[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 3219 Enrolled Bill (ENR)]
H.R.3219
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide Federal assistance for Indian tribes in a manner that
recognizes the right of tribal self-governance, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

32638bb727f94aada3de0c5dbc475271988be19b167be0676cab2bdd41194d9a

(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Act of 1996''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

669942ea6d7efecd316a4b7425ffb01bae7a04d8bd799ab4202b701e1378450f

0eb31f675742cb8ed87cb050163a349807a4e69991c1428f334b7108d736ab23

TITLE II

-AFFORDABLE HOUSING ACTIVITIES

932e6cbdc01ecaf6f040665f2e9b019efacc9833a2ac5a2b5d7125b0d6694d79

TITLE IV

-COMPLIANCE, AUDITS, AND REPORTS

bbfe1a3bf8b40ae7040c1ca1140bf0fb48b7678baea442d0ca666fc4d1279171

TITLE V

-TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED

5d41f250fd3ad5c7ca860edbf09c8067b6383bdd7f85d1835d4709f37a97be50

caa932a3a1b438d5f9acd1bf7a1133b0b70a48ac053eb744a3c092e11c58b6b5

TITLE VII

-OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

The Congress finds that--
(1) the Federal Government has a responsibility to promote the
general welfare of the Nation--
(A) by using Federal resources to aid families and
individuals seeking affordable homes in safe and healthy
environments and, in particular, assisting responsible,
deserving citizens who cannot provide fully for themselves
because of temporary circumstances or factors beyond their
control;
(B) by working to ensure a thriving national economy and a
strong private housing market; and
(C) by developing effective partnerships among the Federal
Government, State, tribal, and local governments, and private
entities that allow government to accept responsibility for
fostering the development of a healthy marketplace and allow
families to prosper without government involvement in their
day-to-day activities;
(2) there exists a unique relationship between the Government
of the United States and the governments of Indian tribes and a
unique Federal responsibility to Indian people;
(3) the Constitution of the United States invests the Congress
with plenary power over the field of Indian affairs, and through
treaties, statutes, and historical relations with Indian tribes,
the United States has undertaken a unique trust responsibility to
protect and support Indian tribes and Indian people;
(4) the Congress, through treaties, statutes, and the general
course of dealing with Indian tribes, has assumed a trust
responsibility for the protection and preservation of Indian tribes
and for working with tribes and their members to improve their
housing conditions and socioeconomic status so that they are able
to take greater responsibility for their own economic condition;
(5) providing affordable homes in safe and healthy environments
is an essential element in the special role of the United States in
helping tribes and their members to improve their housing
conditions and socioeconomic status;
(6) the need for affordable homes in safe and healthy
environments on Indian reservations, in Indian communities, and in
Native Alaskan villages is acute and the Federal Government should
work not only to provide housing assistance, but also, to the
extent practicable, to assist in the development of private housing
finance mechanisms on Indian lands to achieve the goals of economic
self-sufficiency and self-determination for tribes and their
members; and
(7) Federal assistance to meet these responsibilities should be
provided in a manner that recognizes the right of Indian self-
determination and tribal self-governance by making such assistance
available directly to the Indian tribes or tribally designated
entities under authorities similar to those accorded Indian tribes
in Public Law 93-638 (25 U.S.C. 450 et seq.).

44ceb77f0cf9f33750160f2c7b53073248a7424b444cdaef8f70f4e132e79e1c

The Secretary of Housing and Urban Development shall carry out this
Act through the Office of Native American Programs of the Department of
Housing and Urban Development.

d2117cef4a7a3c407f721c440c4778f6ef716a2e87ed38ecf763d24e61ebfe67

For purposes of this Act, the following definitions shall apply:
(1) Adjusted income.--The term ``adjusted income'' means the
annual income that remains after excluding the following amounts:
(A) Youths, students, and persons with dis- abilities.--
$480 for each member of the family residing in the household
(other than the head of the household or the spouse of the head
of the household)--
(i) who is under 18 years of age; or
(ii) who is--
(I) 18 years of age or older; and
(II) a person with disabilities or a full-time
student.
(B) Elderly and disabled families.--$400 for an elderly or
disabled family.
(C) Medical and attendant expenses.--The amount by which 3
percent of the annual income of the family is exceeded by the
aggregate of--
(i) medical expenses, in the case of an elderly or
disabled family; and
(ii) reasonable attendant care and auxiliary apparatus
expenses for each family member who is a person with
disabilities, to the extent necessary to enable any member
of the family (including a member who is a person with
disabilities) to be employed.
(D) Child care expenses.--Child care expenses, to the
extent necessary to enable another member of the family to be
employed or to further his or her education.
(E) Earned income of minors.--The amount of any earned
income of any member of the family who is less than 18 years of
age.
(F) Travel expenses.--Excessive travel expenses, not to
exceed $25 per family per week, for employment- or education-
related travel.
(G) Other amounts.--Such other amounts as may be provided
in the Indian housing plan for an Indian tribe.
(2) Affordable housing.--The term ``affordable housing'' means
housing that complies with the requirements for affordable housing
under title II. The term includes permanent housing for homeless
persons who are persons with disabilities, transitional housing,
and single room occupancy housing.
(3) Drug-related criminal activity.--The term ``drug-related
criminal activity'' means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell,
distribute, or use, of a controlled substance (as such term is
defined in section 102 of the Controlled Substances Act).
(4) Elderly families and near-elderly families.--The terms
``elderly family'' and ``near-elderly family'' mean a family whose
head (or his or her spouse), or whose sole member, is an elderly
person or a near-elderly person, respectively. Such terms include 2
or more elderly persons or near-elderly persons living together,
and 1 or more such persons living with 1 or more persons determined
under the Indian housing plan for the agency to be essential to
their care or well-being.
(5) Elderly person.--The term ``elderly person'' means a person
who is at least 62 years of age.
(6) Family.--The term ``family'' includes a family with or
without children, an elderly family, a near-elderly family, a
disabled family, and a single person.
(7) Grant beneficiary.--The term ``grant beneficiary'' means
the Indian tribe or tribes on behalf of which a grant is made under
this Act to a recipient.
(8) Income.--The term ``income'' means income from all sources
of each member of the household, as determined in accordance with
criteria prescribed by the Secretary, except that the following
amounts may not be considered as income under this paragraph:
(A) Any amounts not actually received by the family.
(B) Any amounts that would be eligible for exclusion under
section 1613(a)(7) of the Social Security Act.
(9) Indian.--The term ``Indian'' means any person who is a
member of an Indian tribe.
(10) Indian area.--The term ``Indian area'' means the area
within which a tribally designated housing entity is authorized by
one or more Indian tribes to provide assistance under this Act for
affordable housing.
(11) Indian housing plan.--The term ``Indian housing plan''
means a plan under section 102.
(12) Indian tribe.--
(A) In general.--The term ``Indian tribe'' means a tribe
that is a federally recognized tribe or a State recognized
tribe.
(B) Federally recognized tribe.--The term ``federally
recognized tribe'' means any Indian tribe, band, nation, or
other organized group or community of Indians, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims
Settlement Act, that is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians pursuant to the Indian Self-
Determination and Education Assistance Act of 1975.
(C) State recognized tribe.--
(i) In general.--The term ``State recognized tribe''
means any tribe, band, nation, pueblo, village, or
community--
(I) that has been recognized as an Indian tribe by
any State; and
(II) for which an Indian Housing Authority has,
before the effective date under section 107, entered
into a contract with the Secretary pursuant to the
United States Housing Act of 1937 for housing for
Indian families and has received funding pursuant to
such contract within the 5-year period ending upon such
effective date.
(ii) Conditions.--Notwithstanding clause (i)--
(I) the allocation formula under section 302 shall
be determined for a State recognized tribe under tribal
membership eligibility criteria in existence on the
date of the enactment of this Act; and
(II) nothing in this paragraph shall be construed
to confer upon a State recognized tribe any rights,
privileges, responsibilities, or obligations otherwise
accorded groups recognized as Indian tribes by the
United States for other purposes.
(13) Low-income family.--The term ``low-income family'' means a
family whose income does not exceed 80 percent of the median income
for the area, as determined by the Secretary with adjustments for
smaller and larger families, except that the Secretary may, for
purposes of this paragraph, establish income ceilings higher or
lower than 80 percent of the median for the area on the basis of
the findings of the Secretary or the agency that such variations
are necessary because of prevailing levels of construction costs or
unusually high or low family incomes.
(14) Median income.--The term ``median income'' means, with
respect to an area that is an Indian area, the greater of--
(A) the median income for the Indian area, which the
Secretary shall determine; or
(B) the median income for the United States.
(15) Near-elderly person.--The term ``near-elderly person''
means a person who is at least 55 years of age and less than 62
years of age.
(16) Nonprofit.--The term ``nonprofit'' means, with respect to
an organization, association, corporation, or other entity, that no
part of the net earnings of the entity inures to the benefit of any
member, founder, contributor, or individual.
(17) Person with disabilities.--The term ``person with
disabilities'' means a person who--
(A) has a disability as defined in section 223 of the
Social Security Act;
(B) is determined, pursuant to regulations issued by the
Secretary, to have a physical, mental, or emotional impairment
which--
(i) is expected to be of long-continued and indefinite
duration;
(ii) substantially impedes his or her ability to live
independently; and
(iii) is of such a nature that such ability could be
improved by more suitable housing conditions; or
(C) has a developmental disability as defined in section
102 of the Developmental Disabilities Assistance and Bill of
Rights Act.
Such term shall not exclude persons who have the disease of
acquired immunodeficiency syndrome or any conditions arising from
the etiologic agent for acquired immunodeficiency syndrome.
Notwithstanding any other provision of law, no individual shall be
considered a person with disabilities, for purposes of eligibility
for housing assisted under this Act, solely on the basis of any
drug or alcohol dependence. The Secretary shall consult with other
appropriate Federal agencies to implement the preceding sentence.
(18) Recipient.--The term ``recipient'' means an Indian tribe
or the entity for one or more Indian tribes that is authorized to
receive grant amounts under this Act on behalf of the tribe or
tribes.
(19) Secretary.--Except as otherwise specifically provided in
this Act, the term ``Secretary'' means the Secretary of Housing and
Urban Development.
(20) State.--The term ``State'' means the States of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, Guam, the Virgin
Islands, American Samoa, and any other territory or possession of
the United States and Indian tribes.
(21) Tribally designated housing entity.--The terms ``tribally
designated housing entity'' and ``housing entity'' have the
following meaning:
(A) Existing iha's.--With respect to any Indian tribe that
has not taken action under subparagraph (B), and for which an
Indian housing authority--
(i) was established for purposes of the United States
Housing Act of 1937 before the date of the enactment of
this Act that meets the requirements under the United
States Housing Act of 1937,
(ii) is acting upon such date of enactment as the
Indian housing authority for the tribe, and
(iii) is not an Indian tribe for purposes of this Act,
the terms mean such Indian housing authority.
(B) Other entities.--With respect to any Indian tribe that,
pursuant to this Act, authorizes an entity other than the
tribal government to receive grant amounts and provide
assistance under this Act for affordable housing for Indians,
which entity is established--
(i) by exercise of the power of self-government of one
or more Indian tribes independent of State law, or
(ii) by operation of State law providing specifically
for housing authorities or housing entities for Indians,
including regional housing authorities in the State of
Alaska,
the terms mean such entity.
(C) Establishment.--A tribally designated housing entity
may be authorized or established by one or more Indian tribes
to act on behalf of each such tribe authorizing or establishing
the housing entity.

77ebce2b576315233021014b3dcb945ee23e079c2663cb8fb388b12bbc11d2f6

(a) Authority.--For each fiscal year, the Secretary shall (to the
extent amounts are made available to carry out this Act) make grants
under this section on behalf of Indian tribes to carry out affordable
housing activities. Under such a grant on behalf of an Indian tribe,
the Secretary shall provide the grant amounts for the tribe directly to
the recipient for the tribe.
(b) Plan Requirement.--
(1) In general.--The Secretary may make a grant under this Act
on behalf of an Indian tribe for a fiscal year only if--
(A) the Indian tribe has submitted to the Secretary an
Indian housing plan for such fiscal year under section 102; and
(B) the plan has been determined under section 103 to
comply with the requirements of section 102.
(2) Waiver.--The Secretary may waive the applicability of the
requirements under paragraph (1), in whole or in part, if the
Secretary finds that an Indian tribe has not complied or cannot
comply with such requirements due to circumstances beyond the
control of the tribe.
(c) Local Cooperation Agreement.--The Secretary may not make any
grant under this Act on behalf of an Indian tribe unless the governing
body of the locality within which any affordable housing to be assisted
with the grant amounts will be situated has entered into an agreement
with the recipient for the tribe providing for local cooperation
required by the Secretary pursuant to this Act.
(d) Exemption From Taxation.--A grant recipient for an Indian tribe
may receive a block grant under this Act only if--
(1) the affordable housing assisted with grant amounts received
by the recipient (exclusive of any portions not assisted with
amounts provided under this Act) is exempt from all real and
personal property taxes levied or imposed by any State, tribe,
city, county, or other political subdivision; and
(2) the recipient makes annual payments of user fees to
compensate such governments for the costs of providing governmental
services, including police and fire protection, roads, water and
sewerage systems, utilities systems and related facilities, or
payments in lieu of taxes to such taxing authority, in an amount
equal to the greater of $150 per dwelling unit or 10 percent of the
difference between the shelter rent and the utility cost, or such
lesser amount as--
(A) is prescribed by State, tribal, or local law;
(B) is agreed to by the local governing body in the
agreement under subsection (c); or
(C) the recipient and the local governing body agree that
such user fees or payments in lieu of taxes shall not be made.
(e) Effect of Failure To Exempt From Taxation.--Notwithstanding
subsection (d), a grant recipient that does not comply with the
requirements under such subsection may receive a block grant under this
Act, but only if the tribe, State, city, county, or other political
subdivision in which the affordable housing development is located
contributes, in the form of cash or tax remission, the amount by which
the taxes paid with respect to the development exceed the amounts
prescribed in subsection (d)(2).
(f) Amount.--Except as otherwise provided under this Act, the
amount of a grant under this section to a recipient for a fiscal year
shall be--
(1) in the case of a recipient whose grant beneficiary is a
single Indian tribe, the amount of the allocation under section 301
for the Indian tribe; and
(2) in the case of a recipient whose grant beneficiary is more
than 1 Indian tribe, the sum of the amounts of the allocations
under section 301 for each such Indian tribe.
(g) Use for Affordable Housing Activities Under Plan.--Except as
provided in subsection (h), amounts provided under a grant under this
section may be used only for affordable housing activities under title
II that are consistent with an Indian housing plan approved under
section 103.
(h) Administrative Expenses.--The Secretary shall, by regulation,
authorize each recipient to use a percentage of any grant amounts
received under this Act for any reasonable administrative and planning
expenses of the recipient relating to carrying out this Act and
activities assisted with such amounts, which may include costs for
salaries of individuals engaged in administering and managing
affordable housing activities assisted with grant amounts provided
under this Act and expenses of preparing an Indian housing plan under
section 102.
(i) Public-Private Partnerships.--Each recipient shall make all
reasonable efforts, consistent with the purposes of this Act, to
maximize participation by the private sector, including nonprofit
organizations and for-profit entities, in implementing the approved
Indian housing plan.

0fb4b2a8aee8033bf598be86dfc9806f39e5aeb1d7cdcdb9a1e2dbe5272add60

TITLE I

-BLOCK GRANTS AND GRANT REQUIREMENTS

(a) Plan Submission.--The Secretary shall provide--
(1) for an Indian tribe to submit to the Secretary, for each
fiscal year, a housing plan under this section for the tribe;
(2) for the tribally designated housing entity for the tribe to
submit the plan as provided in subsection (d) for the tribe; and
(3) for the review of such plans.
(b) 5-Year Plan.--Each housing plan under this section shall be in
a form prescribed by the Secretary and shall contain, with respect to
the 5-year period beginning with the fiscal year for which the plan is
submitted, the following information:
(1) Mission statement.--A general statement of the mission of
the Indian tribe to serve the needs of the low-income families in
the jurisdiction of the Indian tribe during the period.
(2) Goals and objectives.--A statement of the goals and
objectives of the Indian tribe to enable the tribe to serve the
needs identified in paragraph (1) during the period.
(3) Activities plan.--An overview of the activities planned
during the period including an analysis of the manner in which the
activities will enable the tribe to meet its mission, goals, and
objectives.
(c) 1-Year Plan.--A housing plan under this section for an Indian
tribe shall be in a form prescribed by the Secretary and contain the
following information relating to the upcoming fiscal year for which
the assistance under this Act is to be made available:
(1) Goals and objectives.--A statement of the goals and
objectives to be accomplished during that period.
(2) Statement of needs.--A statement of the housing needs of
the low-income Indian families residing in the jurisdiction of the
Indian tribe and the means by which such needs will be addressed
during the period, including--
(A) a description of the estimated housing needs and the
need for assistance for the low-income Indian families in the
jurisdiction, including a description of the manner in which
the geographical distribution of assistance is consistent with
the geographical needs and needs for various categories of
housing assistance; and
(B) a description of the estimated housing needs for all
Indian families in the jurisdiction.
(3) Financial resources.--An operating budget for the
recipient, in a form prescribed by the Secretary, that includes--
(A) an identification and a description of the financial
resources reasonably available to the recipient to carry out
the purposes of this Act, including an explanation of the
manner in which amounts made available will leverage additional
resources; and
(B) the uses to which such resources will be committed,
including eligible and required affordable housing activities
under title II and administrative expenses.
(4) Affordable housing resources.--A statement of the
affordable housing resources currently available and to be made
available during the period, including--
(A) a description of the significant characteristics of the
housing market in the jurisdiction, including the availability
of housing from other public sources, private market housing,
and the manner in which such characteristics influence the
decision of the recipient to use grant amounts to be provided
under this Act for rental assistance, production of new units,
acquisition of existing units, or rehabilitation of units;
(B) a description of the structure, coordination, and means
of cooperation between the recipient and any other governmental
entities in the development, submission, or implementation of
housing plans, including a description of the involvement of
private, public, and nonprofit organizations and institutions,
and the use of loan guarantees under section 184 of the Housing
and Community Development Act of 1992, and other housing
assistance provided by the Federal Government for Indian
tribes, including loans, grants, and mortgage insurance;
(C) a description of the manner in which the plan will
address the needs identified pursuant to paragraph (2);
(D) a description of the manner in which the recipient will
protect and maintain the viability of housing owned and
operated by the recipient that was developed under a contract
between the Secretary and an Indian housing authority pursuant
to the United States Housing Act of 1937;
(E) a description of any existing and anticipated
homeownership programs and rental programs to be carried out
during the period, and the requirements and assistance
available under such programs;
(F) a description of any existing and anticipated housing
rehabilitation programs necessary to ensure the long-term
viability of the housing to be carried out during the period,
and the requirements and assistance available under such
programs;
(G) a description of all other existing or anticipated
housing assistance provided by the recipient during the period,
including transitional housing, homeless housing, college
housing, supportive services housing, and the requirements and
assistance available under such programs;
(H) a description of any housing to be demolished or
disposed of, a timetable for such demolition or disposition,
and any other information required by the Secretary with
respect to such demolition or disposition;
(I) a description of the manner in which the recipient will
coordinate with tribal and State welfare agencies to ensure
that residents of such housing will be provided with access to
resources to assist in obtaining employment and achieving self-
sufficiency;
(J) a description of the requirements established by the
recipient to promote the safety of residents of such housing,
facilitate the undertaking of crime prevention measures, allow
resident input and involvement, including the establishment of
resident organizations, and allow for the coordination of crime
prevention activities between the recipient and tribal and
local law enforcement officials; and
(K) a description of the entity that will carry out the
activities under the plan, including the organizational
capacity and key personnel of the entity.
(5) Certification of compliance.--Evidence of compliance which
shall include, as appropriate--
(A) a certification that the recipient will comply with
title II of the Civil Rights Act of 1968 in carrying out this
Act, to the extent that such title is applicable, and other
applicable Federal statutes;
(B) a certification that the recipient will maintain
adequate insurance coverage for housing units that are owned
and operated or assisted with grant amounts provided under this
Act, in compliance with such requirements as may be established
by the Secretary;
(C) a certification that policies are in effect and are
available for review by the Secretary and the public governing
the eligibility, admission, and occupancy of families for
housing assisted with grant amounts provided under this Act;
(D) a certification that policies are in effect and are
available for review by the Secretary and the public governing
rents charged, including the methods by which such rents or
homebuyer payments are determined, for housing assisted with
grant amounts provided under this Act; and
(E) a certification that policies are in effect and are
available for review by the Secretary and the public governing
the management and maintenance of housing assisted with grant
amounts provided under this Act.
(d) Participation of Tribally Designated Housing Entity.--A plan
under this section for an Indian tribe may be prepared and submitted on
behalf of the tribe by the tribally designated housing entity for the
tribe, but only if such plan contains a certification by the recognized
tribal government of the grant beneficiary that such tribe--
(1) has had an opportunity to review the plan and has
authorized the submission of the plan by the housing entity; or
(2) has delegated to such tribally designated housing entity
the authority to submit a plan on behalf of the tribe without prior
review by the tribe.
(e) Coordination of Plans.--A plan under this section may cover
more than 1 Indian tribe, but only if the certification requirements
under subsection (d) are complied with by each such grant beneficiary
covered.
(f) Plans for Small Tribes.--
(1) Separate requirements.--The Secretary may--
(A) establish requirements for submission of plans under
this section and the information to be included in such plans
applicable to small Indian tribes and small tribally designated
housing entities; and
(B) waive any requirements under this section that the
Secretary determines are burdensome or unnecessary for such
tribes and housing entities.
(2) Small tribes.--The Secretary may define small Indian tribes
and small tribally designated housing entities based on the number
of dwelling units assisted under this title by the tribe or housing
entity or owned or operated pursuant to a contract under the United
States Housing Act of 1937 between the Secretary and the Indian
housing authority for the tribe.
(g) Regulations.--The requirements relating to the contents of
plans under this section shall be established by regulation, pursuant
to section 106.

d55d74f548c7207cf8568b66f2ef98f2dc4539279195a7f5d5a746c7069d404d

(a) Review and Notice.--
(1) Review.--The Secretary shall conduct a limited review of
each Indian housing plan submitted to the Secretary to ensure that
the plan complies with the requirements of section 102. The
Secretary shall have the discretion to review a plan only to the
extent that the Secretary considers review is necessary.
(2) Notice.--The Secretary shall notify each Indian tribe for
which a plan is submitted and any tribally designated housing
entity for the tribe whether the plan complies with such
requirements not later than 60 days after receiving the plan. If
the Secretary does not notify the Indian tribe, as required under
this subsection and subsection (b), the plan shall be considered,
for purposes of this Act, to have been determined to comply with
the requirements under section 102 and the tribe shall be
considered to have been notified of compliance upon the expiration
of such 60-day period.
(b) Notice of Reasons for Determination of Noncompliance.--If the
Secretary determines that a plan, as submitted, does not comply with
the requirements under section 102, the Secretary shall specify in the
notice under subsection (a) the reasons for the noncompliance and any
modifications necessary for the plan to meet the requirements under
section 102.
(c) Review.--After submission of the Indian housing plan or any
amendment or modification to the plan to the Secretary, to the extent
that the Secretary considers such action to be necessary to make
determinations under this subsection, the Secretary shall review the
plan (including any amendments or modifications thereto) to determine
whether the contents of the plan--
(1) set forth the information required by section 102 to be
contained in an Indian housing plan;
(2) are consistent with information and data available to the
Secretary; and
(3) are prohibited by or inconsistent with any provision of
this Act or other applicable law.
If the Secretary determines that any of the appropriate certifications
required under section 102(c)(5) are not included in the plan, the plan
shall be deemed to be incomplete.
(d) Updates to Plan.--After a plan under section 102 has been
submitted for an Indian tribe for any fiscal year, the tribe may comply
with the provisions of such section for any succeeding fiscal year
(with respect to information included for the 5-year period under
section 102(b) or the 1-year period under section 102(c)) by submitting
only such information regarding such changes as may be necessary to
update the plan previously submitted. Not less than once every 5 years,
the tribe shall submit a complete plan.
(e) Effective Date.--This section and section 102 shall take effect
on the date provided by the Secretary pursuant to section 106(a) to
provide for timely submission and review of Indian housing plans as
necessary for the provision of assistance under this Act in fiscal year
1998.

a0377b6e274ed70c3d3ef4fb82b0d57bef6cd0f71cee80f31a9f13041d3d16fc

(a) Program Income.--
(1) Authority to retain.--A recipient may retain any program
income that is realized from any grant amounts under this Act if--
(A) such income was realized after the initial disbursement
of the grant amounts received by the recipient; and
(B) the recipient has agreed that it will utilize the
program income for affordable housing activities in accordance
with the provisions of this Act.
(2) Prohibition of reduction of grant.--The Secretary may not
reduce the grant amount for any Indian tribe based solely on--
(A) whether the recipient for the tribe retains program
income under paragraph (1);
(B) the amount of any such program income retained; or
(C) whether the recipient retains reserve amounts described
in section 210.
(3) Exclusion of amounts.--The Secretary may, by regulation,
exclude from consideration as program income any amounts determined
to be so small that compliance with the requirements of this
subsection would create an unreasonable administrative burden on
the recipient.
(b) Labor Standards.--
(1) In general.--Any contract or agreement for assistance,
sale, or lease pursuant to this Act shall contain a provision
requiring that not less than the wages prevailing in the locality,
as determined or adopted (subsequent to a determination under
applicable State, tribal, or local law) by the Secretary, shall be
paid to all architects, technical engineers, draftsmen, and
technicians employed in the development, and all maintenance
laborers and mechanics employed in the operation, of the affordable
housing project involved; and shall also contain a provision that
not less than the wages prevailing in the locality, as
predetermined by the Secretary of Labor pursuant to the Davis-Bacon
Act (40 U.S.C. 276a-276a-5), shall be paid to all laborers and
mechanics employed in the development of the affordable housing
involved, and the Secretary shall require certification as to
compliance with the provisions of this paragraph before making any
payment under such contract or agreement.
(2) Exceptions.--Paragraph (1) and the provisions relating to
wages (pursuant to paragraph (1)) in any contract or agreement for
assistance, sale, or lease pursuant to this Act, shall not apply to
any individual who receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services for
which the individual volunteered and who is not otherwise employed
at any time in the construction work.

e90a4bea006903fc1a930235adb1b92776d8ef88a43927f34ac88034bdaa4720

(a) In General.--
(1) Release of funds.--In order to ensure that the policies of
the National Environmental Policy Act of 1969 and other provisions
of law that further the purposes of such Act (as specified in
regulations issued by the Secretary) are most effectively
implemented in connection with the expenditure of grant amounts
provided under this Act, and to ensure to the public undiminished
protection of the environment, the Secretary, in lieu of the
environmental protection procedures otherwise applicable, may by
regulation provide for the release of amounts for particular
projects to tribes which assume all of the responsibilities for
environmental review, decisionmaking, and action pursuant to such
Act, and such other provisions of law as the regulations of the
Secretary specify, that would apply to the Secretary were the
Secretary to undertake such projects as Federal projects.
(2) Regulations.--
(A) In general.--The Secretary shall issue regulations to
carry out this section only after consultation with the Council
on Environmental Quality.
(B) Contents.--The regulations issued under this paragraph
shall--
(i) provide for the monitoring of the environmental
reviews performed under this section;
(ii) in the discretion of the Secretary, facilitate
training for the performance of such reviews; and
(iii) provide for the suspension or termination of the
assumption of responsibilities under this section.
(3) Effect on assumed responsibility.--The duty of the
Secretary under paragraph (2)(B) shall not be construed to limit or
reduce any responsibility assumed by a recipient of grant amounts
with respect to any particular release of funds.
(b) Procedure.--The Secretary shall approve the release of funds
subject to the procedures authorized by this section only if, not less
than 15 days prior to such approval and prior to any commitment of
funds to such projects, the tribe has submitted to the Secretary a
request for such release accompanied by a certification that meets the
requirements of subsection (c). The approval of the Secretary of any
such certification shall be deemed to satisfy the responsibilities of
the Secretary under the National Environmental Policy Act of 1969 and
such other provisions of law as the regulations of the Secretary
specify insofar as those responsibilities relate to the releases of
funds for projects to be carried out pursuant thereto that are covered
by such certification.
(c) Certification.--A certification under the procedures authorized
by this section shall--
(1) be in a form acceptable to the Secretary;
(2) be executed by the chief executive officer or other officer
of the tribe under this Act qualified under regulations of the
Secretary;
(3) specify that the tribe has fully carried out its
responsibilities as described under subsection (a); and
(4) specify that the certifying officer--
(A) consents to assume the status of a responsible Federal
official under the National Environmental Policy Act of 1969
and each provision of law specified in regulations issued by
the Secretary insofar as the provisions of such Act or such
other provisions of law apply pursuant to subsection (a); and
(B) is authorized and consents on behalf of the tribe and
such officer to accept the jurisdiction of the Federal courts
for the purpose of enforcement of the responsibilities of the
certifying officer as such an official.

d7ff76b0c4750e9765db332859fda4078354efa3bcc3928da0f872e8b74fc50a

(a) Transition Requirements.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall, by notice issued in the
Federal Register, establish any requirements necessary to provide
for the transition (upon the effectiveness of this Act and the
amendments made by this Act) from the provision of assistance for
Indian tribes and Indian housing authorities under the United
States Housing Act of 1937 and other related provisions of law to
the provision of assistance in accordance with this Act and the
amendments made by this Act.
(2) Public comments; general notice of proposed rulemaking.--
The notice issued under paragraph (1) shall--
(A) invite public comments regarding such transition
requirements and final regulations to carry out this Act; and
(B) include a general notice of proposed rulemaking (for
purposes of section 564(a) of title 5, United States Code) of
the final regulations under subsection (b).
(b) Final Regulations.--
(1) Timing.--The Secretary shall issue final regulations
necessary to carry out this Act not later than September 1, 1997,
and such regulations shall take effect not later than the effective
date of this Act.
(2) Negotiated rulemaking procedure.--
(A) In general.--Notwithstanding sections 563(a) and 565(a)
of title 5, United States Code, all regulations required under
this Act shall be issued according to a negotiated rulemaking
procedure under subchapter III of chapter 5 of title 5, United
States Code.
(B) Committee.--
(i) In general.--The Secretary shall establish a
negotiated rulemaking committee, in accordance with the
procedures under that subchapter, for the development of
proposed regulations under subparagraph (A).
(ii) Adaptation.--In establishing the negotiated
rulemaking committee, the Secretary shall--
(I) adapt the procedures under the subchapter
described in clause (i) to the unique government-to-
government relationship between the Indian tribes and
the United States, and shall ensure that the membership
of the committee include only representatives of the
Federal Government and of geographically diverse small,
medium, and large Indian tribes; and
(II) shall not preclude the participation of
tribally designated housing entities should tribes
elect to be represented by such entities.
(c) Effective Date.--This section shall take effect on the date of
the enactment of this Act.

d41e82f45541a2ca1cd4745db83454fa521c7ce2838391668bc5f609aa872504

Except as otherwise expressly provided in this Act, this Act and
the amendments made by this Act shall take effect on October 1, 1997.

04f8cfeb3c9a22e019d54efa007c1ed970b55868157d8aec935d1309d3d6cf1a

There are authorized to be appropriated for grants under this title
such sums as may be necessary for each of fiscal years 1998, 1999,
2000, and 2001. This section shall take effect on the date of the
enactment of this Act.

ab41b4f8865d9103dfc4588a6e41feab028dda208086b564c09012d5ad025978

(a) Primary Objective.--The national objectives of this Act are--
(1) to assist and promote affordable housing activities to
develop, maintain, and operate affordable housing in safe and
healthy environments on Indian reservations and in other Indian
areas for occupancy by low-income Indian families;
(2) to ensure better access to private mortgage markets for
Indian tribes and their members and to promote self- sufficiency of
Indian tribes and their members;
(3) to coordinate activities to provide housing for Indian
tribes and their members with Federal, State, and local activities
to further economic and community development for Indian tribes and
their members;
(4) to plan for and integrate infrastructure resources for
Indian tribes with housing development for tribes; and
(5) to promote the development of private capital markets in
Indian country and to allow such markets to operate and grow,
thereby benefiting Indian communities.
(b) Eligible Families.--
(1) In general.--Except as provided under paragraph (2),
assistance under eligible housing activities under this Act shall
be limited to low-income Indian families on Indian reservations and
other Indian areas.
(2) Exception to low-income requirement.--A recipient may
provide assistance for homeownership activities under section
202(2), model activities under section 202(6), or loan guarantee
activities under title VI to Indian families who are not low-income
families, to the extent that the Secretary approves the activities
pursuant to such section or title because there is a need for
housing for such families that cannot reasonably be met without
such assistance. The Secretary shall establish limits on the amount
of assistance that may be provided under this Act for activities
for families who are not low-income families.
(3) Non-indian families.--Notwithstanding paragraph (1), a
recipient may provide housing or housing assistance provided
through affordable housing activities assisted with grant amounts
under this Act for a non-Indian family on an Indian reservation or
other Indian area if the recipient determines that the presence of
the family on the Indian reservation or other Indian area is
essential to the well-being of Indian families and the need for
housing for the family cannot reasonably be met without such
assistance.
(4) Preference for tribal members and other indian families.--
The Indian housing plan for an Indian tribe may require preference,
for housing or housing assistance provided through affordable
housing activities assisted with grant amounts provided under this
Act on behalf of such tribe, to be given (to the extent
practicable) to Indian families who are members of such tribe, or
to other Indian families. In any case in which the applicable
Indian housing plan for an Indian tribe provides for preference
under this paragraph, the recipient for the tribe shall ensure that
housing activities that are assisted with grant amounts under this
Act for such tribe are subject to such preference.
(5) Exemption.--Title VI of the Civil Rights Act of 1964 and
title VIII of the Civil Rights Act of 1968 shall not apply to
actions by Indian tribes under this subsection.

0f469ccfb3e33077d7c114db26a0dc6935747b540db30d716d0cdd5355f44374

Affordable housing activities under this title are activities, in
accordance with the requirements of this title, to develop or to
support affordable housing for rental or homeownership, or to provide
housing services with respect to affordable housing, through the
following activities:
(1) Indian housing assistance.--The provision of modernization
or operating assistance for housing previously developed or
operated pursuant to a contract between the Secretary and an Indian
housing authority.
(2) Development.--The acquisition, new construction,
reconstruction, or moderate or substantial rehabilitation of
affordable housing, which may include real property acquisition,
site improvement, development of utilities and utility services,
conversion, demolition, financing, administration and planning, and
other related activities.
(3) Housing services.--The provision of housing-related
services for affordable housing, such as housing counseling in
connection with rental or homeownership assistance, establishment
and support of resident organizations and resident management
corporations, energy auditing, activities related to the provision
of self-sufficiency and other services, and other services related
to assisting owners, tenants, contractors, and other entities,
participating or seeking to participate in other housing activities
assisted pursuant to this section.
(4) Housing management services.--The provision of management
services for affordable housing, including preparation of work
specifications, loan processing, inspections, tenant selection,
management of tenant-based rental assistance, and management of
affordable housing projects.
(5) Crime prevention and safety activities.--The provision of
safety, security, and law enforcement measures and activities
appropriate to protect residents of affordable housing from crime.
(6) Model activities.--Housing activities under model programs
that are designed to carry out the purposes of this Act and are
specifically approved by the Secretary as appropriate for such
purpose.

6a71350aaa6eac65cfc8f025e47db0092df36ce46d107798f793d89122c7e4e7

(a) Rents.--
(1) Establishment.--Subject to paragraph (2), each recipient
shall develop written policies governing rents and homebuyer
payments charged for dwelling units assisted under this Act,
including the methods by which such rents and homebuyer payments
are determined.
(2) Maximum rent.--In the case of any low-income family
residing in a dwelling unit assisted with grant amounts under this
Act, the monthly rent or homebuyer payment (as
applicable) for such dwelling unit may not exceed 30 percent of the
monthly adjusted income of such family.
(b) Maintenance and Efficient Operation.--Each recipient who owns
or operates (or is responsible for funding any entity that owns or
operates) housing developed or operated pursuant to a contract between
the Secretary and an Indian housing authority pursuant to the United
States Housing Act of 1937 shall, using amounts of any grants received
under this Act, reserve and use for operating assistance under section
202(1) such amounts as may be necessary to provide for the continued
maintenance and efficient operation of such housing. This subsection
may not be construed to prevent any recipient (or entity funded by a
recipient) from demolishing or disposing of Indian housing referred to
in this subsection, pursuant to regulations established by the
Secretary.
(c) Insurance Coverage.--Each recipient shall maintain adequate
insurance coverage for housing units that are owned or operated or
assisted with grant amounts provided under this Act.
(d) Eligibility for Admission.--Each recipient shall develop
written policies governing the eligibility, admission, and occupancy of
families for housing assisted with grant amounts provided under this
Act.
(e) Management and Maintenance.--Each recipient shall develop
policies governing the management and maintenance of housing assisted
with grant amounts under this Act.

8d6e65f342d629c01bbf738ab07c2a5bf1a82307a9a20d596e09d083ea3d247f

(a) In General.--Subject to section 203 and the Indian housing plan
for an Indian tribe, the recipient for that tribe shall have--
(1) the discretion to use grant amounts for affordable housing
activities through equity investments, interest-bearing loans or
advances, noninterest-bearing loans or advances, interest
subsidies, leveraging of private investments, or any other form of
assistance that the Secretary has determined to be consistent with
the purposes of this Act; and
(2) the right to establish the terms of assistance.
(b) Investments.--A recipient may invest grant amounts for the
purposes of carrying out affordable housing activities in investment
securities and other obligations as approved by the Secretary.

1c1e835285f1180daa588db44c13321a39c44800ead74653fd8fb14f2c0d6454

(a) In General.--Housing shall qualify as affordable housing for
purposes of this Act only if--
(1) each dwelling unit in the housing--
(A) in the case of rental housing, is made available for
occupancy only by a family that is a low-income family at the
time of their initial occupancy of such unit; and
(B) in the case of housing for homeownership, is made
available for purchase only by a family that is a low-income
family at the time of purchase; and
(2) except for housing assisted under section 202 of the United
States Housing Act of 1937 (as in effect before the date of the
effectiveness of this Act), each dwelling unit in the housing will
remain affordable, according to binding commitments satisfactory to
the Secretary, for the remaining useful life of the property (as
determined by the Secretary) without regard to the term of the
mortgage or to transfer of ownership, or for such other period that
the Secretary determines is the longest feasible period of time
consistent with sound economics and the purposes of this Act,
except upon a foreclosure by a lender (or upon other transfer in
lieu of foreclosure) if such action--
(A) recognizes any contractual or legal rights of public
agencies, nonprofit sponsors, or others to take actions that
would avoid termination of low-income affordability in the case
of foreclosure or transfer in lieu of foreclosure; and
(B) is not for the purpose of avoiding low-income
affordability restrictions, as determined by the Secretary.
(b) Exception.--Notwithstanding subsection (a), housing assisted
pursuant to section 201(b)(2) shall be considered affordable housing
for purposes of this Act.

48891b6f3d4a97ac8379144e4fd17246e8b3e86d3fdeab46a312a1db613d13f4

REQUIREMENTS.
With respect to housing assisted with grant amounts provided under
this Act, the requirements of section 102(d) of the Department of
Housing and Urban Development Reform Act of 1989 shall be considered to
be satisfied upon certification by the Secretary that the combination
of Federal assistance provided to any housing project is not any more
than is necessary to provide affordable housing.

0752e3ec703f82a8f972f47d5ef656b80a0dfb378a552b629745ec4bc0030785

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

4676b5d3846aa7affe53737ef2169089e8bffcb8d4aa0b1ea454e9233ea18a91

(a) Provision of Information.--Notwithstanding any other provision
of law, except as provided in paragraph (2), the National Crime
Information Center, police departments, and other law enforcement
agencies shall, upon request, provide information to Indian tribes or
tribally designated housing entities regarding the criminal conviction
records of adult applicants for, or tenants of, housing assisted with
grant amounts provided to such tribe or entity under this Act for
purposes of applicant screening, lease enforcement, and eviction.
(b) Exception.--A law enforcement agency described in paragraph (1)
shall provide information under this paragraph relating to any criminal
conviction of a juvenile only to the extent that the release of such
information is authorized under the law of the applicable State, tribe,
or locality.
(c) Confidentiality.--An Indian tribe or tribally designated
housing entity receiving information under this section may use such
information only for the purposes provided in this section and such
information may not be disclosed to any person who is not an officer,
employee, or authorized representative of the tribe or entity or the
owner of housing assisted under this Act, and who has a job-related
need to have access to the information for the purposes under this
section. For judicial eviction proceedings, disclosures may be made to
the extent necessary. The Secretary shall, by regulation, establish
procedures necessary to ensure that information provided under this
section to any tribe or entity is used, and confidentiality is
maintained, as required under this section.

d73a48e2ce04852eea7079c4d30e10a6196d6f39a929f458fedffe16f8185adc

If a recipient uses grant amounts to provide affordable housing
under activities under this title and, at any time during the useful
life of the housing the housing does not comply with the requirement
under section 205(2), the Secretary shall reduce future grant payments
on behalf of the grant beneficiary by an amount equal to the grant
amounts used for such housing (under the authority under section
401(a)(2)) or require repayment to the Secretary of an amount equal to
such grant amounts.

128ccf4178d18f430cc0c386b7666cd492c9830f8d8c379077993d262a6e3c38

Any funds for programs for low-income housing under the United
States Housing Act of 1937 that, on the date of the applicability of
this Act to an Indian tribe, are owned by, or in the possession or
under the control of, the Indian housing authority for the tribe,
including all reserves not otherwise obligated, shall be considered
assistance under this Act and subject to the provisions of this Act
relating to use of such assistance.

69346ad1ddacc9365ea5c5c1e66f0fc5b238f8ffb78647fda071d809f920ec18

For each fiscal year, the Secretary shall allocate any amounts made
available for assistance under this Act for the fiscal year, in
accordance with the formula established pursuant to section 302, among
Indian tribes that comply with the requirements under this Act for a
grant under this Act.

45faacdcfdc2c24f0b264bb0642b8e8a2c8e14e76df503905c5a676edd29f576

TITLE III

-ALLOCATION OF GRANT AMOUNTS

(a) Establishment.--The Secretary shall, by regulations issued not
later than the expiration of the 12-month period beginning on the date
of the enactment of this Act, in the manner provided under section 106,
establish a formula to provide for allocating amounts available for a
fiscal year for block grants under this Act among Indian tribes in
accordance with the requirements of this section.
(b) Factors for Determination of Need.--The formula shall be based
on factors that reflect the need of the Indian tribes and the Indian
areas of the tribes for assistance for affordable housing activities,
including the following factors:
(1) The number of low-income housing dwelling units owned or
operated at the time pursuant to a contract between an Indian
housing authority for the tribe and the Secretary.
(2) The extent of poverty and economic distress and the number
of Indian families within Indian areas of the tribe.
(3) Other objectively measurable conditions as the Secretary
and the Indian tribes may specify.
(c) Other Factors for Consideration.--In establishing the formula,
the Secretary shall consider--
(1) the relative administrative capacities and other challenges
faced by the recipient, including, but not limited to geographic
distribution within the Indian area and technical capacity; and
(2) the extent to which terminations of assistance under title
V will affect funding available to State recognized tribes.
(d) Funding for Public Housing Operation and Modernization.--
(1) Full funding.--The formula shall provide that, if, in any
fiscal year, the total amount made available for assistance under
this Act is equal to or greater than the total amount made
available for fiscal year 1996 for assistance for the operation and
modernization of public housing developed or operated pursuant to a
contract between the Secretary and an Indian housing authority
pursuant to the United States Housing Act of 1937, the amount
provided for such fiscal year for each Indian tribe for which such
operating or modernization assistance was provided for fiscal year
1996 shall not be less than the total amount of such operating and
modernization assistance provided for fiscal year 1996 for such
tribe.
(2) Partial funding.--The formula shall provide that, if, in
any fiscal year, the total amount made available for assistance
under this Act is less than the total amount made available for
fiscal year 1996 for assistance for the operation and modernization
of public housing developed or operated pursuant to a contract
between the Secretary and an Indian housing authority pursuant to
the United States Housing Act of 1937, the amount provided for such
fiscal year for each Indian tribe for which such operating or
modernization assistance was provided for fiscal year 1996 shall
not be less than the amount that bears the same ratio to the total
amount available for assistance under this Act for such fiscal year
that the amount of operating and modernization assistance provided
for the tribe for fiscal year 1996 bears to the total amount made
available for fiscal year 1996 for assistance for the operation and
modernization of such public housing.
(e) Effective Date.--This section shall take effect on the date of
the enactment of this Act.

c30e1f81821f288ea4b910a736a0a313abbd1f951284ef35493d2a2c272d104e

(a) Actions by Secretary Affecting Grant Amounts.--Except as
provided in subsection (b), if the Secretary finds after reasonable
notice and opportunity for hearing that a recipient of assistance under
this Act has failed to comply substantially with any provision of this
Act, the Secretary shall--
(1) terminate payments under this Act to the recipient;
(2) reduce payments under this Act to the recipient by an
amount equal to the amount of such payments that were not expended
in accordance with this Act;
(3) limit the availability of payments under this Act to
programs, projects, or activities not affected by such failure to
comply; or
(4) in the case of noncompliance described in section 402(b),
provide a replacement tribally designated housing entity for the
recipient, under section 402.
If the Secretary takes an action under paragraph (1), (2), or (3), the
Secretary shall continue such action until the Secretary determines
that the failure to comply has ceased.
(b) Noncompliance Because of Technical Incapacity.--If the
Secretary makes a finding under subsection (a), but determines that the
failure to comply substantially with the provisions of this Act--
(1) is not a pattern or practice of activities constituting
willful noncompliance, and
(2) is a result of the limited capability or capacity of the
recipient,
the Secretary may provide technical assistance for the recipient
(directly or indirectly) that is designed to increase the capability
and capacity of the recipient to administer assistance provided under
this Act in compliance with the requirements under this Act.
(c) Referral for Civil Action.--
(1) Authority.--In lieu of, or in addition to, any action
authorized by subsection (a), if the Secretary has reason to
believe that a recipient has failed to comply substantially with
any provision of this Act, the Secretary may refer the matter to
the Attorney General of the United States with a recommendation
that an appropriate civil action be instituted.
(2) Civil action.--Upon such a referral, the Attorney General
may bring a civil action in any United States district court having
venue thereof for such relief as may be appropriate, including an
action to recover the amount of the assistance furnished under this
Act that was not expended in accordance with it, or for mandatory
or injunctive relief.
(d) Review.--
(1) In general.--Any recipient who receives notice under
subsection (a) of the termination, reduction, or limitation of
payments under this Act--
(A) may, not later than 60 days after receiving such
notice, file with the United States Court of Appeals for the
circuit in which such State is located, or in the United States
Court of Appeals for the District of Columbia, a petition for
review of the action of the Secretary; and
(B) upon the filing of any petition under subparagraph (A),
shall forthwith transmit copies of the petition to the
Secretary and the Attorney General of the United States, who
shall represent the Secretary in the litigation.
(2) Procedure.--The Secretary shall file in the court a record
of the proceeding on which the Secretary based the action, as
provided in section 2112 of title 28, United States Code. No
objection to the action of the Secretary shall be considered by the
court unless such objection has been urged before the Secretary.
(3) Disposition.--
(A) Court proceedings.--The court shall have jurisdiction
to affirm or modify the action of the Secretary or to set it
aside in whole or in part. The findings of fact by the
Secretary, if supported by substantial evidence on the record
considered as a whole, shall be conclusive. The court may order
additional evidence to be taken by the Secretary, and to be
made part of the record.
(B) Secretary.--The Secretary--
(i) may modify the findings of fact of the Secretary,
or make new findings, by reason of the new evidence so
taken and filed with the court; and
(ii) shall file--
(I) such modified or new findings, which findings
with respect to questions of fact shall be conclusive
if supported by substantial evidence on the record
considered as a whole; and
(II) the recommendation of the Secretary, if any,
for the modification or setting aside of the original
action of the Secretary.
(4) Finality.--Upon the filing of the record with the court,
the jurisdiction of the court shall be exclusive and its judgment
shall be final, except that such judgment shall be subject to
review by the Supreme Court of the United States upon writ of
certiorari or certification as provided in section 1254 of title
28, United State Code.

fdb316c5d86f19c61ecc37c25c47bcee358d1e77c5cced8d68b652aab012bbbd

(a) Authority.--As a condition of the Secretary making a grant
under this Act on behalf of an Indian tribe, the tribe shall agree
that, notwithstanding any other provision of law, the Secretary may,
only in the circumstances set forth in subsection (b), require that a
replacement tribally designated housing entity serve as the recipient
for the tribe, in accordance with subsection (c).
(b) Conditions of Removal.--The Secretary may require such
replacement tribally designated housing entity for a tribe only upon a
determination by the Secretary on the record after opportunity for a
hearing that the recipient for the tribe has engaged in a pattern or
practice of activities that constitutes substantial or willful
noncompliance with the requirements under this Act.
(c) Choice and Term of Replacement.--If the Secretary requires that
a replacement tribally designated housing entity serve as the recipient
for a tribe (or tribes)--
(1) the replacement entity shall be an entity mutually agreed
upon by the Secretary and the tribe (or tribes) for which the
recipient was authorized to act, except that if no such entity is
agreed upon before the expiration of the 60-day period beginning
upon the date that the Secretary makes the determination under
subsection (b), the Secretary shall act as the replacement entity
until agreement is reached upon a replacement entity; and
(2) the replacement entity (or the Secretary, as provided in
paragraph (1)) shall act as the tribally designated housing entity
for the tribe (or tribes) for a period that expires upon--
(A) a date certain, which shall be specified by the
Secretary upon making the determination under subsection (b);
or
(B) the occurrence of specific conditions, which conditions
shall be specified in written notice provided by the Secretary
to the tribe upon making the determination under subsection
(b).

8fdcae8df2f8089e384b28ea7741d6f9b80d224cb6b20e9408c0629e7cd8b03a

(a) Enforceable Agreements.--Each recipient, through binding
contractual agreements with owners and otherwise, shall ensure long-
term compliance with the provisions of this Act. Such measures shall
provide for (1) enforcement of the provisions of this Act by the grant
beneficiary or by recipients and other intended beneficiaries, and (2)
remedies for the breach of such provisions.
(b) Periodic Monitoring.--Not less frequently than annually, each
recipient shall review the activities conducted and housing assisted
under this Act to assess compliance with the requirements of this Act.
Such review shall include onsite inspection of housing to determine
compliance with applicable requirements. The results of each review
shall be included in the performance report of the recipient submitted
to the Secretary under section 404 and made available to the public.
(c) Performance Measures.--The Secretary shall establish such
performance measures as may be necessary to assess compliance with the
requirements of this Act.

f4546b83841be61d4c1393ce58fa450e65869066b98d875a35afa93e47f9d725

(a) Requirement.--For each fiscal year, each recipient shall--
(1) review the progress it has made during such fiscal year in
carrying out the Indian housing plan (or plans) for the Indian
tribes for which it administers grant amounts; and
(2) submit a report to the Secretary (in a form acceptable to
the Secretary) describing the conclusions of the review.
(b) Content.--Each report under this section for a fiscal year
shall--
(1) describe the use of grant amounts provided to the recipient
for such fiscal year;
(2) assess the relationship of such use to the goals identified
in the Indian housing plan of the grant beneficiary;
(3) indicate the programmatic accomplishments of the recipient;
and
(4) describe the manner in which the recipient would change its
programs as a result of its experiences.
(c) Submission.--The Secretary shall establish dates for submission
of reports under this section, and review such reports and make such
recommendations as the Secretary considers appropriate to carry out the
purposes of this Act.
(d) Public Availability.--A recipient preparing a report under this
section shall make the report publicly available to the citizens in the
jurisdiction of the recipient in sufficient time to permit such
citizens to comment on such report prior to its submission to the
Secretary, and in such manner and at such times as the recipient may
determine. The report shall include a summary of any comments received
by the grant beneficiary or recipient from citizens in its jurisdiction
regarding its program.

81ba6ebc8a5f4e3b8ebfc247f01ab67138106acf403584b72506d5ee9ab7680a

(a) Annual Review.--The Secretary shall, not less than on an annual
basis, make such reviews and audits as may be necessary or appropriate
to determine--
(1) whether the recipient has carried out its eligible
activities in a timely manner, has carried out its eligible
activities and certifications in accordance with the requirements
and the primary objectives of this Act and with other applicable
laws, and has a continuing capacity to carry out those activities
in a timely manner;
(2) whether the recipient has complied with the Indian housing
plan of the grant beneficiary; and
(3) whether the performance reports under section 404 of the
recipient are accurate.
Reviews under this section shall include, insofar as practicable,
onsite visits by employees of the Department of Housing and Urban
Development.
(b) Report by Secretary.--The Secretary shall give a recipient not
less than 30 days to review and comment on a report under this
subsection. After taking into consideration the comments of the
recipient, the Secretary may revise the report and shall make the
comments of the recipient and the report, with any revisions, readily
available to the public not later than 30 days after receipt of the
comments of the recipient.
(c) Effect of Reviews.--The Secretary may make appropriate
adjustments in the amount of the annual grants under this Act in
accordance with the findings of the Secretary pursuant to reviews and
audits under this section. The Secretary may adjust, reduce, or
withdraw grant amounts, or take other action as appropriate in
accordance with the reviews and audits of the Secretary under this
section, except that grant amounts already expended on affordable
housing activities may not be recaptured or deducted from future
assistance provided on behalf of an Indian tribe.

a955b3a5e7b1d918e3f7cd4d136b9937bc23091eb7e81328909cf1e7255549b2

To the extent that the financial transactions of Indian tribes and
recipients of grant amounts under this Act relate to amounts provided
under this Act, such transactions may be audited by the Comptroller
General of the United States under such rules and regulations as may be
prescribed by the Comptroller General. The representatives of the
General Accounting Office shall have access to all books, accounts,
records, reports, files, and other papers, things, or property
belonging to or in use by such tribes and recipients pertaining to such
financial transactions and necessary to facilitate the audit.

0882c2ef507a0f7326d0fe9ead2a09a2746bef1d9457f4c06a2caff7ef4117c8

(a) In General.--Not later than 90 days after the conclusion of
each fiscal year in which assistance under this Act is made available,
the Secretary shall submit to the Congress a report that contains--
(1) a description of the progress made in accomplishing the
objectives of this Act;
(2) a summary of the use of funds available under this Act
during the preceding fiscal year; and
(3) a description of the aggregate outstanding loan guarantees
under title VI.
(b) Related Reports.--The Secretary may require recipients of grant
amounts under this Act to submit to the Secretary such reports and
other information as may be necessary in order for the Secretary to
make the report required by subsection (a).
PROGRAMS

6e1153472940eaf707805885d4c74da45ecdbdec375d2c73b133e7d33b767fd5

UNDER UNITED STATES HOUSING ACT OF 1937.
(a) Repeal of Title II.--Title II of the United States Housing Act
of 1937 (42 U.S.C 1437aa et seq.) is hereby repealed.
(b) Amendments to Title I.--Title I of the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) is amended--
(1) in section 3(b)--
(A)in paragraph (5)--
(i) in subparagraph (F) by inserting ``and'' after the
semicolon at the end;
(ii) by striking subparagraph (G); and
(iii) by redesignating subparagraph (H) as subparagraph
(G);
(B) in paragraph (6), by striking the last sentence;
(C) in paragraph (7)--
(i) by inserting ``and'' before ``the Trust''; and
(ii) by striking ``, and Indian tribes''; and
(D) by striking paragraphs (9), (10), (11), and (12);
(2) in section 5--
(A) in subsection (j)(1), by striking ``(other than for
Indian families)''; and
(B) by striking subsection (l);
(3) in section 6(b)(1), by striking ``and public housing for
Indians and Alaska Natives in accordance with the Indian Housing
Act of 1988'';
(4) in subsection 7, by striking subsection (l);
(5) in section 9(a)(1)(A), in the second sentence--
(A) by inserting ``and'' after the comma at the end of
clause (i); and
(B) by striking ``, and (iii)'' and all that follows
through ``project is occupied'';
(6) in section 14--
(A) in the section heading, by striking ``and indian'';
(B) in subsection (e)(1)(E)--
(i) in the matter preceding clause (i), by striking
``(or Indian tribal official, if appropriate)'';
(ii) in clause (i)--
(I) by striking ``(or Indian tribal officials)'';
and
(II) by striking ``(or tenants of the Indian
housing projects)''; and
(iii) in clause (ii), by striking ``(or Indian
tribe)'';
(7) in section 16--
(A) in subsection (d)--
(i) by striking the paragraph designation for paragraph
(1); and
(ii) by striking paragraph (2); and
(B) in subsection (e), by striking paragraph (3);
(8) in section 23(o), by striking paragraph (2);
(9) in section 24(h)(3), by striking ``, except that it does
not include any Indian housing authority'';
(10) in section 25(m)(4), by striking ``, except that it does
not include Indian housing authorities''; and
(11) in section 26, in subsections (a)(1) and (b), by striking
``(including an Indian housing authority)'' each place it appears.
(c) Amendments to Title III.--Title III of the United States
Housing Act of 1937 (42 U.S.C. 1437aaa et seq.) is amended--
(1) by striking the heading for the title and inserting the
following:
``TITLE III--HOPE FOR PUBLIC HOUSING HOMEOWNERSHIP'';
(2) in section 306--
(A) in paragraph (1)(A), by striking ``(including an Indian
housing authority)''; and
(B) in paragraph (2)(A), by striking ``or Indian''; and
(3) in section 307, by striking ``and title II''.
(d) Other Related Provisions.--
(1) Indian housing child development.--Section 519 of the
Cranston-Gonzalez National Affordable Housing Act (12 U.S.C. 1701z-
6 note) is hereby repealed.
(2) Public housing youth sports.--Section 520 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 11903a) is
amended--
(A) in subsection (b)--
(i) in paragraph (5), by inserting ``and'' after the
semicolon at the end;
(ii) by striking paragraphs (6) and (7); and
(iii) by redesignating paragraph (8) as para- graph
(6);
(B) in subsection (e)(2), by striking ``Indian tribes,'';
(C) in subsection (i)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) through (7) as
paragraphs (1) through (6), respectively; and
(D) in subsection (l)(5)(B), by striking ``units of general
local government, and Indian housing authorities'' and
inserting ``and Indian housing authorities''.
(3) Allocation of funds.--Section 213(d)(1)(B)(ii) of the
Housing and Community Development Act of 1974 (42 U.S.C. 1439) is
amended by striking ``and Indian''.

5e57a95a578a04e43347cbf1f7085e63caeeb6b75a14e73891bc0e42f72cd141

HOUSING ACT OF 1937.
(a) Termination of Assistance.--After September 30, 1997, financial
assistance may not be provided under the United States Housing Act of
1937 or pursuant to any commitment entered into under such Act, for
Indian housing developed or operated pursuant to a contract between the
Secretary and an Indian housing authority, unless such assistance is
provided from amounts made available for fiscal year 1997 and pursuant
to a commitment entered into before September 30, 1997.
(b) Termination of Restrictions on Use of Indian Housing.--After
September 30, 1997, any housing developed or operated pursuant to a
contract between the Secretary and an Indian housing authority pursuant
to the United States Housing Act of 1937 shall not be subject to any
provision of such Act or any annual contributions contract or other
agreement pursuant to such Act, but shall be considered and maintained
as affordable housing for purposes of this Act.

21d189844ec027ee9b886021cf4972088473a6e06200c68a1b49bd99bd607f48

After September 30, 1997, financial assistance for rental housing
assistance under the United States Housing Act of 1937 may not be
provided to any Indian housing authority or tribally designated housing
entity, unless such assistance is provided pursuant to a contract for
such assistance entered into by the Secretary and the Indian housing
authority before such date. Any such assistance provided pursuant to
such a contract shall be governed by the provisions of the United
States Housing Act of 1937 (as in effect before the date of the
effectiveness of this Act) and the provisions of such contract.

6cd96d98d1fd0af5e13ac932a7e809cc963d2a2cc99c339480a6da561eb93fef

(a) In General.--Subtitle D of title IV of the Cranston- Gonzalez
National Affordable Housing Act (42 U.S.C. 12899 et seq.) is amended--
(1) by redesignating section 460 as section 461; and
(2) by inserting after section 459 the following new section:
``SEC. 460. INELIGIBILITY OF INDIAN TRIBES.
``Indian tribes, Indian housing authorities, and other agencies
primarily serving Indians or Indian areas shall not be eligible
applicants for amounts made available for assistance under this
subtitle for fiscal year 1997 and fiscal years thereafter.''.
(b) Applicability.--The amendments under subsection (a) shall apply
with respect to amounts made available for assistance under subtitle D
of title II of the Cranston-Gonzalez National Affordable Housing Act
for fiscal year 1998 and fiscal years thereafter.

66fe32f35ea2a8001427ef296b0e4cc926dd91fb3425d44ec9fe3ac89517c799

(a) In General.--Title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.) is amended--
(1) in section 217(a)--
(A) in paragraph (1), by striking ``reserving amounts under
paragraph (2) for Indian tribes and after''; and
(B) by striking paragraph (2); and
(2) in section 288--
(A) in subsection (a), by striking ``, Indian tribes,'';
(B) in subsection (b), by striking ``, Indian tribe,''; and
(C) in subsection (c)(4), by striking ``, Indian tribe,''.
(b) Applicability.--The amendments under subsection (a) shall apply
with respect to amounts made available for assistance under title II of
the Cranston-Gonzalez National Affordable Housing Act for fiscal year
1998 and fiscal years thereafter.

088f51d18c9443a50319b5d3cb26c778f9868fce47669dd47f5c45c2b4e1c4d4

(a) McKinney Act Programs.--Title IV of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended--
(1) in section 411, by striking paragraph (10);
(2) in section 412, by striking ``, and for Indian tribes,'';
(3) in section 413--
(A) in subsection (a)--
(i) by striking ``, and to Indian tribes,''; and
(ii) by striking ``, or for Indian tribes'' each place
it appears;
(B) in subsection (c), by striking ``or Indian tribe''; and
(C) in subsection (d)(3)--
(i) by striking ``, or Indian tribe'' each place it
appears; and
(ii) by striking ``, or other Indian tribes,'';
(4) in section 414(a)--
(A) by striking ``or Indian tribe'' each place it appears;
and
(B) by striking ``, local government,'' each place it
appears and inserting ``or local government'';
(5) in section 415(c)(4), by striking ``Indian tribes,'';
(6) in section 416(b), by striking ``Indian tribe,'';
(7) in section 422--
(A) by striking ``Indian tribe,''; and
(B) by striking paragraph (3);
(8) in section 441--
(A) by striking subsection (g);
(B) in subsection (h), by striking ``or Indian housing
authority''; and
(C) in subsection (j)(1), by striking ``, Indian housing
authority'';
(9) in section 462--
(A) in paragraph (2), by striking ``, Indian tribe,''; and
(B) by striking paragraph (4); and
(10) in section 491(e), by striking ``, Indian tribes (as such
term is defined in section 102(a) of the Housing and Community
Development Act of 1974),''.
(b) Innovative Homeless Demonstration.--Section 2(b) of the HUD
Demonstration Act of 1993 (42 U.S.C. 11301 note) is amended--
(1) in paragraph (3), by striking ```unit of general local
government', and `Indian tribe''' and inserting ``and `unit of
general local government'''; and
(2) in paragraph (4), by striking ``unit of general local
government (including units in rural areas), or Indian tribe'' and
inserting ``or unit of general local government''.
(c) Applicability.--The amendments under subsections (a) and (b)
shall apply with respect to amounts made available for assistance under
title IV of the Stewart B. McKinney Homeless Assistance Act and section
2 of the HUD Demonstration Act of 1993, respectively, for fiscal year
1998 and fiscal years thereafter.

81c4ac752f9abe042612b0953659f8b1339de194bb6dcab486862ca0dddb7006

(a) Existing Rights and Duties.--Except as provided in sections 502
and 503, this Act may not be construed to affect the validity of any
right, duty, or obligation of the United States or other person arising
under or pursuant to any commitment or agreement lawfully entered into
before October 1, 1997, under the United States Housing Act of 1937,
subtitle D of title IV of the Cranston-Gonzalez National Affordable
Housing Act, title II of the Cranston-Gonzalez National Affordable
Housing Act, title IV of the Stewart B. McKinney Homeless Assistance
Act, or section 2 of the HUD Demonstration Act of 1993.
(b) Obligations Under Repealed Provisions.--Notwithstanding the
amendments made by this title, any obligation of the Secretary made
under or pursuant to subtitle D of title IV of the Cranston-Gonzalez
National Affordable Housing Act, title II of the Cranston-Gonzalez
National Affordable Housing Act, title IV of the Stewart B. McKinney
Homeless Assistance Act, or section 2 of the HUD Demonstration Act of
1993 shall continue to be governed by the provisions of such Acts (as
in effect before the date of the effectiveness of the amendments made
by this title).

4f277d153bf5bb82bf68dd255591f872d89cd401f286fd3a688c6882b8f5e520

Sections 502, 503, and 507 shall take effect on the date of the
enactment of this Act.
ACTIVITIES

1dda597b0b9de0dd76c98580052c41951c29f797ca771daacd958afc2f5c3a71

(a) Authority.--To such extent or in such amounts as provided in
appropriations Acts, the Secretary may, subject to the limitations of
this title (including limitations designed to protect and maintain the
viability of rental housing units owned or operated by the recipient
that were developed under a contract between the Secretary and an
Indian housing authority pursuant to the United States Housing Act of
1937), and upon such terms and conditions as the Secretary may
prescribe, guarantee and make commitments to guarantee, the notes or
other obligations issued by Indian tribes or tribally designated
housing entities with tribal approval, for the purposes of financing
affordable housing activities described in section 202.
(b) Lack of Financing Elsewhere.--A guarantee under this title may
be used to assist an Indian tribe or housing entity in obtaining
financing only if the Indian tribe or housing entity has made efforts
to obtain such financing without the use of such guarantee and cannot
complete such financing consistent with the timely execution of the
program plans without such guarantee.
(c) Terms of Loans.--Notes or other obligations guaranteed pursuant
to this title shall be in such form and denominations, have such
maturities, and be subject to such conditions as may be prescribed by
regulations issued by the Secretary. The Secretary may not deny a
guarantee under this title on the basis of the proposed repayment
period for the note or other obligation, unless the period is more than
20 years or the Secretary determines that the period causes the
guarantee to constitute an unacceptable financial risk.
(d) Limitation on Outstanding Guarantees.--No guarantee or
commitment to guarantee shall be made with respect to any note or other
obligation if the total outstanding notes or obligations of the issuer
guaranteed under this title (excluding any amount defeased under the
contract entered into under section 602(a)(1)) would thereby exceed an
amount equal to 5 times the amount of the grant approval for the issuer
pursuant to title III.

b52c86e4e74983ec8e4fc488261c4c77756026e9ecf6310292f0291a3b272722

TITLE VI

-FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING

(a) Requirements on Issuer.--To assure the repayment of notes or
other obligations and charges incurred under this title and as a
condition for receiving such guarantees, the Secretary shall require
the Indian tribe or housing entity issuing such notes or obligations
to--
(1) enter into a contract, in a form acceptable to the
Secretary, for repayment of notes or other obligations guaranteed
under this title;
(2) pledge any grant for which the issuer may become eligible
under this Act;
(3) demonstrate that the extent of such issuance and guarantee
under this title is within the financial capacity of the tribe and
is not likely to impair the ability to use grant amounts under
title I, taking into consideration the requirements under section
203(b); and
(4) furnish, at the discretion of the Secretary, such other
security as may be deemed appropriate by the Secretary in making
such guarantees, including increments in local tax receipts
generated by the activities assisted under this Act or disposition
proceeds from the sale of land or rehabilitated property.
(b) Repayment From Grant Amounts.--Notwithstanding any other
provision of this Act--
(1) the Secretary may apply grants pledged pursuant to
subsection (a)(2) to any repayments due the United States as a
result of such guarantees; and
(2) grants allocated under this Act for an Indian tribe or
housing entity (including program income derived therefrom) may be
used to pay principal and interest due (including such servicing,
underwriting, and other costs as may be specified in regulations
issued by the Secretary) on notes or other obligations guaranteed
pursuant to this title.
(c) Full Faith and Credit.--The full faith and credit of the United
States is pledged to the payment of all guarantees made under this
title. Any such guarantee made by the Secretary shall be conclusive
evidence of the eligibility of the obligations for such guarantee with
respect to principal and interest, and the validity of any such
guarantee so made shall be incontestable in the hands of a holder of
the guaranteed obligations.

194736ec2d15d23eea5d6822856088eeda645e0c50c9a7b60e0aea2bb4e14647

The Secretary may make, and contract to make, grants, in such
amounts as may be approved in appropriations Acts, to or on behalf of
an Indian tribe or housing entity issuing notes or other obligations
guaranteed under this title, to cover not to exceed 30 percent of the
net interest cost (including such servicing, underwriting, or other
costs as may be specified in regulations of the Secretary) to the
borrowing entity or agency of such obligations. The Secretary may also,
to the extent approved in appropriations Acts, assist the issuer of a
note or other obligation guaranteed under this title in the payment of
all or a portion of the principal and interest amount due under the
note or other obligation, if the Secretary determines that the issuer
is unable to pay the amount because of circumstances of extreme
hardship beyond the control of the issuer.

d614761a0cab8f087beb660dca8cff5b61220901ca68cb83c06c51567bb99462

The Secretary, in cooperation with eligible public entities, shall
carry out training and information activities with respect to the
guarantee program under this title.

4e2162898f727793585a08fae6d924e37a23995fa89b2cd1546302d5ab4aa4a6

(a) Aggregate Fiscal Year Limitation.--Notwithstanding any other
provision of law and subject only to the absence of qualified
applicants or proposed activities and to the authority provided in this
title, to the extent approved or provided in appropriations Acts, the
Secretary may enter into commitments to guarantee notes and obligations
under this title with an aggregate principal amount not to exceed
$400,000,000 for each of fiscal years 1997, 1998, 1999, 2000, and 2001.
(b) Authorization of Appropriations for Credit Subsidy.--There are
authorized to be appropriated to cover the costs (as such term is
defined in section 502 of the Congressional Budget Act of 1974) of
guarantees under this title such sums as may be necessary for each of
fiscal years 1997, 1998, 1999, 2000, and 2001.
(c) Aggregate Outstanding Limitation.--The total amount of
outstanding obligations guaranteed on a cumulative basis by the
Secretary pursuant to this title shall not at any time exceed
$2,000,000,000 or such higher amount as may be authorized to be
appropriated for this title for any fiscal year.
(d) Fiscal Year Limitations on Tribes.--The Secretary shall monitor
the use of guarantees under this title by Indian tribes. If the
Secretary finds that 50 percent of the aggregate guarantee authority
under subsection (c) has been committed, the Secretary may--
(1) impose limitations on the amount of guarantees any one
Indian tribe may receive in any fiscal year of $50,000,000; or
(2) request the enactment of legislation increasing the
aggregate outstanding limitation on guarantees under this title.

a4d99adc5fb2e5f90eda47ac37ffec8a21a39162c1363147b363ec1bd1ba1554

This title shall take effect on the date of the enactment of this
Act.

e7f9d02e76f60bf7b99aed22d02232f6236f995ef3050ff6af5796fd2282994d

(a) Definition of Eligible Borrowers To Include Indian Tribes.--
Section 184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1515z-13a) is amended--
(1) in subsection (a)--
(A) by striking ``and Indian housing authorities'' and
inserting ``, Indian housing authorities, and Indian tribes,'';
and
(B) by striking ``or Indian housing authority'' and
inserting ``, Indian housing authority, or Indian tribe''; and
(2) in subsection (b)(1), by striking ``or Indian housing
authorities'' and inserting ``, Indian housing authorities, or
Indian tribes''.
(b) Need for Loan Guarantee.--Section 184(a) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a(a)) is amended
by striking ``trust land'' and inserting ``lands or as a result of a
lack of access to private financial markets''.
(c) IHP Requirement.--Section 184(b)(2) of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z-13a(b)(2)) is
amended by inserting before the period at the end the following: ``that
is under the jurisdiction of an Indian tribe for which an Indian
housing plan has been submitted and approved pursuant to sections 102
and 103 of the Native American Housing Assistance and Self-
Determination Act of 1996 that provides for the use of loan guarantees
under this section to provide affordable homeownership housing in such
areas''.
(d) Lender Option To Obtain Payment Upon Default Without
Foreclosure.--Section 184(h) of the Housing and Community Development
Act of 1992 (12 U.S.C. 1715z-13a(h)) is amended--
(1) in paragraph (1)(A)--
(A) in the first sentence of clause (i), by striking ``in a
court of competent jurisdiction''; and
(B) by striking clause (ii) and inserting the following:
``(ii) No foreclosure.--Without seeking foreclosure (or
in any case in which a foreclosure proceeding initiated
under clause (i) continues for a period in excess of 1
year), the holder of the guarantee may submit to the
Secretary a request to assign the obligation and security
interest to the Secretary in return for payment of the
claim under the guarantee. The Secretary may accept
assignment of the loan if the Secretary determines that the
assignment is in the best interests of the United States.
Upon assignment, the Secretary shall pay to the holder of
the guarantee the pro rata portion of the amount guaranteed
(as determined under subsection (e)). The Secretary shall
be subrogated to the rights of the holder of the guarantee
and the holder shall assign the obligation and security to
the Secretary.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(e) Limitation of Mortgagee Authority.--Section 184(h)(2) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(h)(2)), as so redesignated by subsection (e)(3) of this section, is
amended--
(1) in the first sentence, by striking ``tribal allotted or
trust land,'' and inserting ``restricted Indian land, the mortgagee
or''; and
(2) in the second sentence, by striking ``Secretary'' each
place it appears, and inserting ``mortgagee or the Secretary''.
(f) Limitation on Outstanding Aggregate Principal Amount.--Section
184(i)(5)(C) of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a(i)(5)(C)) is amended by striking ``1993'' and all that
follows through ``such year'' and inserting ``1997, 1998, 1999, 2000,
and 2001 with an aggregate outstanding principal amount note exceeding
$400,000,000 for each such fiscal year''.
(g) Authorization of Appropriations for Guarantee Fund.--Section
184(i)(7) of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a(i)(7)) is amended by striking ``such sums'' and all
that follows through ``1994'' and inserting ``such sums as may be
necessary for each of fiscal years 1997, 1998, 1999, 2000, and 2001''.
(h) Definitions.--Section 184(k) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a(k)) is amended--
(1) in paragraph (4), by inserting after ``authority'' the
following: ``or Indian tribe'';
(2) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) is authorized to engage in or assist in the
development or operation of--
``(i) low-income housing for Indians; or
``(ii) housing subject to the provisions of this
section; and''; and
(B) by adding at the end the following:
``The term includes tribally designated housing entities under the
Native American Housing Assistance and Self-Determination Act of
1996.''; and
(3) by striking paragraph (8) and inserting the following new
paragraph:
``(8) Tribe; indian tribe.--The term `tribe' or `Indian tribe'
means any Indian tribe, band, nation, or other organized group or
community of Indians, including any Alaska Native village or
regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act, that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians pursuant to the Indian Self-Determination and Education
Assistance Act of 1975.''.
(i) Principal Obligation Amounts.--Section 184(b)(5)(C) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(b)(5)(C)) is amended by striking clause (i) and inserting the
following new clause:
``(i) 97.75 percent of the appraised value of the
property as of the date the loan is accepted for guarantee
(or 98.75 percent if the value of the property is $50,000
or less); and''.
(j) Availability of Amounts.--
(1) Requirement of appropriations.--Section 184(i)(5) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(i)(5)) is amended by striking subparagraph (A) and inserting
the following:
``(A) Requirement of appropriations.--The authority of the
Secretary to enter into commitments to guarantee loans under
this section shall be effective for any fiscal year to the
extent or in such amounts as are or have been provided in
appropriations Acts, without regard to the fiscal year for
which such amounts were appropriated.''.
(2) Costs.--Section 184(i)(5)(B) of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)(B)) is amended
by adding at the end the following new sentence: ``Any amounts
appropriated pursuant to this subparagraph shall remain available
until expended.''.
(k) GNMA Authority.--The first sentence of section 306(g)(1) of the
Federal National Mortgage Association Charter Act (12 U.S.C.
1721(g)(1)) is amended by inserting before the period at the end the
following: ``; or guaranteed under section 184 of the Housing and
Community Development Act of 1992''.

efa58fe2c2bcbdba1a82952dbfea0ad0c9ff698a86f87e5300ded7386c005d4e

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

ee98f761a33043e28e71b76d08a804f940027e3e5c1ba508297b35a9f2d7b0ef

There are authorized to be appropriated for assistance for a
national organization representing Native American housing interests
for providing training and technical assistance to Indian housing
authorities and tribally designated housing entities such sums as may
be necessary for each of fiscal years 1997, 1998, 1999, 2000, and 2001.

edf7150cf619976eec9c26b4fe74f40300ae1fd4634c51e3c7d54c6733001fc4

The Public and Assisted Housing Drug Elimination Act of 1990 (42
U.S.C. 11901 et seq.) is amended--
(1) in section 5123--
(A) by striking ``(including Indian Housing Authorities)'';
and
(B) by inserting ``tribally designated housing entities,''
before ``and private''; and
(2) in section 5124(a)(7)--
(A) by inserting ``or tribally designated housing entity''
after ``public housing agency''; and
(B) by striking ``public housing'' after nonprofit;
(3) in section 5125, by inserting ``a tribally designated
housing entity,'' after ``resident management corporation,''; and
(4) in section 5126--
(A) in paragraph (4)--
(i) in subparagraph (B), by striking ``or'' at the end;
(ii) in subparagraph (C), by striking the period at the
end and inserting ``; or''; and
(iii) by adding at the end the following new
subparagraph:
``(D) the Native American Housing Assistance and Self-
Determination Act.''; and
(B) by adding at the end the following new paragraph:
``(5) Tribally designated housing entity.--The term `tribally
designated housing entity' has the meaning given such term in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996.''.

aabf78aec518552c0d0e4a4c5e046ae0496d26518c83cd68c794060cdc4a5aef

This title and the amendments made by this title (but not including
the amendments made by section 704) shall take effect on the date of
the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

20e85717acbe9939d81bc737e5045b50c2ed91aac40d1df847c0b82d09610d69

Native American Housing Assistance and Self-Determination Act of 1996

Other Sections