that are funded in part by
funds provided under this Act.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by inserting after the item relating to section 210 the
following new item:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 205. EXCEPTION TO MAXIMUM TOTAL DEVELOPMENT COST FOR ENERGY
EFFICIENT HOUSING.
Section 103 (25 U.S.C. 4113) is amended by adding at the end the
following new subsection:
``(g) Exception to Maximum Total Development Cost for Energy
Efficient Housing.--The Secretary shall approve a request to exceed the
total development cost maximum cost for a project to the extent that
such exception is necessary to provide energy efficiency upgrades for
the project and the cost of such upgrades does not exceed the average
cost of such upgrades in the area in which the project is located.''.
TITLE III--ALLOCATION OF GRANT AMOUNTS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Section 108 (25 U.S.C. 4117) is amended to read as follows:
``SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for grants under this
title--
``(1) $680,000,000 for fiscal year 2022;
``(2) $713,000,000 for fiscal year 2023;
``(3) $747,000,000 for fiscal year 2024;
``(4) $783,000,000 for fiscal year 2025; and
``(5) $820,000,000 for fiscal year 2026.''.
SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT AMOUNTS ON ANNUAL
ALLOCATIONS.
(a) In General.--Title III (25 U.S.C. 4151 et seq.) is amended by
adding at the end the following new section:
``SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON ANNUAL ALLOCATIONS.
``(a) Notification of Obligated, Undisbursed Grant Amounts.--
Subject to subsection (d) of this section, if on October 1, 2022, or on
any October 1 thereafter, the total amount of undisbursed block grants
for a recipient in the line of credit control system (or a successor
system) of the Department of Housing and Urban Development is greater
than the sum of the initial allocations for the previous 3 fiscal
years, the Secretary shall--
``(1) before October 31 of such year, notify the Indian
tribe allocated the grant amounts and any tribally designated
housing entity for the tribe of the undisbursed funds; and
``(2) require the recipient for the tribe to, not later
than 30 days after the Secretary provides notification pursuant
to paragraph (1)--
``(A) notify the Secretary in writing of the
reasons why the recipient has not requested the
disbursement of such amounts; and
``(B) demonstrate to the satisfaction of the
Secretary that the recipient has the capacity to spend
Federal funds in an effective manner, which
demonstration may include evidence of the timely
expenditure of amounts previously distributed under
this Act to the recipient.
``(b) Allocation Amount.--Notwithstanding sections 301 and 302, the
allocation for such fiscal year for a recipient described in subsection
(a) shall be the amount initially calculated according to the formula
minus the difference between the recipient's total amount of
undisbursed block grants in the Department's line of credit control
system on such January 1 and three times the initial formula amount for
such fiscal year.
``(c) Reallocation.--Notwithstanding any other provision of law,
any grant amounts not allocated to a recipient pursuant to subsection
(b) shall be allocated under the need component of the formula
proportionately amount all other Indian tribes not subject to such an
adjustment.
``(d) Inapplicability.--Subsections (a) and (b) shall not apply to
an Indian tribe with respect to any fiscal year for which the amount
allocated for the tribe for block grants under this Act is less than
$5,000,000.
``(e) Effectiveness.--This section shall not require the issuance
of any regulation to take effect and shall not be construed to confer
hearing rights under this or any other section of this Act.''.
(b) Clerical Amendment.--The table of contents in section 1(b) is
amended by inserting after the item relating to section 302 the
following new item:
``Sec. 303. Effect of undisbursed grant amounts on annual
allocations.''.
TITLE IV--AUDITS AND REPORTS
SEC. 401. REVIEW AND AUDIT BY SECRETARY.
Section 405(c) (25 U.S.C. 4165(c)) is amended, by adding at the end
the following new paragraph:
``(3) Issuance of final report.--The Secretary shall issue
a final report within 60 days after receiving comments under
paragraph (1) from a recipient.''.
SEC. 402. REPORTS TO CONGRESS.
Section 407 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and
inserting ``Committee on Financial Services and the Committee
on Natural Resources of the House of Representatives, to the
Committee on Indian Affairs and the Committee on Banking,
Housing, and Urban Affairs of the Senate, and to any
subcommittees of such committees having jurisdiction with
respect to Native American and Alaska Native affairs,''; and
(2) by adding at the end the following new subsection:
``(c) Public Availability to Recipients.--Each report submitted
pursuant to subsection (a) shall be made publicly available to
recipients.''.
TITLE V--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS
SEC. 501. HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING PROGRAM FOR NATIVE
AMERICAN VETERANS.
Paragraph (19) of section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the
following new subparagraph:
``(E) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) living--
``(AA) on or near a
reservation; or
``(BB) in or near
any other Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian; indian area.--The
terms `Indian' and `Indian area' have
the meanings given such terms in
section 4 of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(IV) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(V) Program.--The term `Program'
means the Tribal HUD-VASH program
carried out under clause (ii).
``(VI) Tribal organization.--The
term `tribal organization' has the
meaning given such term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
5304).
``(ii) Program specifications.--The
Secretary shall use not less than 5 percent of
the amounts made available for rental
assistance under this paragraph to carry out a
rental assistance and supported housing
program, to be known as the Tribal HUD-VASH
program, in conjunction with the Secretary of
Veterans Affairs, by awarding grants for the
benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary may make necessary
and appropriate modifications
to facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary of Veterans Affairs
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary
shall award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded
under the Program shall be administered in
accordance with the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4101 et seq.), except that
recipients shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the Program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
Program in serving eligible Indian
veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
eligible recipients and any other
appropriate tribal organization on the
design of the Program to ensure the
effective delivery of rental assistance
and supportive services to eligible
Indian veterans under the Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exceptions.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made
available for tenant-based rental
assistance under this subsection and
without regard to the amounts used for
new grants under clause (ii), such
amounts as may be necessary to award
renewal grants to eligible recipients
that received a grant under the Program
in a previous year; and
``(II) specify criteria that an
eligible recipient must satisfy to
receive a renewal grant under subclause
(I), including providing data on how
the eligible recipient used the amounts
of any grant previously received under
the Program.
``(x) Reporting.--
``(I) In general.--Not later than 1
year after the date of enactment of the
Tribal HUD-VASH Act of 2021, and every
5 years thereafter, the Secretary, in
coordination with the Secretary of
Veterans Affairs and the Director of
the Indian Health Service, shall--
``(aa) conduct a review of
the implementation of the
Program, including any factors
that may have limited its
success; and
``(bb) submit a report
describing the results of the
review under item (aa) to--
``(AA) the
Committee on Indian
Affairs, the Committee
on Banking, Housing,
and Urban Affairs, the
Committee on Veterans'
Affairs, and the
Committee on
Appropriations of the
Senate; and
``(BB) the
Subcommittee on Indian,
Insular and Alaska
Native Affairs of the
Committee on Natural
Resources, the
Committee on Financial
Services, the Committee
on Veterans' Affairs,
and the Committee on
Appropriations of the
House of
Representatives.
``(II) Analysis of housing stock
limitation.--The Secretary shall
include in the initial report submitted
under subclause (I) a description of--
``(aa) any regulations
governing the use of formula
current assisted stock (as
defined in section 1000.314 of
title 24, Code of Federal
Regulations (or any successor
regulation)) within the
Program;
``(bb) the number of
recipients of grants under the
Program that have reported the
regulations described in item
(aa) as a barrier to
implementation of the Program;
and
``(cc) proposed alternative
legislation or regulations
developed by the Secretary in
consultation with recipients of
grants under the Program to
allow the use of formula
current assisted stock within
the Program.''.
SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING.
(a) Authorization of Appropriations.--Section 184(i) of the Housing
and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)) is
amended--
(1) in paragraph (5)--
(A) in subparagraph (C), by striking ``2008 through
2012'' and inserting ``2022 through 2026''; and
(2) by striking paragraph (7) and inserting the following
new paragraph:
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Guarantee Fund to carry
out this section--
``(A) $12,200,000 for fiscal year 2022;
``(B) $12,800,000 for fiscal year 2023;
``(C) $13,400,000 for fiscal year 2024;
``(D) $14,000,000 for fiscal year 2025; and
``(E) $14,700,000 for fiscal year 2026.''.
(b) Foreclosure Proceedings.--
(1) Jurisdiction.--Paragraph (1) of section 184(h) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(h)(1)) is amended--
(A) in subparagraph(A)(i), by inserting ``,
including in a tribal court having jurisdiction,''
after ``notice of such action to the Secretary)''; and
(B) in subparagraph (B), by inserting before the
period at the end the following: ``, which may include
initiating foreclosure proceedings in the tribal court
having jurisdiction, but if the tribal court does not
hold proceedings on a foreclosure complaint within the
period provided under applicable law or within 90 days
of service of the foreclosure complaint (whichever is
longer), the Secretary may voluntarily dismiss the
tribal court action and proceed to file in another
court of competent jurisdiction''.
(2) Contract attorneys.--Clause (i) of section 184(h)(1)(A)
of the Housing and Community Development Act of 1992 (12 U.S.C.
1715z-13a(h)(1)), as amended by subsection (b) of this section,
is further amended by adding at the end the following: ``The
Attorney General may contract for and use the services of
private attorneys in handling such foreclosure proceedings if
the Attorney General determines use of such attorneys will
facilitate competent and cost-effective representation.''.
SEC. 503. SET-ASIDE OF USDA RURAL HOUSING FUNDING FOR INDIAN TRIBES.
Section 509 of the Housing Act of 1949 (42 U.S.C. 1479) is amended
by adding at the end the following new subsection:
``(g) Set-Aside for Indian Tribes.--For each fiscal year, the
Secretary shall set aside and reserve for assistance for Indian tribes
(as such term is defined in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) an
amount equal to 5.0 percent in each fiscal year of the aggregate amount
of lending authority, budget authority, or guarantee authority, as
appropriate, made available for such fiscal year for assistance under
each of sections 502, 504, 515, 533, and 538 and of the aggregate
amount made available to the Rural Utilities Service to carry out
programs or activities. The procedure under this section for reserving
amounts shall also provide that any assistance set aside in any fiscal
year for Indian tribes that has not been expended by a reasonable date
established by the Secretary shall be made available and allocated
under the laws and regulations relating to such assistance,
notwithstanding this subsection.''.
SEC. 504. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING COUNSELING.
Paragraph (4) of section 106(a) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the
following: ``, Indian tribes, and tribally designated
housing entities. For purposes of this paragraph, the
terms `Indian tribe' and `tribally designated housing
entity' shall have the same meanings given such terms
in section 4 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4103)'';
and
(2) in subparagraph (B), by inserting ``, Indian tribes,
and tribally designated housing entities'' after
``organizations)''.
SEC. 505. COMPETITIVE GRANTS.
Title VII (25 U.S.C. 4211 et seq.) is amended by adding at the end
the following new section:
``SEC. 706. COMPETITIVE GRANTS.
``(a) Authority.--To the extent amounts are made available pursuant
to subsection (d), the Secretary shall make grants under this section,
pursuant to a competition for such grants, to eligible recipients of
block grants under title I that apply for grants under this section for
use only for carrying out eligible affordable housing activities under
section 202 (25 U.S.C. 4132).
``(b) Priority; Considerations.--In awarding grants under this
section, the Secretary shall--
``(1) give priority to projects for construction, and
related necessary infrastructure, that will increase the
inventory of affordable housing;
``(2) encourage housing rehabilitation projects that will
increase the useful life of existing affordable housing
dwelling units and alleviate substandard housing conditions;
``(3) encourage necessary affordable housing-related
infrastructure projects that will enable future construction or
rehabilitation; and
``(4) consider need and administrative capacity of
applicants.
``(c) Administrative Costs.--Of any amounts made available pursuant
to subsection (d) for any fiscal year, not more than 1 percent may be
used by the Secretary for necessary costs of administering and
overseeing the obligation and expenditure of amounts made available for
grants under this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section--
``(1) $100,000,000 for fiscal year 2022;
``(2) $105,000,000 for fiscal year 2023;
``(3) $110,000,000 for fiscal year 2024;
``(4) $115,000,000 for fiscal year 2025; and
``(5) $120,000,000 for fiscal year 2026.''.
TITLE VI--MISCELLANEOUS
SEC. 601. LANDS TITLE REPORT COMMISSION.
Section 501 of the American Homeownership and Economic Opportunity
Act of 2000 (25 U.S.C. 4043 note) is amended--
(1) in subsection (a), by striking ``Subject to sums being
provided in advance in appropriations Acts, there'' and
inserting ``There''; and
(2) in subsection (b)(1) by striking ``this Act'' and
inserting ``the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2021''.
SEC. 602. LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR HOUSING
PURPOSES.
Section 702 (25 U.S.C. 4211) is amended--
(1) in subsection (c)(1), by inserting ``, whether enacted
before, on, or after the date of the enactment of this
section'' after ``law''; and
(2) by striking ``50 years'' each place such term appears
and inserting ``99 years''.
SEC. 603. EXEMPTION FOR INDIAN TRIBES FROM NATIONAL FLOOD INSURANCE
PROGRAM PARTICIPATION REQUIREMENT.
Paragraph (3) of section 3(a) of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4003(a)(3)) is amended by inserting before the
semicolon at the end the following: ``or for any Indian tribe that has
in effect a plan for mitigating damage resulting from flooding that has
been approved by the tribal government for the tribe''.
SEC. 604. COMPLIANCE WITH TREATY OBLIGATIONS.
The Secretary of Housing and Urban Development shall withhold all
or partial funds to a tribe or tribal entity under this Act if, after
consultation with the Secretary of the Interior and the tribe, the
Secretary determines prior to disbursement that the tribe is not in
compliance with obligations under its 1866 treaty with the United
States as it relates to the inclusion of persons who are lineal
descendants of Freedmen as having the rights of the citizens of such
tribes, unless a federal court has issued a final order that determines
the treaty obligations with respect to including Freedmen as citizens.
For purposes of this subparagraph, a court order is not considered
final if time remains for an appeal or application for discretionary
review with respect to the order.
SEC. 605. CLERICAL AMENDMENT.
The table of contents in section 1(b) is amended by striking the
item relating to section 206 (treatment of funds).
TITLE VII--HOUSING FOR NATIVE HAWAIIANS
SEC. 701. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP ACT.
Section 824 (25 U.S.C. 4243) is amended to read as follows:
``SEC. 824. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department of
Housing and Urban Development for grants under this title--
``(1) $13,000,000 for fiscal year 2022;
``(2) $13,620,000 for fiscal year 2023;
``(3) $14,280,000 for fiscal year 2024;
``(4) $14,960,000 for fiscal year 2025; and
``(5) $15,680,000 for fiscal year 2026.''.
SEC. 702. REAUTHORIZATION OF LOAN GUARANTEES FOR NATIVE HAWAIIAN
HOUSING.
Section 184A(j) of the Housing and Community Development Act of
1992 (12 U.S.C. 1715z-13b(j)) is amended--
(1) in paragraph (5)(C), by striking ``for each of fiscal
years'' and all that follows through the period at the end and
inserting ``for each of fiscal years 2022 through 2026 with an
aggregate outstanding principal amount not exceeding such
amount as may be provided in appropriation Acts for such fiscal
year.''; and
(2) by striking paragraph (7) and inserting the following
new paragraph:
``(7) Authorization of appropriations.--There are
authorized to be appropriated to the Guarantee Fund to carry
out this section--
``(A) $386,000 for fiscal year 2022;
``(B) $405,000 for fiscal year 2023;
``(C) $424,000 for fiscal year 2024;
``(D) $444,000 for fiscal year 2025; and
``(E) $466,000 for fiscal year 2026.''.
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