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                                                       Calendar No. 334
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-152

======================================================================



 
     REAUTHORIZING THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
           DETERMINATION ACT OF 1996, AND FOR OTHER PURPOSES

                                _______
                                

                 April 11, 2014.--Ordered to be printed

                                _______
                                

           Mr. Tester, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1352]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1352) to reauthorize the Native American Housing 
Assistance and Self-Determination Act of 1996, and for other 
purposes, having considered the same, reports favorably with an 
amendment and recommends that the bill (as amended) do pass.

                                Purpose

    The purpose of S. 1352 is to reauthorize the Native 
American Housing Assistance and Self-Determination Act of 1996 
until the end of fiscal year 2018.

                               Background

    The Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) was enacted to further 
tribal self-governance, and streamline and simplify the process 
of providing housing assistance to tribes and tribal members. 
Programs authorized under this legislation are the main housing 
delivery mechanism to Indian country at the Department of 
Housing and Urban Development (HUD). This legislation has been 
reauthorized twice, once in 2002 and again in 2008. In 2000, 
Congress enacted the Hawaiian Homelands Homeownership Act, 
adding a parallel housing block grant program for Native 
Hawaiians to the legislation. Technical corrections were made 
to NAHASDA in 1998, 2004, 2005 and 2010.
    NAHASDA, which went into effect for fiscal year 1998, 
replaced the fragmented Indian housing programs under the 
United States Housing Act of 1937 with the Indian Housing Block 
Grant program. It provided Indian tribes with the choice of 
administering the block grant through their existing Indian 
Housing Authorities or their tribally-designated housing 
entities. Prior to the enactment of NAHASDA, HUD distributed 
funding to housing authorities and tribes through 14 different 
programs. Nine of those programs were competitive, while the 
other five were formula-based or awarded on a first-come, 
first-served basis. None of the programs had uniform criteria 
for making the awards.
    The implementation of NAHASDA eliminated 9 of the 14 
separate Indian housing programs at HUD and replaced them with 
a single block grant program. The funds are awarded to Indian 
tribes through a noncompetitive block grant. The amount of the 
grant is determined by an allocation formula based on need, 
housing stock, and several other factors.
    NAHASDA was reauthorized in 2002. Former Senator Ben 
Nighthorse Campbell introduced a bill in early 2001 which 
passed the Senate by Unanimous Consent and easily cleared the 
House of Representatives without amendment. No substantial 
changes were made to the law. NAHASDA was again reauthorized in 
2008. The reauthorization was introduced by then Representative 
Dale Kildee and easily passed both the House and Senate.

                          Need for Legislation

    S. 1352 incorporates proposals identified at oversight 
hearings and roundtables conducted by the Committee on Indian 
Affairs and the Committee on Banking, Housing and Urban Affairs 
through direct testimony and an open comment period. In 
addition, comments were received by the Committee on Indian 
Affairs from national Indian organizations and housing 
advocates, including the National American Indian Housing 
Council and the National Congress of American Indians.
    For the most part, the tribal administration of programs 
authorized under the Act has served to reduce the outstanding 
housing need in Indian country. S. 1352 would propose to 
increase the effectiveness of housing programs, by reducing 
duplicative and redundant practices and requirements. It would 
further include Indian housing components in other HUD programs 
and provide incentives to increase the number of housing 
projects that serve Indian country, in particular by 
strengthening Indian tribes' ability to address homelessness 
among Native American veterans.
    Notwithstanding the very troubling statistics of housing 
need throughout Indian country, the reauthorization does not 
increase the Federal spending authorization for this program. 
This is the case. According to the Department of Housing and 
Urban Development 2012 data, over 25 percent of, or almost 
274,000 out of nearly 1 million, American Indian housing units 
have ``severe housing needs.'' The Department of Housing and 
Urban Development defines those needs as those homes lacking 
basic plumbing or kitchen facilities, having more than 1.01 
persons per room, or having a housing cost burden of more than 
50 percent of income. Twenty-eight percent of Indian 
reservation households lack adequate plumbing and kitchen 
facilities, while nationally only 5.4 percent of households 
lack such infrastructure. An estimated 200,000 housing units 
are needed immediately in Indian country and approximately 
90,000 Native families are homeless or under-housed.
    Below are major provisions of S. 1352:
    Multiple Federal Partners. Housing projects in Indian 
country often have several different sources of funding to 
complete a single unit. These funding streams can include the 
Department of Housing and Urban Development, the Department of 
Agriculture, the Indian Health Service, the Department of the 
Interior and the Department of the Treasury. The proposed 
legislation would provide that for housing-related developments 
with multiple Federal partners, one set of standards would 
prevail over all Federal requirements under each project. 
Indian tribes have consistently informed the Committee that 
completing similar requirements for multiple agencies has 
burdened housing authorities with redundant requirements. S. 
1352 seeks to reduce the duplicative processes tribal housing 
authorities must complete to provide housing to Indian 
communities.
    Total Development Costs (TDCs). The Total Development Costs 
imposed by the Department of Housing and Urban Development cap 
the amount of funds that may be used on a project but there is 
an allowance of 10 percent that a project may exceed before a 
waiver is required by the Department. This legislation would 
raise the cap to 20 percent before a TDC cap waiver request 
would be required.
    HUD/VASH program. HUD and the Department of Veterans 
Affairs operate a housing program known as the Housing and 
Urban Development/Veterans Affairs Supportive Housing (HUD/
VASH) program. This program utilizes vouchers to house homeless 
or under-housed veterans. Tribal housing authorities do not 
meet certain program administrative requirements to manage 
these vouchers. S. 1352 establishes a demonstration project for 
tribal housing authorities to administer HUD/VASH through the 
existing NAHASDA administrative structure.
    The demonstration program is particularly well suited for 
implementation in Indian country since Indian people have 
served in this Nation's military at higher rates than any other 
minority group in the country. However, when these veterans 
return home, they are faced with the same lack of housing that 
existed when they left. Indian veterans want to return home to 
serve their communities and this change in the law will help 
facilitate their return. By creating a demonstration program 
that would allow Indian tribes to manage this voucher program 
directly, a veteran can go to one housing agency to receive the 
services he needs, instead of the tribal agency for one form of 
assistance and then a state agency for the HUD/VASH program.
    This change in the law does not authorize any new spending. 
It simply provides that up to five percent of any already-
authorized and appropriated funds could be used for this 
purpose.
    Native Hawaiian Housing. This legislation would reauthorize 
Title VIII of the Native American Housing Assistance and Self-
Determination Act through Fiscal Year 2018.

                      Section-by-Section Analysis


              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Treatment of program income and prevailing wages

    This section provides that income from program income (such 
as rent payments) will be considered non-program income and may 
be used without the restrictions placed on the initial program 
income. This section also clarifies that, for projects funded 
by multiple Federal sources, where a tribal prevailing wage law 
exists, the tribal law will govern the prevailing wage 
requirements associated with the use of Federal funds.

Sec. 102. Environmental review

    This section provides that, for projects involving multiple 
Federal agencies, the use of the environmental standards 
delineated in NAHASDA will satisfy the environmental review 
requirements of the other Federal agencies.

Sec. 103. Authorization of appropriations

    This section reauthorizes NAHASDA programs through the end 
of fiscal year 2018.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. Low-income requirement and income targeting

    This section increases the minimum value of improvements 
(using NAHASDA funds) required to have binding commitments from 
HUD to $10,000. These binding commitments are contractual 
requirements that ensure a house will remain affordable (i.e., 
will have continued future use) for the life of the property. 
This section would also allow a tenant in a low income rental 
unit the option to purchase the unit, if the tenant family was 
low-income at the time of initial occupancy, regardless of 
whether the tenant would currently qualify as low income.

Sec. 202. Lease requirements and tenant selection

    This section clarifies that requirements in NAHASDA 
regarding adequate written notice of termination of leases will 
apply to any project funded, even in part, with NAHASDA funds.

Sec. 203. Self-determined housing activities for tribal communities

    This section repeals the provisions authorizing the program 
for self-determined housing activities (25 U.S.C. 4145 et 
seq.), similar to the self-governance concepts of the Indian 
Self-Determination and Education Assistance Act.

Sec. 204. Total Development Cost maximum project cost

    This section increases the allowable percentage of 
development costs for one housing unit to 20 percent of the 
Total Development Costs (TDCs). Tribal housing entities must 
currently seek a waiver for any development costs of a 
particular housing unit that exceed the TDC by 10 percent.

               TITLE III--COMPLIANCE, AUDITS, AND REPORTS

Sec. 301. Reports to Congress

    This section changes the requirement that the annual HUD 
Indian housing report be provided to the entire Congress and 
instead specifically designates the committees of jurisdiction 
as the recipients of these reports. In addition, this section 
requires these reports be made publically available.

        TITLE IV--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Sec. 401. HUD/VASH

    This section authorizes a demonstration project for the 
administration of the HUD-Veterans Affairs Supportive Housing 
(VASH) program for the benefit of at-risk or homeless Indian 
veterans through the NAHASDA requirements in lieu of the 
requirements of the United States Housing Act of 1937.
    The HUD/VASH program combines Housing Choice Voucher rental 
assistance for homeless veterans with case management and 
clinical services provided by the Department of Veterans 
Affairs (VA). The VA provides these services for participating 
veterans at VA medical centers and community-based outreach 
clinics.
    Under this section, no more than five percent of rental 
assistance provided for the HUD/VASH may be used for this demo 
project which shall be awarded to grantees according to need, 
administrative capacity (of the tribal housing entities), and 
other funding criteria established by the HUD Secretary, in 
consultation with the VA Secretary.
    Tribal housing entities eligible for NAHASDA funding may be 
eligible participants in the demo project and will administer 
the distribution of rental assistance according to their 
NAHASDA rental programs. The grantees shall report to the 
Secretary on the use of rental assistance and provide 
information to the Secretary to assess the effectiveness of the 
demonstration project.

Sec. 402. 50-year leasehold interest in trust or restricted lands for 
        housing purposes

    This section reconciles a technical difference in the 
maximum leasehold terms under the NAHASDA and the Helping 
Expedite and Advance Responsible Tribal Home Ownership Act 
(HEARTH Act) by allowing tribes to use either source of 
authority for housing-related land leasing decisions. The 
HEARTH Act, enacted in 2012, authorizes leases of trust or 
restricted surface lands for residential purposes for terms not 
to exceed 75 years; whereas, the NAHASDA authorizes leases for 
housing development or residential purposes for terms not to 
exceed 50 years.

Sec. 403. Training and technical assistance

    This section reauthorizes funding for the training and 
technical assistance for tribal housing entities in accordance 
with the fiscal years for which funding is provided for the 
Indian Housing Block Grants.

                         TITLE V--MISCELLANEOUS

Sec. 501. Community-based development organizations and tribally 
        designated housing entities

    This section authorizes a tribally-designated housing 
entity to qualify as a community-based development organization 
for purposes of applying for the HUD Indian Community 
Development Block Grant program.

Sec. 502. Elimination of limitation on use for Cherokee Nation

    This section repeals the prohibition on funding for the 
Cherokee Nation of Oklahoma.

Sec. 503. Reauthorization of the Native Hawaiian Homeownership Act

    This section reauthorizes the housing assistance for Native 
Hawaiian programs through Fiscal Year 2018.

Sec. 504. Matching or cost participation requirement

    This section authorizes the use of funds under NAHASDA for 
the purpose of meeting matching or cost participation 
requirements of any other Federal or non-Federal program.

                          Legislative History

    S. 1352 was introduced on July 24, 2013, by Senator Maria 
Cantwell. The bill was referred to the Committee on Indian 
Affairs. On July 31, 2013, the Committee held a hearing on the 
bill. On December 18, 2013, the Committee met to consider the 
bill. One substitute amendment was offered, and the bill as 
amended was adopted and ordered favorably reported by voice 
vote. On January 13, 2014, the bill was referred to the 
Committee on Banking, Housing, and Urban Affairs, where it was 
discharged on March 24, 2014.
    Two similar bills were introduced in the House of 
Representatives. On March 18, 2014, Representative Don Young 
introduced H.R. 4277. The bill was referred to the House 
Committee on Financial Services. On March 27, 2014, 
Representative Steve Pearce introduced H.R. 4329. The bill was 
referred to the House Committee on Financial Services.

                       Summary of the Amendments

    The Committee on Indian Affairs held a business meeting on 
December 18, 2013, to consider the bill, S. 1352. Senator 
Cantwell offered an amendment in the nature of a substitute. 
The Amendment made four technical or clarifying corrections and 
two substantive changes to the introduced bill.
    First, the amendment clarified language that the current 
tenant may purchase the home currently being rented if the 
family was low-income at the time of initial occupancy--which 
was the original intent of the bill. Second, the amendment 
clarified, in the HUD/VASH demonstration project, that 
assistance provided to participating tribal housing entities 
include administrative costs consistent with what is currently 
funded under the HUD/VASH program. Third, the amendment 
corrected a subsection number and, in the HUD/VASH 
demonstration project, replaced the word ``use'' with 
``utilization.'' Utilization is the technical term for fund 
usage employed by HUD for the VASH program. Next, the amendment 
corrected the applicable service area for the HUD/VASH 
demonstration project to be ``Indian areas'' as defined in the 
Native American Housing Assistance and Self-Determination Act 
rather than ``Indian lands'' as defined in the Native American 
Business Development, Trade Promotion, and Tourism Act of 2000. 
This definition will make service areas for the HUD Indian 
housing programs consistent.
    Finally, the amendment struck the low income tax credit 
provisions from the bill. As with many bills introduced in 
Congress, the provisions may involve more than one Committee of 
jurisdiction. To fully address the wide-ranging housing needs 
in Indian country, S. 1352, includes provisions involving 
various housing and related programs and incentives. One key 
provision in the bill as introduced involved an amendment to 
the Internal Revenue Code to include projects serving Indian 
communities in the Low Income Housing Tax Credit program. This 
provision would create a preference in the allocation of the 
tax credits for Indian housing projects.
    The Committee on Finance has jurisdiction over the tax 
matters and informed the Committee on Indian Affairs that it 
would assert jurisdiction over the bill as long as the tax 
credit provisions remained in S. 1352. Consequently, the bill, 
as amended at the Committee on Indian Affairs business meeting 
on December 18, 2013, struck the provisions involving the Low 
Income Housing Tax Credits. However, the Committee on Finance 
has committed to working with the Committee on Indian Affairs 
to ensure Indian tribes have broader access to these Federal 
tax credits. This is consistent with Federal law and policy as 
the United States has a Federal trust responsibility to ensure 
safe and affordable housing for tribal communities. Thus, the 
Committee on Indian Affairs will work with the Committee on 
Finance to make changes to the law to allow tribes broader 
access to this program.
    Further, the Committee expects State housing agencies and 
the Low Income Housing Tax Credit financing agencies and 
brokers to fulfill their commitment to the Committee that they 
will work to expand the use of Low Income Housing Tax Credits 
in tribal communities. The use of these tax credits is not 
universally applied from state to state. Some states set aside 
a certain amount of tax credits specifically for a project in 
Indian country while other states do not approve any projects 
in Indian country.

                        Committee Recommendation

    On December 18, 2013, the Committee on Indian Affairs held 
a business meeting to consider S. 1352 and other measures. 
Senator Cantwell introduced a substitute amendment, which was 
accepted by voice vote. The Committee ordered the bill, as 
amended, reported to the full Senate with the recommendation 
that it do pass.

                   Cost and Budgetary Considerations

    The following cost estimate, as provided by the 
Congressional Budget Office, dated January 30, 2014, was 
prepared for S. 1352:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 30, 2014.
Hon. Maria Cantwell,
Chairwoman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1352, the Native 
American Housing Assistance and Self-Determination 
Reauthorization Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Chad Chirico.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1352--Native American Housing Assistance and Self-Determination 
        Reauthorization Act of 2013

    Summary: S. 1352 would reauthorize the Native American and 
Native Hawaiian Block Grant programs for each of fiscal years 
2014 through 2018. In addition, the bill would authorize a new 
demonstration program to provide rental assistance to Native 
American veterans who are homeless or at risk of homelessness. 
CBO estimates that implementing S. 1352 would cost about $2.1 
billion over the 2015-2019 period, assuming the appropriation 
of the necessary amounts.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    S. 1352 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1352 is shown in the following table. 
The costs of this legislation fall within budget function 600 
(income security).
    Basis of estimate: CBO estimates that implementing S. 1352 
would cost about $2.1 billion over the next five years, 
assuming the appropriation of the necessary funds. For this 
estimate, CBO assumes that S. 1352 will be enacted in fiscal 
year 2014 and that appropriated funds will be spent at 
historical rates for the affected programs. For this estimate, 
CBO assumes no further appropriations for the programs in 2014.

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2015      2016      2017      2018      2019    2015-2019
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Native American Housing Block Grants:
    Estimated Authorization Level..................       660       672       685       699         0      2,716
    Estimated Outlays..............................       244       381       480       569       382      2,056
Native Hawaiian Block Grants:
    Estimated Authorization Level..................        10        10        11        11         0         42
    Estimated Outlays..............................         1         3         5         7         8         24
Rental Assistance Demonstration Program:
    Estimated Authorization Level..................         4         4         4         4         4         20
    Estimated Outlays..............................         3         4         4         4         4         19
                                                    ------------------------------------------------------------
    Total Changes:
        Estimated Authorization Level..............       674       686       700       714         4      2,778
        Estimated Outlays..........................       248       388       489       580       394      2,099
----------------------------------------------------------------------------------------------------------------

    Native American Housing Block Grants: Section 103 would 
authorize the appropriation of such sums as necessary for the 
Native American Housing Block Grant program through fiscal year 
2018. The block grant program provides funding to tribes to 
acquire, construct, rehabilitate, or manage affordable housing 
for Native American families with low incomes. In 2014, $650 
million was appropriated for this program. Assuming continued 
appropriations at that level and adjusting for anticipated 
inflation, CBO estimates that implementing this section would 
cost slightly less than $2.1 billion over the 2015-2019 period.
    Native Hawaiian Housing Block Grants: Section 503 would 
authorize the appropriation of such sums as necessary for the 
Native Hawaiian Housing Block Grant program through fiscal year 
2018. Such grants are used to develop, maintain, and operate 
affordable housing for Native Hawaiian families with low income 
through the Department of Hawaiian Home Lands. In 2014, $10 
million was appropriated for this program. Assuming continued 
appropriations at that level and adjusting for anticipated 
inflation, CBO estimates that implementing this section would 
cost $24 million through 2019.
    Rental Assistance Demonstration Program: Section 401 would 
authorize a demonstration program to provide rental assistance 
to Native American veterans who are homeless or at risk of 
homelessness. Up to 5 percent of the funds made available for 
the Veterans Affairs Supported Housing Program (VASH) could be 
used for the demonstration. In 2014, $75 million was 
appropriated for the VASH program. Assuming a program level 
that is 5 percent of that amount, and adjusting for anticipated 
inflation, CBO estimates that implementing this section would 
cost $19 million over the 2015-2019 period.
    Pay-as-You-Go Considerations: None.
    Intergovernmental and private-sector impact: S. 1352 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Grants authorized in the bill would benefit 
tribal governments that participate in housing assistance 
programs. Any costs to those governments of complying with 
grant conditions would be incurred voluntarily.
    Estimate prepared by: Federal Costs: Chad Chirico; Impact 
on State, Local, and Tribal Governments: Lisa Ramirez-Branum; 
Impact on the Private Sector: Kim Chung.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 1352 will 
have a minimal impact on regulatory or paperwork requirements.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 1352.

                         Changes in Exising Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1352, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter printed in italic):

   25 U.S.C. Sec. 4114 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4114. Treatment of program income and labor standards

    (a) Program Income.--
          [(1) Authority to retain.--Notwithstanding any other 
        provision of this chapter, a recipient may retain any 
        program income that is realized from any grant amounts 
        under this chapter 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 such income for housing related 
                activities in accordance with this chapter.]
          (1) Authority to retain.--
                  (A) In general.--Notwithstanding any other 
                provision of this Act, a recipient may retain 
                any program income that is realized from any 
                grant amounts under this Act if--
                          (i) the income was realized after the 
                        initial disbursement of the grant 
                        amounts received by the recipient; and
                          (ii) the recipient has agreed that 
                        the recipient will utilize the income 
                        for housing related activities in 
                        accordance with this Act.
                  (B) Requirements.--Any income that is 
                realized by a recipient from program income 
                shall--
                          (i) be considered nonprogram income; 
                        and
                          (ii) have no restrictions on use.; 
                        and
          (2) Prohibition of restricted access or reduction of 
        grant.--The Secretary may not restrict access to or 
        reduce the grant amount for any Indian tribe based 
        solely on--
                  (A) whether the recipient for the tribe 
                retains program income under paragraph (1);
                  (B) the amount of any such program income 
                retained;
                  (C) whether the recipient retains reserve 
                amounts described in section 4140 of this 
                title; or
                  (D) whether the recipient has expended 
                retained program income for housing-related 
                activities.
          (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.
          (4) Exclusion from program income of regular 
        developer's fees for low-income housing tax credit 
        projects.--Notwithstanding any other provision of this 
        chapter, 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 
        title 26, and that is initially funded using a grant 
        provided under this chapter, shall not be considered to 
        be program income if the developer's fee is approved by 
        the State housing credit agency.
    (b) Labor Standards.--
          (1) In general.--Any contract or agreement for 
        assistance, sale, or lease pursuant to this chapter 
        shall contain a provision requiring that not less than 
        the wages prevailing in the locality, as determined or 
        adopted (subsequent to a determination under applicable 
        State, tribal, or local law) by the Secretary, shall be 
        paid to all architects, technical engineers, draftsmen, 
        and technicians employed in the development, and all 
        maintenance laborers and mechanics employed in the 
        operation, of the affordable housing project involved; 
        and shall also contain a provision that not less than 
        the wages prevailing in the locality, as predetermined 
        by the Secretary of Labor pursuant to sections 3141-
        3144, 3146, and 3147 of title 40, shall be paid to all 
        laborers and mechanics employed in the development of 
        the affordable housing involved, and the Secretary 
        shall require certification as to compliance with the 
        provisions of this paragraph before making any payment 
        under such contract or agreement.
          (2) Exceptions.--Paragraph (1) and the provisions 
        relating to wages (pursuant to paragraph (1)) in any 
        contract or agreement for assistance, sale, or lease 
        pursuant to this chapter, shall not apply to any 
        individual who receives no compensation or is paid 
        expenses, reasonable benefits, or a nominal fee to 
        perform the services for which the individual 
        volunteered and who is not otherwise employed at any 
        time in the construction work.
          [(3) Application of tribal laws.--Paragraph (1) shall 
        not apply to any contract or agreement for assistance, 
        sale, or lease pursuant to this chapter, if such 
        contract or agreement is otherwise covered by one or 
        more laws or regulations adopted by an Indian tribe 
        that requires the payment of not less than prevailing 
        wages, as determined by the Indian tribe.]
          (3) Application of tribal laws.--
                  (A) In general.--Paragraph (1) shall not 
                apply to any contract or agreement for 
                assistance, sale, or lease pursuant to this 
                Act, if that contract or agreement is otherwise 
                covered by 1 or more laws or regulations 
                adopted by an Indian tribe that requires the 
                payment of not less than prevailing wages, as 
                determined by the Indian tribe.
                  (B) Wages.--The prevailing wages described in 
                subparagraph (A) shall apply to the 
                administration of all Federal funding for 
                projects funded in part by funds authorized 
                under this Act.

   25 U.S.C. Sec. 4115 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4115. Environmental review.

    (a) In General.--
          (1) Release of funds.--In order to ensure that the 
        policies of the National Environmental Policy Act of 
        1969 [42 U.S.C. 4321 et seq.] and other provisions of 
        law that further the purposes of such Act (as specified 
        in regulations issued by the Secretary) are most 
        effectively implemented in connection with the 
        expenditure of grant amounts provided under this 
        chapter, and to ensure to the public undiminished 
        protection of the environment, the Secretary, in lieu 
        of the environmental protection procedures otherwise 
        applicable, may by regulation provide for the release 
        of amounts for particular projects to tribes which 
        assume all of the responsibilities for environmental 
        review, decisionmaking, and action pursuant to such 
        Act, and such other provisions of law as the 
        regulations of the Secretary specify, that would apply 
        to the Secretary were the Secretary to undertake such 
        projects as Federal projects.
          (2) Regulations.--
                  (A) In general.--The Secretary shall issue 
                regulations to carry out this section only 
                after consultation with the Council on 
                Environmental Quality.
                  (B) Contents.--The regulations issued under 
                this paragraph shall--
                          (i) provide for the monitoring of the 
                        environmental reviews performed under 
                        this section;
                          (ii) in the discretion of the 
                        Secretary, facilitate training for the 
                        performance of such reviews; and
                          (iii) provide for the suspension or 
                        termination of the assumption of 
                        responsibilities under this section.
          (3) Effect on assumed responsibility.--The duty of 
        the Secretary under paragraph (2)(B) shall not be 
        construed to limit or reduce any responsibility assumed 
        by a recipient of grant amounts with respect to any 
        particular release of funds.
    (b) Procedure.--The Secretary shall approve the release of 
funds subject to the procedures authorized by this section only 
if, not less than 15 days prior to such approval and prior to 
any commitment of funds to such projects, the tribe has 
submitted to the Secretary a request for such release 
accompanied by a certification that meets the requirements of 
subsection (c) of this section. The approval of the Secretary 
of any such certification shall be deemed to satisfy the 
responsibilities of the Secretary under the National 
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] and 
such other provisions of law as the regulations of the 
Secretary specify insofar as those responsibilities relate to 
the releases of funds for projects to be carried out pursuant 
thereto that are covered by such certification.
    (c) Certification.--A certification under the procedures 
authorized by this section shall--
          (1) be in a form acceptable to the Secretary;
          (2) be executed by the chief executive officer or 
        other officer of the tribe under this chapter qualified 
        under regulations of the Secretary;
          (3) specify that the tribe has fully carried out its 
        responsibilities as described under subsection (a) of 
        this section; 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 [42 U.S.C. 
                4321 et seq.] 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) of this section; and
                  (B) is authorized and consents on behalf of 
                the tribe and such officer to accept the 
                jurisdiction of the Federal courts for the 
                purpose of enforcement of the responsibilities 
                of the certifying officer as such an official.
    (d) Environmental Compliance.--The Secretary may waive the 
requirements under this section if the Secretary determines 
that a failure on the part of a recipient to comply with 
provisions of this section--
          (1) will not frustrate the goals of the National 
        Environmental Policy Act of 1969 [42 U.S.C. 4321 et 
        seq.] or any other provision of law that furthers the 
        goals of that Act;
          (2) does not threaten the health or safety of the 
        community involved by posing an immediate or long-term 
        hazard to residents of that community;
          (3) is a result of inadvertent error, including an 
        incorrect or incomplete certification provided under 
        subsection (c)(1) of this section; and
          (4) may be corrected through the sole action of the 
        recipient.
    (e) Environmental Review.--Notwithstanding any other 
provision of law or use of any other source of funding for the 
project, compliance with the environmental review requirements 
of this section shall satisfy any other applicable 
environmental review requirement under any other Federal law 
(including regulations) required to be carried out by any 
agency involved in the project.

   25 U.S.C. Sec. 4117 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4117. Authorization of appropriations

    There are authorized to be appropriated for grants under 
this subchapter such sums as may be necessary for each of 
fiscal years [2009 through 2013] 2013 through 2018. This 
section shall take effect on October 26, 1996.

   25 U.S.C. Sec. 4135 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4135. Low-income requirement and income targeting

    (a) In General.--Housing shall qualify as affordable 
housing for purposes of this chapter 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;
                  (B) in the case of a contract to purchase 
                existing housing, is made available for 
                purchase only by a family that is a low-income 
                family at the time of purchase;
                  (C) in the case of a lease-purchase agreement 
                for existing housing or for housing to be 
                constructed, is made available for lease-
                purchase only by a family that is a low-income 
                family at the time the agreement is entered 
                into; and
                  (D) in the case of a contract to purchase 
                housing to be constructed, is made available 
                for purchase only by a family that is a low-
                income family at the time the contract is 
                entered into; and
          (2) except for housing assisted under section 1437bb 
        of title 42 (as in effect before the date of the 
        effectiveness of this chapter), 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 chapter, except upon 
        a foreclosure by a lender (or upon other transfer in 
        lieu of foreclosure) if such action--
                  (A) recognizes any contractual or legal 
                rights of public agencies, nonprofit sponsors, 
                or others to take actions that would avoid 
                termination of low-income affordability in the 
                case of foreclosure or transfer in lieu of 
                foreclosure; and
                  (B) is not for the purpose of avoiding low-
                income affordability restrictions, as 
                determined by the Secretary.
    (b) Exception.--Notwithstanding subsection (a) of this 
section, housing assisted pursuant to section 4131(b)(2) of 
this title shall be considered affordable housing for purposes 
of this chapter.
    [(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.]
    (c) Applicability.--
          (1) In general.--The provisions of subsection (a)(2) 
        regarding binding commitments for the remaining useful 
        life of property shall not apply to--
                  (A) a family or household member who 
                subsequently takes ownership of a homeownership 
                unit; or
                  (B) any improvement to a privately owned 
                homeownership unit if the aggregate value of 
                the improvement for the 5-year period following 
                completion of the improvement is less than 
                $10,000.
    (d) Purchase.--In the case of rental housing that is made 
available to a current rental tenant for conversion to a 
homebuyer or lease-purchase unit, the current rental tenant may 
purchase through a contract to purchase, lease-purchase 
agreement, or any other sales agreement if the unit is made 
available for occupancy by a family that is a low-income family 
at the time of initial occupancy.

   25 U.S.C. Sec. 4137 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4137. Lease requirements and tenant selection

    (a) Leases.--Except to the extent otherwise provided by or 
inconsistent with tribal law, in renting dwelling units in 
affordable housing assisted with grant amounts provided under 
this chapter, the owner or manager of the housing shall utilize 
leases that--
          (1) do not contain unreasonable terms and conditions;
          (2) require the owner or manager to maintain the 
        housing in compliance with applicable housing codes and 
        quality standards;
          (3) require the owner or manager to give adequate 
        written notice of termination of the lease, which shall 
        be the period of time required under State, tribal, or 
        local law;
          (4) specify that, with respect to any notice of 
        eviction or termination, notwithstanding any State, 
        tribal, or local law, a resident shall be informed of 
        the opportunity, prior to any hearing or trial, to 
        examine any relevant documents, records, or regulations 
        directly related to the eviction or termination;
          (5) require that the owner or manager may not 
        terminate the tenancy, during the term of the lease, 
        except for serious or repeated violation of the terms 
        or conditions of the lease, violation of applicable 
        Federal, State, tribal, or local law, or for other good 
        cause; and
          (6) provide that the owner or manager may terminate 
        the tenancy of a resident for any activity, engaged in 
        by the resident, any member of the household of the 
        resident, or any guest or other person under the 
        control of the resident, that--
                  (A) threatens the health or safety of, or 
                right to peaceful enjoyment of the premises by, 
                other residents or employees of the owner or 
                manager of the housing;
                  (B) threatens the health or safety of, or 
                right to peaceful enjoyment of their premises 
                by, persons residing in the immediate vicinity 
                of the premises; or
                  (C) is criminal activity (including drug-
                related criminal activity) on or off the 
                premises.
    (b) Tenant and Homebuyer Selection.--The owner or manager 
of affordable rental housing assisted with grant amounts 
provided under this chapter shall adopt and utilize written 
tenant and homebuyer selection policies and criteria that--
          (1) are consistent with the purpose of providing 
        housing for low-income families;
          (2) are reasonably related to program eligibility and 
        the ability of the applicant to perform the obligations 
        of the lease; and
          (3) provide for--
                  (A) the selection of tenants and homebuyers 
                from a written waiting list in accordance with 
                the policies and goals set forth in the Indian 
                housing plan for the tribe that is the grant 
                beneficiary of such grant amounts; and
                  (B) the prompt notification in writing to any 
                rejected applicant of that rejection and the 
                grounds for that rejection.
    (c) Notice of Termination.--The notice period described in 
subsection (a)(3) shall apply to projects and programs funded 
in part by amounts authorized under this Act.

  25 U.S.C. Sec. 4145 et seq. (Native American Housing Assistance and 
                        Self-Determination Act)


[Sec. 4145. Purpose

    The purpose of this part 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 4111 of this title 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. 4145a. 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 4111 of this title;
          [(2) that has complied with the requirements of 
        section 4112(b)(6) of this title; and
          [(3) that, during the preceding 3-fiscal-year period, 
        has no unresolved significant and material audit 
        findings or exceptions, as demonstrated in--
                  [(A) the annual audits of that period 
                completed under chapter 75 of title 31 
                (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 part, 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 part.
    [(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 4111 of this 
title 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. 4145b. Use of amounts for housing activities

    [(a) Eligible Housing Activities.--Any amounts made 
available for use under this part 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 
4112(b)(6) of this title, for the construction, acquisition, or 
rehabilitation of housing or infrastructure in accordance with 
section 4132 of this title to provide a benefit to families 
described in section 4131(b)(1) of this title.
    [(b) Prohibition on Certain Activities.--Amounts made 
available for use under this part may not be used for 
commercial or economic development.

[Sec. 4145c. Inapplicability of other provisions.

    [(a) In General.--Except as otherwise specifically provided 
in this chapter, subchapter I, part A of subchapter II, and 
subchapters III through VIII shall not apply to--
          [(1) the program under this part; or
          [(2) amounts made available in accordance with this 
        part.
    [(b) Applicable Provisions.--The following provisions of 
subchapters I through VIII shall apply to the program under 
this part and amounts made available in accordance with this 
part:
          [(1) Section 4111(c) of this title (relating to local 
        cooperation agreements).
          [(2) Subsections (d) and (e) of section 4111 of this 
        title (relating to tax exemption).
          [(3) Section 4111(j) of this title (relating to 
        Federal supply sources).
          [(4) Section 4111(k) of this title (relating to 
        tribal preference in employment and contracting).
          [(5) Section 4112(b)(4) of this title (relating to 
        certification of compliance).
          [(6) Section 4114 of this title (relating to 
        treatment of program income and labor standards).
          [(7) Section 4115 of this title (relating to 
        environmental review).
          [(8) Section 4131(b) of this title (relating to 
        eligible families).
          [(9) Section 4133(c) of this title (relating to 
        insurance coverage).
          [(10) Section 4133(g) of this title (relating to a de 
        minimis exemption for procurement of goods and 
        services).
          [(11) Section 4136 of this title (relating to 
        treatment of funds).
          [(12) Section 4139 of this title (relating to 
        noncompliance with affordable housing requirement).
          [(13) Section 4161 of this title (relating to 
        remedies for noncompliance).
          [(14) Section 4168 of this title (relating to public 
        availability of information).
          [(15) Section 4211 of this title (relating to 50-year 
        leasehold interests in trust or restricted lands for 
        housing purposes).

[Sec. 4145d. Review and report

    [(a) Review.--During calendar year 2011, the Secretary 
shall conduct a review of the results achieved by the program 
under this part 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 4111 of this title 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 part), 
including--
          [(1) recommendations regarding extension of the 
        program for subsequent fiscal years and increasing the 
        amounts under section 4145a(c) of this title 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 chapter, recipients 
participating in the program under this part 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.]

   25 U.S.C. Sec. 4167 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4167. Reports to Congress

    (a) In general.--Not later than 90 days after the 
conclusion of each fiscal year in which assistance under this 
chapter is made available, the Secretary shall submit to the 
[Congress] Committee on Indian Affairs and the Committee on 
Banking, Housing and Urban Affairs of the Senate and the 
Committee on Financial Services of the House of Representatives 
a report that contains--
          (1) a description of the progress made in 
        accomplishing the objectives of this chapter;
          (2) a summary of the use of funds available under 
        this chapter during the preceding fiscal year; and
          (3) a description of the aggregate outstanding loan 
        guarantees under subchapter VI of this chapter.
    (b) Related Reports.--The Secretary may require recipients 
of grant amounts under this chapter 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) 
of this section.
    (c) Public Availability.--The report described in 
subsection (a) shall be made publicly available, including to 
recipients. 

     42 U.S.C. Sec. 1437f(o)(19) United States Housing Act of 1937


Sec. 1437f(o)(19). Low-income housing assistance

          (19) Rental vouchers for veterans affairs supported 
        housing program.--
                    (A) Set aside.--Subject to subparagraph 
                (C), the Secretary shall set aside, from 
                amounts made available for rental assistance 
                under this subsection, the amounts specified in 
                subparagraph (B) for use only for providing 
                such assistance through a supported housing 
                program administered in conjunction with the 
                Department of Veterans Affairs. Such program 
                shall provide rental assistance on behalf of 
                homeless veterans who have chronic mental 
                illnesses or chronic substance use disorders, 
                shall require agreement of the veteran to 
                continued treatment for such mental illness or 
                substance use disorder as a condition of 
                receipt of such rental assistance, and shall 
                ensure such treatment and appropriate case 
                management for each veteran receiving such 
                rental assistance.
                  (B) Amount.--The amount specified in this 
                subparagraph is--
                          (i) for fiscal year 2007, the amount 
                        necessary to provide 500 vouchers for 
                        rental assistance under this 
                        subsection;
                          (ii) for fiscal year 2008, the amount 
                        necessary to provide 1,000 vouchers for 
                        rental assistance under this 
                        subsection;
                          (iii) for fiscal year 2009, the 
                        amount necessary to provide 1,500 
                        vouchers for rental assistance under 
                        this subsection;
                          (iv) for fiscal year 2010, the amount 
                        necessary to provide 2,000 vouchers for 
                        rental assistance under this 
                        subsection; and
                          (v) for fiscal year 2011, the amount 
                        necessary to provide 2,500 vouchers for 
                        rental assistance under this 
                        subsection.
                  (C) Funding through incremental assistance.--
                In any fiscal year, to the extent that this 
                paragraph requires the Secretary to set aside 
                rental assistance amounts for use under this 
                paragraph in an amount that exceeds the amount 
                set aside in the preceding fiscal year, such 
                requirement shall be effective only to such 
                extent or in such amounts as are or have been 
                provided in appropriation Acts for such fiscal 
                year for incremental rental assistance under 
                this subsection.
                  (D) Indian veterans housing rental assistance 
                demonstration program.--
                          (i) Definitions.--In this 
                        subparagraph:
                                  (I) Indian.--The term 
                                `Indian' has the meaning given 
                                the term in section 4 of the 
                                Indian Self-Determination and 
                                Education Assistance Act (25 
                                U.S.C. 450b).
                                  (II) Indian lands.--The term 
                                `Indian lands' has the meaning 
                                given the term in section 3 of 
                                the Native American Business 
                                Development, Trade Promotion, 
                                and Tourism Act of 2000 (25 
                                U.S.C. 4302).
                                  (III) Tribal organization.--
                                The term `tribal organization' 
                                has the meaning given the term 
                                in section 4 of the Indian 
                                Self-Determination and 
                                Education Assistance Act (25 
                                U.S.C. 450b).
                          (ii) Authorization of program.--The 
                        Secretary may use not more than 5 
                        percent of the amounts made available 
                        for rental assistance under this 
                        subsection to carry out a rental 
                        assistance and supportive housing 
                        program, in conjunction with the 
                        Secretary of Veterans Affairs, for the 
                        benefit of Indian veterans who are 
                        homeless or at risk of homelessness and 
                        who are residing on or near Indian 
                        lands.
                          (iii) Model.--The program described 
                        in clause (ii) shall be modeled on the 
                        rental assistance and supportive 
                        housing program authorized under this 
                        section and applicable appropriations 
                        Acts, including administration in 
                        conjunction with the Secretary of 
                        Veterans Affairs, except that the 
                        Secretary may make necessary and 
                        appropriate modifications to facilitate 
                        the use of the program by Indian grant 
                        recipients to serve eligible Indian 
                        veterans.
                          (iv) Eligible recipients.--Rental 
                        assistance under clause (ii) shall be 
                        made available to recipients eligible 
                        to receive grants under section 101 of 
                        the Native American Housing Assistance 
                        and Self-Determination Act of 1996 (25 
                        U.S.C. 4111).
                          (v) Funding criteria.--Rental 
                        assistance under clause (ii) shall be 
                        awarded 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.--Rental 
                        assistance made available under clause 
                        (ii) 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 grantees 
                        shall--
                                  (I) submit to the Secretary, 
                                in a manner prescribed by the 
                                Secretary, reports on the use 
                                of rental assistance provided 
                                under the demonstration 
                                program; and
                                (II) provide to the Secretary 
                                information specified by the 
                                Secretary to assess the 
                                effectiveness of the 
                                demonstration program in 
                                serving eligible veterans.
                          (vii) Consultation.--The Secretary, 
                        in coordination with the Secretary of 
                        Veterans Affairs, shall consult with 
                        recipients of grants under section 101 
                        of the Native American Housing 
                        Assistance and Self-Determination Act 
                        of 1996 (25 U.S.C. 4111) and any other 
                        appropriate tribal organization on the 
                        design of the demonstration program to 
                        ensure the effective delivery of rental 
                        assistance and supportive services to 
                        persons eligible to receive assistance 
                        under this subparagraph.
                          (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 this 
                                subparagraph if the Secretary 
                                finds that the waiver or 
                                alternative requirement is 
                                necessary for the effective 
                                delivery and administration of 
                                rental assistance made 
                                available under this 
                                subparagraph to Indian 
                                veterans.
                                  (II) Exception.--The 
                                Secretary shall not waive or 
                                specify alternative 
                                requirements under subclause 
                                (I) for any provision of law 
                                (including regulations) 
                                relating to labor standards or 
                                the environment.

   25 U.S.C. Sec. 4211 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4211. 50-year leasehold interest in trust or restricted lands for 
                    housing purposes

    (a) Authority To Lease.--Notwithstanding any other 
provision of law, any trust or restricted Indian lands, whether 
tribally or individually owned, may be leased by the Indian 
owners, subject to the approval of the affected Indian tribe 
and the Secretary of the Interior, for housing development and 
residential purposes.
    (b) Term.--Each lease pursuant to subsection (a) of this 
section shall be for a term not exceeding 50 years.
    (c) Rule of Construction.--This section may not be 
construed to repeal, limit, or affect any authority to lease 
any trust or restricted Indian lands that--
          (1) is conferred by or pursuant to any other 
        provision of law in effect before, on, or after the 
        date of enactment of this section; or
          (2) provides for leases for any period exceeding 50 
        years.
    (d) Self-Implementation.--This section is intended to be 
self-implementing and shall not require the issuance of any 
rule, regulation, or order to take effect as provided in 
section 705.

   25 U.S.C. Sec. 4212 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4212. Training and technical assistance

    There are authorized to be appropriated for assistance for 
a national organization representing Native American housing 
interests for providing training and technical assistance to 
Indian housing authorities and tribally designated housing 
entities such sums as may be necessary for each [of fiscal 
years 2009 through 2013] fiscal year for which funds are 
appropriated under section 108.

Public Law 104-330; 110 Stat. 4048 (Native American Housing Assistance 
                      and Self-Determination Act)


Public Law 104-330; 110 Stat. 4048. Community-based development 
                    organization.

    A tribally designated housing entity shall qualify as a 
community-based development organization for purposes of the 
Indian Community Development Block Grant program authorized 
under section 106(a) of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5306(a)).

Public Law 110-411; 122 Stat. 4334 (Native American Housing Assistance 
                      and Self-Determination Act)


[Public Law 110-411; 122 Stat. 4334. 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.]

   25 U.S.C. Sec. 4243 (Native American Housing Assistance and Self-
                           Determination Act)


Sec. 4243. Authorization of appropriations

    There are authorized to be appropriated to the Department 
of Housing and Urban Development for grants under this 
subchapter such sums as may be necessary for each of fiscal 
years [2001, 2002, 2003, 2004, and 2005] 2014, 2015, 2016, 
2017, and 2018.