Native American Housing Assistance and Self-Determination Reauthorization Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 5319 To reauthorize the Native American Housing Assistance and Self- Determination Act of 1996, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 5, 2019 Mr. HECK (for himself, Mr. TIPTON, Mr. LUJA´N, Mr. COLE, Ms. HAALAND, Mr. YOUNG, Ms. MOORE, and Ms. GABBARD) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF- 3 ERENCES. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Native American Housing Assistance and Self-Deter- 6 mination Reauthorization Act of 2019’’. 7 (b) TABLE OF CONTENTS.—The table of contents of 8 this Act is as follows: 9 Sec. 1. Short title; table of contents; references. Sec. 2. Office of Native American Programs. VerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 2 •HR 5319 IH TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS Sec. 101. Block grants. Sec. 102. Recommendations regarding exceptions to annual Indian housing plan requirement. Sec. 103. Environmental review. Sec. 104. Deadline for action on request for approval regarding exceeding TDC maximum cost for project. TITLE II—AFFORDABLE HOUSING ACTIVITIES Sec. 201. National objectives and eligible families. Sec. 202. Homeownership or lease-to-own low-income requirement and income targeting. Sec. 203. Lease requirements and tenant selection. Sec. 204. Tribal coordination of agency funding. Sec. 205. Exception to maximum total development cost for energy efficient housing. TITLE III—ALLOCATION OF GRANT AMOUNTS Sec. 301. Authorization of appropriations. Sec. 302. Effect of undisbursed block grant amounts on annual allocations. TITLE IV—AUDITS AND REPORTS Sec. 401. Review and audit by Secretary. Sec. 402. Reports to Congress. TITLE V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS Sec. 501. HUD–Veterans Affair Supportive Housing program for Native Amer- ican veterans. Sec. 502. Loan guarantees for Indian housing. Sec. 503. Set-aside of USDA rural housing funding for Indian tribes. Sec. 504. Indian tribe eligibility for HUD housing counseling. Sec. 505. Competitive grants. TITLE VI—MISCELLANEOUS Sec. 601. Lands Title Report Commission. Sec. 602. Leasehold interest in trust or restricted lands for housing purposes. Sec. 603. Exemption for Indian tribes from national flood insurance program participation requirement. Sec. 604. Clerical amendment. TITLE VII—HOUSING FOR NATIVE HAWAIIANS Sec. 701. Reauthorization of Native Hawaiian Homeownership Act. Sec. 702. Reauthorization of loan guarantees for Native Hawaiian housing. (c) REFERENCES.—Except as otherwise expressly 1 provided, wherever in this Act an amendment or repeal 2 is expressed in terms of an amendment to, or repeal of, 3 a section or other provision, the reference shall be consid- 4 VerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 3 •HR 5319 IH ered to be made to a section or other provision of the Na- 1 tive American Housing Assistance and Self-Determination 2 Act of 1996 (25 U.S.C. 4101 et seq.). 3 SEC. 2. OFFICE OF NATIVE AMERICAN PROGRAMS. 4 (a) ESTABLISHMENT.—Section 4 of the Department 5 of Housing and Urban Development Act (42 U.S.C. 3533) 6 is amended— 7 (1) in subsection (a)(1), by striking ‘‘7 Assist- 8 ant Secretaries’’ and inserting ‘‘8 Assistant Secre- 9 taries’’; and 10 (2) by adding at the end the following new sub- 11 section: 12 ‘‘(i) OFFICE OF NATIVE AMERICAN PROGRAMS.— 13 ‘‘(1) ESTABLISHMENT.—There is established, 14 in the Department, the Office of Native American 15 Programs. 16 ‘‘(2) HEAD.—The head of the Office of Native 17 American Programs shall be one of the Assistant 18 Secretaries appointed pursuant to subsection 19 (a)(1).’’. 20 (b) PAY RATE.—Section 5315 of title 5, United 21 States Code is amended, in the item relating to Assistant 22 Secretaries of Housing and Urban Development, by strik- 23 ing ‘‘(8)’’ and inserting ‘‘(9)’’. 24 VerDate Sep 11 2014 00:27 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 4 •HR 5319 IH TITLE I—BLOCK GRANTS AND 1 GRANT REQUIREMENTS 2 SEC. 101. BLOCK GRANTS. 3 Section 101 (25 U.S.C. 4111) is amended— 4 (1) in subsection (c), by adding after the period 5 at the end the following: ‘‘The Secretary shall act 6 upon a waiver request submitted under this sub- 7 section by a recipient within 60 days after receipt of 8 such request.’’; and 9 (2) in subsection (k), by striking ‘‘1’’ and in- 10 serting ‘‘an’’. 11 SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS 12 TO ANNUAL INDIAN HOUSING PLAN RE- 13 QUIREMENT. 14 Not later than the expiration of the 120-day period 15 beginning on the date of the enactment of this Act and 16 after consultation with Indian tribes, tribally designated 17 housing entities, and other interested parties, the Sec- 18 retary of Housing and Urban Development shall submit 19 to the Congress recommendations for standards and pro- 20 cedures for waiver of, or alternative requirements (which 21 may include multi-year housing plans) for, the require- 22 ment under section 102(a) of the Native American Hous- 23 ing Assistance and Self-Determination Act of 1996 (25 24 U.S.C. 4112(a)) for annual submission of one-year hous- 25 VerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 5 •HR 5319 IH ing plans for an Indian tribe. Such recommendations shall 1 include a description of any legislative and regulatory 2 changes necessary to implement such recommendations. 3 SEC. 103. ENVIRONMENTAL REVIEW. 4 Section 105 (25 U.S.C. 4115) is amended— 5 (1) in subsection (d)— 6 (A) in the matter preceding paragraph (1), 7 by striking ‘‘may’’ and inserting ‘‘shall’’; and 8 (B) by adding after and below paragraph 9 (4) the following: 10 ‘‘The Secretary shall act upon a waiver request submitted 11 under this subsection by a recipient within 60 days after 12 receipt of such request.’’; and 13 (2) by adding at the end the following new sub- 14 section: 15 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW 16 REQUIREMENTS.—If a recipient is using one or more 17 sources of Federal funds in addition to grant amounts 18 under this Act in carrying out a project that qualifies as 19 an affordable housing activity under section 202, such 20 other sources of Federal funds do not exceed 49 percent 21 of the total cost of the project, and the recipient’s tribe 22 has assumed all of the responsibilities for environmental 23 review, decisionmaking, and action pursuant to this sec- 24 tion, the tribe’s compliance with the review requirements 25 VerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 6 •HR 5319 IH under this section and the National Environmental Policy 1 Act of 1969 with regard to such project shall be deemed 2 to fully comply with and discharge any applicable environ- 3 mental review requirements that might apply to Federal 4 agencies with respect to the use of such additional Federal 5 funding sources for that project.’’. 6 SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR AP- 7 PROVAL REGARDING EXCEEDING TDC MAX- 8 IMUM COST FOR PROJECT. 9 (a) APPROVAL.—Section 103 (25 U.S.C. 4113) is 10 amended by adding at the end the following new sub- 11 section: 12 ‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EX- 13 CEED TDC MAXIMUM.—A request for approval by the 14 Secretary of Housing and Urban Development to exceed 15 by more than 10 percent the total development cost max- 16 imum cost for a project shall be approved or denied during 17 the 60-day period that begins on the date that the Sec- 18 retary receives the request.’’. 19 (b) DEFINITION.—Section 4 (25 U.S.C. 4103) is 20 amended— 21 (1) by redesignating paragraph (22) as para- 22 graph (23); and 23 (2) by inserting after paragraph (21) the fol- 24 lowing new paragraph: 25 VerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 7 •HR 5319 IH ‘‘(22) TOTAL DEVELOPMENT COST.—The term 1 ‘total development cost’ means, with respect to a 2 housing project, the sum of all costs for the project, 3 including all undertakings necessary for administra- 4 tion, planning, site acquisition, demolition, construc- 5 tion or equipment and financing (including payment 6 of carrying charges), and for otherwise carrying out 7 the development of the project, excluding off-site 8 water and sewer. The total development cost 9 amounts shall be based on a moderately designed 10 house and determined by averaging the current con- 11 struction costs as listed in not less than two nation- 12 ally recognized residential construction cost indi- 13 ces.’’. 14 TITLE II—AFFORDABLE 15 HOUSING ACTIVITIES 16 SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 17 The second paragraph (6) of section 201(b) (25 18 U.S.C. 4131(b)(6); relating to exemption) is amended— 19 (1) by striking ‘‘1964 and’’ and inserting 20 ‘‘1964,’’; and 21 (2) by inserting after ‘‘1968’’ the following: ‘‘, 22 and section 3 of the Housing and Urban Develop- 23 ment Act of 1968’’. 24 VerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 8 •HR 5319 IH SEC. 202. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN- 1 COME REQUIREMENT AND INCOME TAR- 2 GETING. 3 Section 205 (25 U.S.C. 4135) is amended— 4 (1) in subsection (a)(1)— 5 (A) in subparagraph (C), by striking 6 ‘‘and’’ at the end; and 7 (B) by adding at the end the following new 8 subparagraph: 9 ‘‘(E) notwithstanding any other provision 10 of this paragraph, in the case of rental housing 11 that is made available to a current rental family 12 for conversion to a homebuyer or a lease-pur- 13 chase unit, that the current rental family can 14 purchase through a contract of sale, lease-pur- 15 chase agreement, or any other sales agreement, 16 is made available for purchase only by the cur- 17 rent rental family, if the rental family was a 18 low-income family at the time of their initial oc- 19 cupancy of such unit; and’’; and 20 (2) in subsection (c), by adding after the period 21 at the end the following: ‘‘The provisions of such 22 paragraph regarding binding commitments for the 23 remaining useful life of the property shall not apply 24 to improvements of privately owned homes if the 25 cost of such improvements do not exceed 10 percent 26 VerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 9 •HR 5319 IH of the maximum total development cost for such 1 home.’’. 2 SEC. 203. LEASE REQUIREMENTS AND TENANT SELECTION. 3 Section 207 (25 U.S.C. 4137) is amended by adding 4 at the end the following new subsection: 5 ‘‘(c) NOTICE OF TERMINATION.—Notwithstanding 6 any other provision of law, the owner or manager of rental 7 housing that is assisted in part with amounts provided 8 under this Act and in part with one or more other sources 9 of Federal funds shall only utilize leases that require a 10 notice period for the termination of the lease pursuant to 11 subsection (a)(3).’’. 12 SEC. 204. TRIBAL COORDINATION OF AGENCY FUNDING. 13 (a) IN GENERAL.—Subtitle A of title II (25 U.S.C. 14 4131 et seq.) is amended by adding at the end the fol- 15 lowing new section: 16 ‘‘SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION. 17 ‘‘Notwithstanding any other provision of law, a re- 18 cipient authorized to receive funding under this Act may, 19 in its discretion, use funding from the Indian Health Serv- 20 ice of the Department of Health and Human Services for 21 construction of sanitation facilities for housing construc- 22 tion and renovation projects that are funded in part by 23 funds provided under this Act.’’. 24 VerDate Sep 11 2014 03:44 Dec 11, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 10 •HR 5319 IH (b) CLERICAL AMENDMENT.—The table of contents 1 in section 1(b) is amended by inserting after the item re- 2 lating to section 210 the following new item: 3 ‘‘Sec. 211. IHS sanitation facilities construction.’’ SEC. 205. EXCEPTION TO MAXIMUM TOTAL DEVELOPMENT 4 COST FOR ENERGY EFFICIENT HOUSING. 5 Section 103 (25 U.S.C. 4113) is amended by adding 6 at the end the following new subsection: 7 ‘‘(g) EXCEPTION TO MAXIMUM TOTAL DEVELOP- 8 MENT COST FOR ENERGY EFFICIENT HOUSING.—The 9 Secretary shall approve a request to exceed the total devel- 10 opment cost maximum cost for a project to the extent that 11 such exception is necessary to provide energy efficiency 12 upgrades for the project and the cost of such upgrades 13 does not exceed the average cost of such upgrades in the 14 area in which the project is located.’’. 15 TITLE III—ALLOCATION OF 16 GRANT AMOUNTS 17 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 18 Section 108 (25 U.S.C. 4117) is amended to read as 19 follows: 20 ‘‘SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 21 ‘‘There is authorized to be appropriated for grants 22 under this title— 23 ‘‘(1) $680,000,000 for fiscal year 2020; 24 ‘‘(2) $713,000,000 for fiscal year 2021; 25 VerDate Sep 11 2014 00:27 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5319.IH H5319 kjohnson on DSK79L0C42 with BILLS 11 •HR 5319 IH ‘‘(3) $747,000,000 for fiscal year 2022; 1 ‘‘(4) $783,000,000 for fiscal year 2023; and 2 ‘‘(5) $820,000,000 for fiscal year 2024.’’. 3 SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT 4 AMOUNTS ON ANNUAL ALLOCATIONS. 5 (a) IN GENERAL.—Title III (25 U.S.C. 4151 et seq.) 6 is amended by adding at the end the following new section: 7 ‘‘SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON 8 ANNUAL ALLOCATIONS. 9 ‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED 10 GRANT AMOUNTS.—Subject to subsection (d) of this sec- 11 tion, if on October 1, 2020, or on any October 1 there- 12 after, the total amount of undisbursed block grants for 13 a recipient in the line of credit control system (or a suc- 14 cessor system) of the Department of Housing and Urban 15 Development is greater than the sum of the initial alloca- 16 tions for the previous 3 fiscal years, the Secretary shall— 17 ‘‘(1) before October 31 of such year, notify the 18 In [Text truncated for display. Full text available on Congress.gov.]