Text: H.R.2786 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-411 (10/14/2008)

 
[110th Congress Public Law 411]
[From the U.S. Government Printing Office]


[DOCID: f:publ411.110]

[[Page 122 STAT. 4319]]

Public Law 110-411
110th Congress

                                 An Act


 
     To reauthorize the programs for housing assistance for Native 
           Americans. <<NOTE: Oct. 14, 2008 -  [H.R. 2786]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Native American 
Housing Assistance and Self-Determination Reauthorization Act of 
2008.>> 
SECTION 1. <<NOTE: 25 USC 4101 note.>> SHORT TITLE; TABLE OF 
                              CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Housing Assistance and Self-Determination Reauthorization Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Definitions.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Regulations.

                 TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Availability of records.
Sec. 206. Self-determined housing activities for tribal communities 
           program.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Allocation formula.

                TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

Sec. 401. Remedies for noncompliance.
Sec. 402. Monitoring of compliance.
Sec. 403. Performance reports.

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

Sec. 501. Effect on Home Investment Partnerships Act.

  TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                         DEVELOPMENT ACTIVITIES

Sec. 601. Demonstration program for guaranteed loans to finance tribal 
           community and economic development activities.

                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.

                        TITLE VIII--MISCELLANEOUS

Sec. 801. Limitation on use for Cherokee Nation.

[[Page 122 STAT. 4320]]

Sec. 802. Limitation on use of funds.
Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different 
           sizes.

SEC. 2. CONGRESSIONAL FINDINGS.

    Section 2 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101) is amended in paragraphs (6) 
and (7) by striking ``should'' each place it appears and inserting 
``shall''.
SEC. 3. DEFINITIONS.

    Section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103) is amended--
            (1) by striking paragraph (22);
            (2) by redesignating paragraphs (8) through (21) as 
        paragraphs (9) through (22), respectively; and
            (3) by inserting after paragraph (7) the following:
            ``(8) Housing related community development.--
                    ``(A) In general.--The term `housing related 
                community development' means any facility, community 
                building, business, activity, or infrastructure that--
                          ``(i) is owned by an Indian tribe or a 
                      tribally designated housing entity;
                          ``(ii) is necessary to the provision of 
                      housing in an Indian area; and
                          ``(iii)(I) would help an Indian tribe or 
                      tribally designated housing entity to reduce the 
                      cost of construction of Indian housing;
                          ``(II) would make housing more affordable, 
                      accessible, or practicable in an Indian area; or
                          ``(III) would otherwise advance the purposes 
                      of this Act.
                    ``(B) Exclusion.--The term `housing and community 
                development' does not include any activity conducted by 
                any Indian tribe under the Indian Gaming Regulatory Act 
                (25 U.S.C. 2701 et seq.).''.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

SEC. 101. BLOCK GRANTS.

    Section 101 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                          (i) by striking ``For each'' and inserting the 
                      following:
            ``(1) In general.--For each'';
                          (ii) by striking ``tribes to carry out 
                      affordable housing activities.'' and inserting the 
                      following: ``tribes--
                    ``(A) to carry out affordable housing activities 
                under subtitle A of title II; and''; and
                          (iii) by adding at the end the following:
                    ``(B) to carry out self-determined housing 
                activities for tribal communities programs under 
                subtitle B of that title.''; and

[[Page 122 STAT. 4321]]

                    (B) in the second sentence, by striking ``Under'' 
                and inserting the following:
            ``(2) Provision of amounts.--Under'';
            (2) in subsection (g), by inserting ``of this section and 
        subtitle B of title II'' after ``subsection (h)''; and
            (3) by adding at the end the following:

    ``(j) Federal Supply Sources.--For purposes of section 501 of title 
40, United States Code, on election by the applicable Indian tribe--
            ``(1) each Indian tribe or tribally designated housing 
        entity shall be considered to be an Executive agency in carrying 
        out any program, service, or other activity under this Act; and
            ``(2) each Indian tribe or tribally designated housing 
        entity and each employee of the Indian tribe or tribally 
        designated housing entity shall have access to sources of supply 
        on the same basis as employees of an Executive agency.

    ``(k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to any grant 
(or portion of a grant) made on behalf of an Indian tribe under this Act 
that is intended to benefit 1 Indian tribe, the tribal employment and 
contract preference laws (including regulations and tribal ordinances ) 
adopted by the Indian tribe that receives the benefit shall apply with 
respect to the administration of the grant (or portion of a grant).''.
SEC. 102. INDIAN HOUSING PLANS.

    Section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``(1)(A) for'' and all that follows 
                through the end of subparagraph (A) and inserting the 
                following:
            ``(1)(A) <<NOTE: Deadline.>> for an Indian tribe to submit 
        to the Secretary, by not later than 75 days before the beginning 
        of each tribal program year, a 1-year housing plan for the 
        Indian tribe; or''; and
                    (B) in subparagraph (B), by striking ``subsection 
                (d)'' and inserting ``subsection (c)'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:

    ``(b) 1-Year Plan Requirement.--
            ``(1) In general.--A housing plan of an Indian tribe under 
        this section shall--
                    ``(A) be in such form as the Secretary may 
                prescribe; and
                    ``(B) contain the information described in paragraph 
                (2).
            ``(2) Required information.--A housing plan shall include 
        the following information with respect to the tribal program 
        year for which assistance under this Act is made available:
                    ``(A) Description of planned activities.--A 
                statement of planned activities, including--
                          ``(i) the types of household to receive 
                      assistance;
                          ``(ii) the types and levels of assistance to 
                      be provided;
                          ``(iii) the number of units planned to be 
                      produced;

[[Page 122 STAT. 4322]]

                          ``(iv)(I) a description of any housing to be 
                      demolished or disposed of;
                          ``(II) a timetable for the demolition or 
                      disposition; and
                          ``(III) any other information required by the 
                      Secretary with respect to the demolition or 
                      disposition;
                          ``(v) a description of the manner in which the 
                      recipient will protect and maintain the viability 
                      of housing owned and operated by the recipient 
                      that was developed under a contract between the 
                      Secretary and an Indian housing authority pursuant 
                      to the United States Housing Act of 1937 (42 
                      U.S.C. 1437 et seq.); and
                          ``(vi) outcomes anticipated to be achieved by 
                      the recipient.
                    ``(B) Statement of needs.--A statement of the 
                housing needs of the low-income Indian families residing 
                in the jurisdiction of the Indian tribe, and the means 
                by which those needs will be addressed during the 
                applicable period, including--
                          ``(i) a description of the estimated housing 
                      needs and the need for assistance for the low-
                      income Indian families in the jurisdiction, 
                      including a description of the manner in which the 
                      geographical distribution of assistance is 
                      consistent with the geographical needs and needs 
                      for various categories of housing assistance; and
                          ``(ii) a description of the estimated housing 
                      needs for all Indian families in the jurisdiction.
                    ``(C) Financial resources.--An operating budget for 
                the recipient, in such form as the Secretary may 
                prescribe, that includes--
                          ``(i) an identification and description of the 
                      financial resources reasonably available to the 
                      recipient to carry out the purposes of this Act, 
                      including an explanation of the manner in which 
                      amounts made available will leverage additional 
                      resources; and
                          ``(ii) the uses to which those resources will 
                      be committed, including eligible and required 
                      affordable housing activities under title II and 
                      administrative expenses.
                    ``(D) Certification of compliance.--Evidence of 
                compliance with the requirements of this Act, including, 
                as appropriate--
                          ``(i) a certification that, in carrying out 
                      this Act, the recipient will comply with the 
                      applicable provisions of title II of the Civil 
                      Rights Act of 1968 (25 U.S.C. 1301 et seq.) and 
                      other applicable Federal laws and regulations;
                          ``(ii) a certification that the recipient will 
                      maintain adequate insurance coverage for housing 
                      units that are owned and operated or assisted with 
                      grant amounts provided under this Act, in 
                      compliance with such requirements as the Secretary 
                      may establish;
                          ``(iii) a certification that policies are in 
                      effect and are available for review by the 
                      Secretary and the public governing the 
                      eligibility, admission, and occupancy of

[[Page 122 STAT. 4323]]

                      families for housing assisted with grant amounts 
                      provided under this Act;
                          ``(iv) a certification that policies are in 
                      effect and are available for review by the 
                      Secretary and the public governing rents and 
                      homebuyer payments charged, including the methods 
                      by which the rents or homebuyer payments are 
                      determined, for housing assisted with grant 
                      amounts provided under this Act;
                          ``(v) a certification that policies are in 
                      effect and are available for review by the 
                      Secretary and the public governing the management 
                      and maintenance of housing assisted with grant 
                      amounts provided under this Act; and
                          ``(vi) a certification that the recipient will 
                      comply with section 104(b).'';
            (3) by redesignating subsections (d) through (f) as 
        subsections (c) through (e), respectively; and
            (4) in subsection (d) (as redesignated by paragraph (3)), by 
        striking ``subsection (d)'' and inserting ``subsection (c)''.
SEC. 103. REVIEW OF PLANS.

    Section 103 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4113) is amended--
            (1) in subsection (d)--
                    (A) in the first sentence--
                          (i) by striking ``fiscal'' each place it 
                      appears and inserting ``tribal program''; and
                          (ii) by striking ``(with respect to'' and all 
                      that follows through ``section 102(c))''; and
                    (B) by striking the second sentence; and
            (2) by striking subsection (e) and inserting the following:

    ``(e) Self-Determined Activities Program.--Notwithstanding any other 
provision of this section, the Secretary--
            ``(1) shall review the information included in an Indian 
        housing plan pursuant to subsections (b)(4) and (c)(7) only to 
        determine whether the information is included for purposes of 
        compliance with the requirement under section 232(b)(2); and
            ``(2) may not approve or disapprove an Indian housing plan 
        based on the content of the particular benefits, activities, or 
        results included pursuant to subsections (b)(4) and (c)(7).''.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

    Section 104(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114(a)) is amended by adding at 
the end the following:
            ``(4) Exclusion from program income of regular developer's 
        fees for low-income housing tax credit projects.--
        Notwithstanding any other provision of this Act, any income 
        derived from a regular and customary developer's fee for any 
        project that receives a low-income housing tax credit under 
        section 42 of the Internal Revenue Code of 1986, and that is 
        initially funded using a grant provided under this Act, shall 
        not be considered to be program income if the developer's fee is 
        approved by the State housing credit agency.''.

[[Page 122 STAT. 4324]]

SEC. 105. <<NOTE: Deadlines.>> REGULATIONS.

    Section 106(b)(2) of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is amended--
            (1) in subparagraph (B)(i), by striking ``The Secretary'' 
        and inserting ``Not later than 180 days after the date of 
        enactment of the Native American Housing Assistance and Self-
        Determination Reauthorization Act of 2008 and any other Act to 
        reauthorize this Act, the Secretary''; and
            (2) by adding at the end the following:
                    ``(C) Subsequent negotiated rulemaking.--The 
                Secretary shall--
                          ``(i) initiate a negotiated rulemaking in 
                      accordance with this section by not later than 90 
                      days after the date of enactment of the Native 
                      American Housing Assistance and Self-Determination 
                      Reauthorization Act of 2008 and any other Act to 
                      reauthorize this Act; and
                          ``(ii) promulgate regulations pursuant to this 
                      section by not later than 2 years after the date 
                      of enactment of the Native American Housing 
                      Assistance and Self-Determination Reauthorization 
                      Act of 2008 and any other Act to reauthorize this 
                      Act.
                    ``(D) Review.--Not less frequently than once every 7 
                years, the Secretary, in consultation with Indian 
                tribes, shall review the regulations promulgated 
                pursuant to this section in effect on the date on which 
                the review is conducted.''.

                 TITLE II--AFFORDABLE HOUSING ACTIVITIES

SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

    Section 201(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4131(b)) is amended--
            (1) in paragraph (1), by inserting ``and except with respect 
        to loan guarantees under the demonstration program under title 
        VI,'' after ``paragraphs (2) and (4),'';
            (2) in paragraph (2)--
                    (A) by striking the first sentence and inserting the 
                following:
                    ``(A) Exception to requirement.--Notwithstanding 
                paragraph (1), a recipient may provide housing or 
                housing assistance through affordable housing activities 
                for which a grant is provided under this Act to any 
                family that is not a low-income family, to the extent 
                that the Secretary approves the activities due to a need 
                for housing for those families that cannot reasonably be 
                met without that assistance.''; and
                    (B) in the second sentence, by striking ``The 
                Secretary'' and inserting the following:
                    ``(B) Limits.--The Secretary'';
            (3) in paragraph (3)--
                    (A) in the paragraph heading, by striking ``Non-
                indian'' and inserting ``Essential''; and

[[Page 122 STAT. 4325]]

                    (B) by striking ``non-Indian family'' and inserting 
                ``family''; and
            (4) in paragraph (4)(A)(i), by inserting ``or other unit of 
        local government,'' after ``county,''.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

    Section 202 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132) is amended--
            (1) in the matter preceding paragraph (1), by striking ``to 
        develop or to support'' and inserting ``to develop, operate, 
        maintain, or support'';
            (2) in paragraph (2)--
                    (A) by striking ``development of utilities'' and 
                inserting ``development and rehabilitation of utilities, 
                necessary infrastructure,''; and
                    (B) by inserting ``mold remediation,'' after 
                ``energy efficiency,'';
            (3) in paragraph (4), by inserting ``the costs of operation 
        and maintenance of units developed with funds provided under 
        this Act,'' after ``rental assistance,''; and
            (4) by adding at the end the following:
            ``(9) Reserve accounts.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                deposit of amounts, including grant amounts under 
                section 101, in a reserve account established for an 
                Indian tribe only for the purpose of accumulating 
                amounts for administration and planning relating to 
                affordable housing activities under this section, in 
                accordance with the Indian housing plan of the Indian 
                tribe.
                    ``(B) Maximum amount.--A reserve account established 
                under subparagraph (A) shall consist of not more than an 
                amount equal to \1/4\ of the 5-year average of the 
                annual amount used by a recipient for administration and 
                planning under paragraph (2).''.
SEC. 203. PROGRAM REQUIREMENTS.

    Section 203 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133) is amended by adding at the 
end the following:
    ``(f) Use of Grant Amounts Over Extended Periods.--
            ``(1) In general.--To the extent that the Indian housing 
        plan for an Indian tribe provides for the use of amounts of a 
        grant under section 101 for a period of more than 1 fiscal year, 
        or for affordable housing activities for which the amounts will 
        be committed for use or expended during a subsequent fiscal 
        year, the Secretary shall not require those amounts to be used 
        or committed for use at any time earlier than otherwise provided 
        for in the Indian housing plan.
            ``(2) Carryover.--Any amount of a grant provided to an 
        Indian tribe under section 101 for a fiscal year that is not 
        used by the Indian tribe during that fiscal year may be used by 
        the Indian tribe during any subsequent fiscal year.

    ``(g) De Minimis Exemption for Procurement of Goods and Services.--
Notwithstanding any other provision of law, a recipient shall not be 
required to act in accordance with any otherwise applicable competitive 
procurement rule or procedure with respect to the procurement, using a 
grant provided under this Act, of goods and services the value of which 
is less than $5,000.''.

[[Page 122 STAT. 4326]]

SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.

    Section 205 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4135) is amended by adding at the 
end the following:
    ``(c) Applicability.--The provisions of paragraph (2) of subsection 
(a) regarding binding commitments for the remaining useful life of 
property shall not apply to a family or household member who 
subsequently takes ownership of a homeownership unit.''.
SEC. 205. AVAILABILITY OF RECORDS.

    Section 208(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4138(a)) is amended by inserting 
``applicants for employment, and of'' after ``records of''.
SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL 
                        COMMUNITIES PROGRAM.

    (a) Establishment of Program.--Title II of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 et 
seq.) is amended--
            (1) by inserting after the title designation and heading the 
        following:

              ``Subtitle A--General Block Grant Program'';

        and
            (2) by adding at the end the following:

 ``Subtitle B--Self-Determined Housing Activities for Tribal Communities

``SEC. <<NOTE: 25 USC 4145.>> 231. PURPOSE.

    ``The purpose of this subtitle is to establish a program for self-
determined housing activities for the tribal communities to provide 
Indian tribes with the flexibility to use a portion of the grant amounts 
under section 101 for the Indian tribe in manners that are wholly self-
determined by the Indian tribe for housing activities involving 
construction, acquisition, rehabilitation, or infrastructure relating to 
housing activities or housing that will benefit the community served by 
the Indian tribe.
``SEC. <<NOTE: 25 USC 4145a.>> 232. PROGRAM AUTHORITY.

    ``(a) Definition of Qualifying Indian Tribe.--In this section, the 
term `qualifying Indian tribe' means, with respect to a fiscal year, an 
Indian tribe or tribally designated housing entity--
            ``(1) to or on behalf of which a grant is made under section 
        101;
            ``(2) that has complied with the requirements of section 
        102(b)(6); and
            ``(3) that, during the preceding 3-fiscal-year period, has 
        no unresolved significant and material audit findings or 
        exceptions, as demonstrated in--

[[Page 122 STAT. 4327]]

                    ``(A) the annual audits of that period completed 
                under chapter 75 of title 31, United States Code 
                (commonly known as the `Single Audit Act'); or
                    ``(B) an independent financial audit prepared in 
                accordance with generally accepted auditing principles.

    ``(b) Authority.--Under the program under this subtitle, for each of 
fiscal years 2009 through 2013, the recipient for each qualifying Indian 
tribe may use the amounts specified in subsection (c) in accordance with 
this subtitle.
    ``(c) Amounts.--With respect to a fiscal year and a recipient, the 
amounts referred to in subsection (b) are amounts from any grant 
provided under section 101 to the recipient for the fiscal year, as 
determined by the recipient, but in no case exceeding the lesser of--
            ``(1) an amount equal to 20 percent of the total grant 
        amount for the recipient for that fiscal year; and
            ``(2) $2,000,000.
``SEC. 233. <<NOTE: 25 USC 4145b.>> USE OF AMOUNTS FOR HOUSING 
                        ACTIVITIES.

    ``(a) Eligible Housing Activities.--Any amounts made available for 
use under this subtitle by a recipient for an Indian tribe shall be used 
only for housing activities, as selected at the discretion of the 
recipient and described in the Indian housing plan for the Indian tribe 
pursuant to section 102(b)(6), for the construction, acquisition, or 
rehabilitation of housing or infrastructure in accordance with section 
202 to provide a benefit to families described in section 201(b)(1).
    ``(b) Prohibition on Certain Activities.--Amounts made available for 
use under this subtitle may not be used for commercial or economic 
development.
``SEC. <<NOTE: 25 USC 4145c.>> 234. INAPPLICABILITY OF OTHER 
                        PROVISIONS.

    ``(a) In General.--Except as otherwise specifically provided in this 
Act, title I, subtitle A of title II, and titles III through VIII shall 
not apply to--
            ``(1) the program under this subtitle; or
            ``(2) amounts made available in accordance with this 
        subtitle.

    ``(b) Applicable Provisions.--The following provisions of titles I 
through VIII shall apply to the program under this subtitle and amounts 
made available in accordance with this subtitle:
            ``(1) Section 101(c) (relating to local cooperation 
        agreements).
            ``(2) Subsections (d) and (e) of section 101 (relating to 
        tax exemption).
            ``(3) Section 101(j) (relating to Federal supply sources).
            ``(4) Section 101(k) (relating to tribal preference in 
        employment and contracting).
            ``(5) Section 102(b)(4) (relating to certification of 
        compliance).
            ``(6) Section 104 (relating to treatment of program income 
        and labor standards).
            ``(7) Section 105 (relating to environmental review).
            ``(8) Section 201(b) (relating to eligible families).
            ``(9) Section 203(c) (relating to insurance coverage).
            ``(10) Section 203(g) (relating to a de minimis exemption 
        for procurement of goods and services).
            ``(11) Section 206 (relating to treatment of funds).

[[Page 122 STAT. 4328]]

            ``(12) Section 209 (relating to noncompliance with 
        affordable housing requirement).
            ``(13) Section 401 (relating to remedies for noncompliance).
            ``(14) Section 408 (relating to public availability of 
        information).
            ``(15) Section 702 (relating to 50-year leasehold interests 
        in trust or restricted lands for housing purposes).
``SEC. <<NOTE: 25 USC 4145d.>> 235. REVIEW AND REPORT.

    ``(a) Review.--During calendar year 2011, the Secretary shall 
conduct a review of the results achieved by the program under this 
subtitle to determine--
            ``(1) the housing constructed, acquired, or rehabilitated 
        under the program;
            ``(2) the effects of the housing described in paragraph (1) 
        on costs to low-income families of affordable housing;
            ``(3) the effectiveness of each recipient in achieving the 
        results intended to be achieved, as described in the Indian 
        housing plan for the Indian tribe; and
            ``(4) the need for, and effectiveness of, extending the 
        duration of the program and increasing the amount of grants 
        under section 101 that may be used under the program.

    ``(b) Report.--Not later than December 31, 2011, the Secretary shall 
submit to Congress a report describing the information obtained pursuant 
to the review under subsection (a) (including any conclusions and 
recommendations of the Secretary with respect to the program under this 
subtitle), including--
            ``(1) recommendations regarding extension of the program for 
        subsequent fiscal years and increasing the amounts under section 
        232(c) that may be used under the program; and
            ``(2) recommendations for--
                    ``(A)(i) specific Indian tribes or recipients that 
                should be prohibited from participating in the program 
                for failure to achieve results; and
                    ``(ii) the period for which such a prohibition 
                should remain in effect; or
                    ``(B) standards and procedures by which Indian 
                tribes or recipients may be prohibited from 
                participating in the program for failure to achieve 
                results.

    ``(c) Provision of Information to Secretary.--Notwithstanding any 
other provision of this Act, recipients participating in the program 
under this subtitle shall provide such information to the Secretary as 
the Secretary may request, in sufficient detail and in a timely manner 
sufficient to ensure that the review and report required by this section 
is accomplished in a timely manner.''.
    (b) Technical Amendment.--The table of contents in section 1(b) of 
the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4101 note) is amended--
            (1) by inserting after the item for title II the following:

              ``Subtitle A--General Block Grant Program'';

            (2) by inserting after the item for section 205 the 
        following:

``Sec. 206. Treatment of funds.'';

        and
            (3) by inserting before the item for title III the 
        following:

[[Page 122 STAT. 4329]]

 ``Subtitle B--Self-Determined Housing Activities for Tribal Communities

``Sec. 231. Purposes.
``Sec. 232. Program authority.
``Sec. 233. Use of amounts for housing activities.
``Sec. 234. Inapplicability of other provisions.
``Sec. 235. Review and report.''.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

SEC. 301. ALLOCATION FORMULA.

    Section 302 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4152) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) Study of need data.--
                    ``(A) In general.--
                The <<NOTE: Contracts.>> Secretary shall enter into a 
                contract with an organization with expertise in housing 
                and other demographic data collection methodologies 
                under which the organization, in consultation with 
                Indian tribes and Indian organizations, shall--
                          ``(i) assess existing data sources, including 
                      alternatives to the decennial census, for use in 
                      evaluating the factors for determination of need 
                      described in subsection (b); and
                          ``(ii) develop and recommend methodologies for 
                      collecting data on any of those factors, including 
                      formula area, in any case in which existing data 
                      is determined to be insufficient or inadequate, or 
                      fails to satisfy the requirements of this Act.
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are necessary 
                to carry out this section, to remain available until 
                expended.''; and
            (2) in subsection (b), by striking paragraph (1) and 
        inserting the following:
            ``(1)(A) The number of low-income housing dwelling units 
        developed under the United States Housing Act of 1937 (42 U.S.C. 
        1437 et seq.), pursuant to a contract between an Indian housing 
        authority for the tribe and the Secretary, that are owned or 
        operated by a recipient on the October 1 of the calendar year 
        immediately preceding the year for which funds are provided, 
        subject to the condition that such a unit shall not be 
        considered to be a low-income housing dwelling unit for purposes 
        of this section if--
                    ``(i) the recipient ceases to possess the legal 
                right to own, operate, or maintain the unit; or
                    ``(ii) the unit is lost to the recipient by 
                conveyance, demolition, or other means.
            ``(B) If the unit is a homeownership unit not conveyed 
        within 25 years from the date of full availability, the 
        recipient shall not be considered to have lost the legal right 
        to own, operate, or maintain the unit if the unit has not been 
        conveyed to the homebuyer for reasons beyond the control of the 
        recipient.

[[Page 122 STAT. 4330]]

            ``(C) If the unit is demolished and the recipient rebuilds 
        the unit within 1 year of demolition of the unit, the unit may 
        continue to be considered a low-income housing dwelling unit for 
        the purpose of this paragraph.
            ``(D) In this paragraph, the term `reasons beyond the 
        control of the recipient' means, after making reasonable 
        efforts, there remain--
                    ``(i) delays in obtaining or the absence of title 
                status reports;
                    ``(ii) incorrect or inadequate legal descriptions or 
                other legal documentation necessary for conveyance;
                    ``(iii) clouds on title due to probate or intestacy 
                or other court proceedings; or
                    ``(iv) any other legal impediment.
            ``(E) <<NOTE: Deadline.>> Subparagraphs (A) through (D) 
        shall not apply to any claim arising from a formula current 
        assisted stock calculation or count involving an Indian housing 
        block grant allocation for any fiscal year through fiscal year 
        2008, if a civil action relating to the claim is filed by not 
        later than 45 days after the date of enactment of this 
        subparagraph.''.

                TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

SEC. 401. REMEDIES FOR NONCOMPLIANCE.

    Section 401(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Substantial noncompliance.--The failure of a recipient 
        to comply with the requirements of section 302(b)(1) regarding 
        the reporting of low-income dwelling units shall not, in itself, 
        be considered to be substantial noncompliance for purposes of 
        this title.''.
SEC. 402. MONITORING OF COMPLIANCE.

    Section 403(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4163(b)) is amended in the second 
sentence by inserting ``an appropriate level of'' after ``shall 
include''.
SEC. 403. PERFORMANCE REPORTS.

    Section 404(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4164(b)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``goals'' and inserting ``planned 
                activities''; and
                    (B) by adding ``and'' after the semicolon at the 
                end;
            (2) in paragraph (3), by striking ``; and'' at the end and 
        inserting a period; and
            (3) by striking paragraph (4).

[[Page 122 STAT. 4331]]

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.

    (a) In General.--Title V of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4181 et seq.) is amended 
by adding at the end the following:
``SEC. 509. <<NOTE: 25 USC 4184.>> EFFECT ON HOME INVESTMENT 
                        PARTNERSHIPS ACT.

    ``Nothing in this Act or an amendment made by this Act prohibits or 
prevents any participating jurisdiction (within the meaning of the HOME 
Investment Partnerships Act (42 U.S.C. 12721 et seq.)) from providing 
any amounts made available to the participating jurisdiction under that 
Act (42 U.S.C. 12721 et seq.) to an Indian tribe or a tribally 
designated housing entity for use in accordance with that Act (42 U.S.C. 
12721 et seq.).''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4101 note) is amended by inserting after the item 
relating to section 508 the following:

``Sec. 509. Effect on HOME Investment Partnerships Act.''.

  TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                         DEVELOPMENT ACTIVITIES

SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO FINANCE 
                        TRIBAL COMMUNITY AND ECONOMIC DEVELOPMENT 
                        ACTIVITIES.

    (a) In General.--Title VI of the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 U.S.C. 4191 et seq.) is amended 
by adding at the end the following:
``SEC. 606. <<NOTE: 25 USC 4196.>> DEMONSTRATION PROGRAM FOR 
                        GUARANTEED LOANS TO FINANCE TRIBAL 
                        COMMUNITY AND ECONOMIC DEVELOPMENT 
                        ACTIVITIES.

    ``(a) Authority.--
            ``(1) In general.--Subject to paragraph (2), to the extent 
        and in such amounts as are provided in appropriation Acts, 
        subject to the requirements of this section, and in accordance 
        with such terms and conditions as the Secretary may prescribe, 
        the Secretary may guarantee and make commitments to guarantee 
        the notes and obligations issued by Indian tribes or tribally 
        designated housing entities with tribal approval, for the 
        purposes of financing activities carried out on Indian 
        reservations and in other Indian areas that, under the first 
        sentence of section 108(a) of the Housing and Community 
        Development Act of 1974 (42 U.S.C. 5308), are eligible for 
        financing with notes and other obligations guaranteed pursuant 
        to that section.

[[Page 122 STAT. 4332]]

            ``(2) Limitation.--The Secretary may guarantee, or make 
        commitments to guarantee, under paragraph (1) the notes or 
        obligations of not more than 4 Indian tribes or tribally 
        designated housing entities located in each Department of 
        Housing and Urban Development Office of Native American Programs 
        region.

    ``(b) Low-Income Benefit Requirement.--Not less than 70 percent of 
the aggregate amount received by an Indian tribe or tribally designated 
housing entity as a result of a guarantee under this section shall be 
used for the support of activities that benefit low-income families on 
Indian reservations and other Indian areas.
    ``(c) Financial Soundness.--
            ``(1) In general.--The <<NOTE: Criteria.>> Secretary shall 
        establish underwriting criteria for guarantees under this 
        section, including fees for the guarantees, as the Secretary 
        determines to be necessary to ensure that the program under this 
        section is financially sound.
            ``(2) Amounts of fees.--Fees for guarantees established 
        under paragraph (1) shall be established in amounts that are 
        sufficient, but do not exceed the minimum amounts necessary, to 
        maintain a negative credit subsidy for the program under this 
        section, as determined based on the risk to the Federal 
        Government under the underwriting requirements established under 
        paragraph (1).

    ``(d) Terms of Obligations.--
            ``(1) In general.--Each note or other obligation guaranteed 
        pursuant to this section shall be in such form and denomination, 
        have such maturity, and be subject to such conditions as the 
        Secretary may prescribe, by regulation.
            ``(2) Limitation.--The Secretary may not deny a guarantee 
        under this section on the basis of the proposed repayment period 
        for the note or other obligation, unless--
                    ``(A) the period is more than 20 years; or
                    ``(B) the Secretary determines that the period would 
                cause the guarantee to constitute an unacceptable 
                financial risk.

    ``(e) Limitation on Percentage.--A guarantee made under this section 
shall guarantee repayment of 95 percent of the unpaid principal and 
interest due on the note or other obligation guaranteed.
    ``(f) Security and Repayment.--
            ``(1) Requirements on issuer.--To ensure the repayment of 
        notes and other obligations and charges incurred under this 
        section and as a condition for receiving the guarantees, the 
        Secretary shall require the Indian tribe or housing entity 
        issuing the notes or obligations--
                    ``(A) <<NOTE: Contracts.>> to enter into a contract, 
                in a form acceptable to the Secretary, for repayment of 
                notes or other obligations guaranteed under this 
                section;
                    ``(B) to demonstrate that the extent of each 
                issuance and guarantee under this section is within the 
                financial capacity of the Indian tribe; and
                    ``(C) to furnish, at the discretion of the 
                Secretary, such security as the Secretary determines to 
                be appropriate in making the guarantees, including 
                increments in local tax receipts generated by the 
                activities assisted by a guarantee under this section or 
                disposition proceeds from the

[[Page 122 STAT. 4333]]

                sale of land or rehabilitated property, except that the 
                security may not include any grant amounts received or 
                for which the issuer may be eligible under title I.
            ``(2) Full faith and credit.--
                    ``(A) In general.--The full faith and credit of the 
                United States is pledged to the payment of all 
                guarantees made under this section.
                    ``(B) Treatment of guarantees.--
                          ``(i) In general.--Any guarantee made by the 
                      Secretary under this section shall be conclusive 
                      evidence of the eligibility of the obligations for 
                      the guarantee with respect to principal and 
                      interest.
                          ``(ii) Incontestable nature.--The validity of 
                      any such a guarantee shall be incontestable in the 
                      hands of a holder of the guaranteed obligations.

    ``(g) Training and Information.--The Secretary, in cooperation with 
Indian tribes and tribally designated housing entities, may carry out 
training and information activities with respect to the guarantee 
program under this section.
    ``(h) Limitations on Amount of Guarantees.--
            ``(1) Aggregate fiscal year limitation.--Notwithstanding any 
        other provision of law, subject only to the absence of qualified 
        applicants or proposed activities and to the authority provided 
        in this section, and to the extent approved or provided for in 
        appropriations Acts, the Secretary may enter into commitments to 
        guarantee notes and obligations under this section with an 
        aggregate principal amount not to exceed $200,000,000 for each 
        of fiscal years 2009 through 2013.
            ``(2) Authorization of appropriations for credit subsidy.--
        There are authorized to be appropriated to cover the costs (as 
        defined in section 502 of the Congressional Budget Act of 1974 
        (2 U.S.C. 661a)) of guarantees under this section $1,000,000 for 
        each of fiscal years 2009 through 2013.
            ``(3) Aggregate outstanding limitation.--The total amount of 
        outstanding obligations guaranteed on a cumulative basis by the 
        Secretary pursuant to this section shall not at any time exceed 
        $1,000,000,000 or such higher amount as may be authorized to be 
        appropriated for this section for any fiscal year.
            ``(4) Fiscal year limitations on indian tribes.--
                    ``(A) In general.--The Secretary shall monitor the 
                use of guarantees under this section by Indian tribes.
                    ``(B) Modifications.--If the Secretary determines 
                that 50 percent of the aggregate guarantee authority 
                under paragraph (3) has been committed, the Secretary 
                may--
                          ``(i) impose limitations on the amount of 
                      guarantees pursuant to this section that any 
                      single Indian tribe may receive in any fiscal year 
                      of $25,000,000; or
                          ``(ii) request the enactment of legislation 
                      increasing the aggregate outstanding limitation on 
                      guarantees under this section.

    ``(i) Report.--Not later than 4 years after the date of enactment of 
this section, the Secretary shall submit to Congress a report describing 
the use of the authority under this section by Indian tribes and 
tribally designated housing entities, including--

[[Page 122 STAT. 4334]]

            ``(1) an identification of the extent of the use and the 
        types of projects and activities financed using that authority; 
        and
            ``(2) an analysis of the effectiveness of the use in 
        carrying out the purposes of this section.

    ``(j) Termination.--The authority of the Secretary under this 
section to make new guarantees for notes and obligations shall terminate 
on October 1, 2013.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4101 note) is amended by inserting after the item 
relating to section 605 the following:

``Sec. 606. Demonstration program for guaranteed loans to finance tribal 
           community and economic development activities.''.

                           TITLE VII--FUNDING

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    (a) Block Grants and Grant Requirements.--Section 108 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4117) is amended in the first sentence by striking ``1998 through 
2007'' and inserting ``2009 through 2013''.
    (b) Federal Guarantees for Financing for Tribal Housing 
Activities.--Section 605 of the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4195) is amended in 
subsections (a) and (b) by striking ``1997 through 2007'' each place it 
appears and inserting ``2009 through 2013''.
    (c) Training and Technical Assistance.--Section 703 of the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4212) is amended by striking ``1997 through 2007'' and inserting 
``2009 through 2013''.

                        TITLE VIII--MISCELLANEOUS

SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION.

    No funds authorized under this Act, or the amendments made by this 
Act, or appropriated pursuant to an authorization under this Act or such 
amendments, shall be expended for the benefit of the Cherokee Nation; 
provided, that this limitation shall not be effective if the Temporary 
Order and Temporary Injunction issued on May 14, 2007, by the District 
Court of the Cherokee Nation remains in effect during the pendency of 
litigation or there is a settlement agreement which effects the end of 
litigation among the adverse parties.
SEC. 802. LIMITATION ON USE OF FUNDS.

    No amounts made available pursuant to any authorization of 
appropriations under this Act, or under the amendments made by this Act, 
may be used to employ workers described in section 274A(h)(3)) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

[[Page 122 STAT. 4335]]

SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES OF 
                        DIFFERENT SIZES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study of the effectiveness of the Native American Housing 
Assistance and Self-Determination Act of 1996 in achieving its purposes 
of meeting the needs for affordable housing for low-income Indian 
families, as compared to the programs for housing and community 
development assistance for Indian tribes and families and Indian housing 
authorities that were terminated under title V of such Act and the 
amendments made by such title. The study shall compare such 
effectiveness with respect to Indian tribes of various sizes and types, 
and specifically with respect to smaller tribes for which grants of 
lesser or minimum amounts have been made under title I of such Act.
    (b) Report.--Not later than the expiration of the 12-month period 
beginning on the date of the enactment of this Act, the Comptroller 
General shall submit a report to the Committee on Financial Services of 
the House of Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate regarding the results and conclusions of the 
study conducted pursuant to subsection (a). Such report shall include 
recommendations regarding any changes appropriate to the Native American 
Housing Assistance and Self-Determination Act of 1996 to help ensure 
that the purposes of such Act are achieved by all Indian tribes, 
regardless of size or type.

    Approved October 14, 2008.

LEGISLATIVE HISTORY--H.R. 2786 (S. 2062):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-295 (Comm. on Financial Services).
SENATE REPORTS: No. 110-238 accompanying S. 2062 (Comm. on Indian 
Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Sept. 6, considered and passed 
                                        House.
                                                        Vol. 154 (2008):
                                    Sept. 25, considered and passed 
                                        Senate, amended.
                                    Sept. 27, House concurred in Senate 
                                        amendment.

                                  <all>