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S. 1352 (113th): Native American Housing Assistance and Self-Determination Reauthorization Act of 2013


The text of the bill below is as of Jul 24, 2013 (Introduced).


II

113th CONGRESS

1st Session

S. 1352

IN THE SENATE OF THE UNITED STATES

July 24, 2013

(for herself, Mr. Barrasso, Mr. Johnson of South Dakota, Mr. Tester, Mr. Udall of New Mexico, Mr. Franken, Mr. Begich, Ms. Heitkamp, Ms. Hirono, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes.

1.

Short title; table of contents; references

(a)

Short title

This Act may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2013 .

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents; references.

TITLE I—Block grants and grant requirements

Sec. 101. Treatment of program income and labor standards.

Sec. 102. Environmental review.

Sec. 103. Authorization of appropriations.

TITLE II—Affordable housing activities

Sec. 201. Low-income requirement and income targeting.

Sec. 202. Lease requirements and tenant selection.

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

Sec. 204. Total development cost maximum project cost.

TITLE III—Compliance, audits, and reports

Sec. 301. Reports to Congress.

TITLE IV—Other housing assistance for Native Americans

Sec. 401. Demonstration of rental assistance for homeless or at-risk Indian veterans.

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

Sec. 403. Training and technical assistance.

Sec. 404. Preferences for projects in Indian areas.

TITLE V—Miscellaneous

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

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

Sec. 503. Reauthorization of Native Hawaiian Homeownership Act.

Sec. 504. Matching or cost-participation requirement.

(c)

References

Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ).

I

Block grants and grant requirements

101.

Treatment of program income and labor standards

Section 104 ( 25 U.S.C. 4114 ) is amended—

(1)

in subsection (a), by striking paragraph (1) and inserting the following:

(1)

Authority to retain

(A)

In general

Notwithstanding any other provision of this Act, a recipient may retain any program income that is realized from any grant amounts under this Act if—

(i)

the income was realized after the initial disbursement of the grant amounts received by the recipient; and

(ii)

the recipient has agreed that the recipient will utilize the income for housing related activities in accordance with this Act.

(B)

Requirements

Any income that is realized by a recipient from program income shall—

(i)

be considered nonprogram income; and

(ii)

have no restrictions on use.

; and

(2)

in subsection (b), by striking paragraph (3) and inserting the following:

(3)

Application of tribal laws

(A)

In general

Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, if that contract or agreement is otherwise covered by 1 or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe.

(B)

Wages

The prevailing wages described in subparagraph (A) shall apply to the administration of all Federal funding for projects funded in part by funds authorized under this Act.

.

102.

Environmental review

Section 105 (25 U.S.C. 4115) is amended by striking subsection (d) and inserting the following:

(d)

Environmental compliance

Notwithstanding any other provision of law or use of any other source of funding for the project, compliance with the environmental review requirements of this section shall satisfy any other applicable environmental review requirement under any other Federal law (including regulations) required to be carried out by any agency involved in the project.

.

103.

Authorization of appropriations

Section 108 ( 25 U.S.C. 4117 ) is amended by striking 2009 through 2013 and inserting 2013 through 2018 .

II

Affordable housing activities

201.

Low-income requirement and income targeting

Section 205 ( 25 U.S.C. 4135 ) is amended by striking subsection (c) and inserting the following:

(c)

Applicability

(1)

In general

The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to—

(A)

a family or household member who subsequently takes ownership of a homeownership unit; or

(B)

any improvement to a privately owned homeownership unit if the aggregate value of the improvement for the 5-year period following completion of the improvement is less than $10,000.

(d)

Purchase

In the case of rental housing that is made available to a current rental tenant for conversion to a homebuyer or lease-purchase unit, the current rental tenant may purchase through a contract to purchase, lease-purchase agreement, or any other sales agreement if the unit is made available for occupancy by a family that is a low-income family at the time of initial occupancy.

.

202.

Lease requirements and tenant selection

Section 207 ( 25 U.S.C. 4137 ) is amended by adding at the end the following:

(c)

Notice of termination

The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act.

.

203.

Self-determined housing activities for tribal communities

Subtitle B of title II (25 U.S.C. 4145 et seq.) is repealed.

204.

Total development cost maximum project cost

Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities.

III

Compliance, audits, and reports

301.

Reports to Congress

Section 407 (25 U.S.C. 4167) is amended—

(1)

in subsection (a), by striking Congress and inserting Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives ; and

(2)

by adding at the end the following:

(c)

Public availability

The report described in subsection (a) shall be made publicly available, including to recipients.

.

IV

Other housing assistance for Native Americans

401.

Demonstration of rental assistance for homeless or at-risk Indian veterans

Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended by adding at the end the following:

(D)

Indian veterans housing rental assistance demonstration program

(i)

Definitions

In this subparagraph:

(I)

Indian

The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ).

(II)

Indian lands

The term Indian lands has the meaning given the term in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 ( 25 U.S.C. 4302 ).

(III)

Tribal organization

The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ).

(ii)

Authorization of program

The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian lands.

(iii)

Model

The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans.

(iv)

Eligible recipients

Rental assistance under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).

(v)

Funding criteria

Rental assistance under clause (ii) shall be awarded based on—

(I)

need;

(II)

administrative capacity; and

(III)

any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs.

(vi)

Administration

Rental assistance made available under clause (ii) shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), except that grantees shall—

(I)

submit to the Secretary, in a manner prescribed by the Secretary, reports on the use of rental assistance provided under the demonstration program; and

(II)

provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans.

(vii)

Consultation

The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 ) and any other appropriate tribal organization on the design of the demonstration program to ensure the effective delivery of rental assistance and supportive services to persons eligible to receive assistance under this subparagraph.

(viii)

Waiver

(I)

In general

Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans.

(II)

Exception

The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.

.

402.

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

Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting (in effect before, on, or after the date of enactment of this section) after law.

403.

Training and technical assistance

Section 703 ( 25 U.S.C. 4212 ) is amended by striking of fiscal years 2009 through 2013 and inserting fiscal year for which funds are appropriated under section 108..

404.

Preferences for projects in Indian areas

(a)

In general

Section 42(m)(1) of the Internal Revenue Code of 1986 is amended—

(1)

in subparagraph (B)(ii)

(A)

in subclause (II), by striking and; and

(B)

by adding at the end the following:

(IV)

projects which are located in an Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(11))) and for which the entity applying to receive credit is—

(aa)

an Indian tribe or a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ),

(bb)

wholly owned or controlled by an Indian tribe or tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 )), or

(cc)

a subrecipient of funding under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) with regard to the project for which credits would be awarded, and

;

(2)

in subparagraph (C)

(A)

in clause (vi), by inserting and Indian after public;

(B)

by redesignating clauses (ix) and (x) as clauses (x) and (xi), respectively; and

(C)

by inserting after clause (viii) the following:

(ix)

projects described in subparagraph (B)(ii)(IV),

; and

(3)

by adding at the end the following:

(E)

Preference for projects in Indian areas

In addition to the preference provided to projects described in subparagraph (B)(ii)(IV), for purposes of evaluating such projects pursuant to a competitive application process for allocation of housing credit dollar amounts, a housing credit agency—

(i)

for purposes of any numerical evaluation process employed by the agency, shall increase the cumulative points or score for such project by not less than 10 percent of the total points or credits available to any project, and

(ii)

shall not consider the lack of proximity of such project to population centers, public transportation systems, or publicly available amenities.

.

(b)

Effective date

The amendments made by this section shall apply to housing credit dollar amounts allocated by a housing credit agency after December 31, 2013.

V

Miscellaneous

501.

Community-based organizations and tribally designated housing entities

Title VII ( Public Law 104–330 ; 110 Stat. 4048) is amended by adding at the end the following:

706.

Community-based development organization

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

.

502.

Elimination of limitation on use for Cherokee Nation

Section 801 of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 (Public Law 110–411; 122 Stat. 4334) is repealed.

503.

Reauthorization of Native Hawaiian Homeownership Act

Section 824 ( 25 U.S.C. 4243 ) is amended by striking 2001, 2002, 2003, 2004, and 2005, and inserting 2014, 2015, 2016, 2017, and 2018 .

504.

Matching or cost-participation requirement

All funds provided under a grant made pursuant to this Act or the amendments made by this Act may be used for purposes of meeting matching or cost participation requirements under any other Federal or non-Federal program.