Native American Housing Assistance and Self-Determination Reauthorization Act of 2020

II 116TH CONGRESS 2D SESSION S. 4090 To reauthorize the Native American Housing Assistance and Self- Determination Act of 1996, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 25, 2020 Mr. HOEVEN (for himself, Mr. UDALL, Mr. BARRASSO, Ms. MURKOWSKI, Ms. MCSALLY, Mr. TESTER, Mr. SCHATZ, Mr. CRAMER, Ms. SMITH, and Mr. DAINES) 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. 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. 3 This Act may be cited as the ‘‘Native American 4 Housing Assistance and Self-Determination Reauthoriza- 5 tion Act of 2020’’. 6 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4090 IS SEC. 2. CONSOLIDATION OF ENVIRONMENTAL REVIEW RE- 1 QUIREMENTS. 2 Section 105 of the Native American Housing Assist- 3 ance and Self-Determination Act of 1996 (25 U.S.C. 4 4115) is amended by adding at the end the following: 5 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW 6 REQUIREMENTS.— 7 ‘‘(1) IN GENERAL.—In the case of a recipient 8 of grant amounts under this Act that is carrying out 9 a project that qualifies as an affordable housing ac- 10 tivity under section 202, if the recipient is using one 11 or more additional sources of Federal funds to carry 12 out the project, and the grant amounts received 13 under this Act constitute the largest single source of 14 Federal funds that the recipient reasonably expects 15 to commit to the project at the time of environ- 16 mental review, the Indian tribe of the recipient may 17 assume, in addition to all of the responsibilities for 18 environmental review, decision making, and action 19 under subsection (a), all of the additional respon- 20 sibilities for environmental review, decision making, 21 and action under provisions of law that would apply 22 to each Federal agency providing additional funding 23 were the Federal agency to carry out the project as 24 a Federal project. 25 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4090 IS ‘‘(2) DISCHARGE.—The assumption by the In- 1 dian tribe of the additional responsibilities for envi- 2 ronmental review, decision making, and action under 3 paragraph (1) with respect to a project shall be 4 deemed to discharge the responsibility of the applica- 5 ble Federal agency for environmental review, deci- 6 sion making, and action with respect to the project. 7 ‘‘(3) CERTIFICATION.—An Indian tribe that as- 8 sumes the additional responsibilities under para- 9 graph (1), shall certify, in addition to the require- 10 ments under subsection (c)— 11 ‘‘(A) the additional responsibilities that the 12 Indian tribe has fully carried out under this 13 subsection; and 14 ‘‘(B) that the certifying officer consents to 15 assume the status of a responsible Federal offi- 16 cial under the provisions of law that would 17 apply to each Federal agency providing addi- 18 tional funding under paragraph (1). 19 ‘‘(4) LIABILITY.— 20 ‘‘(A) IN GENERAL.—An Indian tribe that 21 completes an environmental review under this 22 subsection shall assume sole liability for the 23 content and quality of the review. 24 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4090 IS ‘‘(B) REMEDIES AND SANCTIONS.—Except 1 as provided in subparagraph (C), if the Sec- 2 retary approves a certification and release of 3 funds to an Indian tribe for a project in accord- 4 ance with subsection (b), but the Secretary or 5 the head of another Federal agency providing 6 funding for the project subsequently learns that 7 the Indian tribe failed to carry out the respon- 8 sibilities of the Indian tribe as described in sub- 9 section (a) or paragraph (1), as applicable, the 10 Secretary or other head, as applicable, may im- 11 pose appropriate remedies and sanctions in ac- 12 cordance with— 13 ‘‘(i) the regulations issued pursuant to 14 section 106; or 15 ‘‘(ii) such regulations as are issued by 16 the other head. 17 ‘‘(C) STATUTORY VIOLATION WAIVERS.—If 18 the Secretary waives the requirements under 19 this section in accordance with subsection (d) 20 with respect to a project for which an Indian 21 tribe assumes additional responsibilities under 22 paragraph (1), the waiver shall prohibit any 23 other Federal agency providing additional fund- 24 ing for the project from imposing remedies or 25 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4090 IS sanctions for failure to comply with require- 1 ments for environmental review, decision mak- 2 ing, and action under provisions of law that 3 would apply to the Federal agency.’’. 4 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 5 Section 108 of the Native American Housing Assist- 6 ance and Self-Determination Act of 1996 (25 U.S.C. 7 4117) is amended, in the first sentence, by striking ‘‘2009 8 through 2013’’ and inserting ‘‘2021 through 2031’’. 9 SEC. 4. STUDENT HOUSING ASSISTANCE. 10 Section 202(3) of the Native American Housing As- 11 sistance and Self-Determination Act of 1996 (25 U.S.C. 12 4132(3)) is amended by inserting ‘‘including education- 13 related stipends, college housing assistance, and other edu- 14 cation-related assistance for low-income college students,’’ 15 after ‘‘self-sufficiency and other services,’’. 16 SEC. 5. APPLICATION OF RENT RULE ONLY TO UNITS 17 OWNED OR OPERATED BY INDIAN TRIBE OR 18 TRIBALLY DESIGNATED HOUSING ENTITY. 19 Section 203(a)(2) of the Native American Housing 20 Assistance and Self-Determination Act of 1996 (25 U.S.C. 21 4133(a)(2)) is amended by inserting ‘‘owned or operated 22 by a recipient and’’ after ‘‘residing in a dwelling unit’’. 23 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4090 IS SEC. 6. PROGRAM REQUIREMENTS. 1 Section 203(a) of the Native American Housing As- 2 sistance and Self-Determination Act of 1996 (25 U.S.C. 3 4133(a)) (as amended by section 5) is amended— 4 (1) in paragraph (1), by striking ‘‘paragraph 5 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 6 (2) by redesignating paragraph (2) as para- 7 graph (3); 8 (3) by inserting after paragraph (1) the fol- 9 lowing: 10 ‘‘(2) APPLICATION OF TRIBAL POLICIES.— 11 Paragraph (3) shall not apply if— 12 ‘‘(A) the recipient has a written policy gov- 13 erning rents and homebuyer payments charged 14 for dwelling units; and 15 ‘‘(B) that policy includes a provision gov- 16 erning maximum rents or homebuyer payments, 17 including tenant protections.’’; and 18 (4) in paragraph (3) (as so redesignated), by 19 striking ‘‘In the case of’’ and inserting ‘‘In the ab- 20 sence of a written policy governing rents and home- 21 buyer payments, in the case of’’. 22 SEC. 7. DE MINIMIS EXEMPTION FOR PROCUREMENT OF 23 GOODS AND SERVICES. 24 Section 203(g) of the Native American Housing As- 25 sistance and Self-Determination Act of 1996 (25 U.S.C. 26 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4090 IS 4133(g)) is amended by striking ‘‘$5,000’’ and inserting 1 ‘‘$10,000’’. 2 SEC. 8. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME 3 REQUIREMENT AND INCOME TARGETING. 4 Section 205 of the Native American Housing Assist- 5 ance and Self-Determination Act of 1996 (25 U.S.C. 6 4135) is amended— 7 (1) in subsection (a)(1)— 8 (A) in subparagraph (C), by striking 9 ‘‘and’’ at the end; and 10 (B) by adding at the end the following: 11 ‘‘(E) notwithstanding any other provision 12 of this paragraph, in the case of rental housing 13 that is made available to a current rental family 14 for conversion to a homebuyer or a lease-pur- 15 chase unit, that the current rental family can 16 purchase through a contract of sale, lease-pur- 17 chase agreement, or any other sales agreement, 18 is made available for purchase only by the cur- 19 rent rental family, if the rental family was a 20 low-income family at the time of their initial oc- 21 cupancy of such unit; and’’; and 22 (2) in subsection (c)— 23 (A) by striking ‘‘The provisions’’ and in- 24 serting the following: 25 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4090 IS ‘‘(1) IN GENERAL.—The provisions’’; and 1 (B) by adding at the end the following: 2 ‘‘(2) APPLICABILITY TO IMPROVEMENTS.—The 3 provisions of subsection (a)(2) regarding binding 4 commitments for the remaining useful life of prop- 5 erty shall not apply to improvements of privately 6 owned homes if the cost of the improvements do not 7 exceed 10 percent of the maximum total develop- 8 ment cost for the home.’’. 9 SEC. 9. LEASE REQUIREMENTS AND TENANT SELECTION. 10 Section 207 of the Native American Housing Assist- 11 ance and Self-Determination Act of 1996 (25 U.S.C. 12 4137) is amended by adding at the end the following: 13 ‘‘(c) NOTICE OF TERMINATION.—The notice period 14 described in subsection (a)(3) shall apply to projects and 15 programs funded in part by amounts authorized under 16 this Act.’’. 17 SEC. 10. INDIAN HEALTH SERVICE. 18 (a) IN GENERAL.—Subtitle A of title II of the Native 19 American Housing Assistance and Self-Determination Act 20 of 1996 (25 U.S.C. 4131 et seq.) is amended by adding 21 at the end the following: 22 ‘‘SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION. 23 ‘‘Notwithstanding any other provision of law, the Di- 24 rector of the Indian Health Service, or a recipient receiv- 25 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4090 IS ing funding for a housing construction or renovation 1 project under this title, may use funding from the Indian 2 Health Service for the construction of sanitation facilities 3 under that project.’’. 4 (b) CLERICAL AMENDMENT.—The table of contents 5 in section 1(b) of the Native American Housing Assistance 6 and Self-Determination Act of 1996 (Public Law 104– 7 330; 110 Stat. 4016) is amended by inserting after the 8 item relating to section 210 the following: 9 ‘‘Sec. 211. IHS sanitation facilities construction.’’. SEC. 11. STATUTORY AUTHORITY TO SUSPEND GRANT 10 FUNDS IN EMERGENCIES. 11 Section 401(a)(4) of the Native American Housing 12 Assistance and Self-Determination Act of 1996 (25 U.S.C. 13 4161(a)(4)) is amended— 14 (1) in subparagraph (A), by striking ‘‘may take 15 an action described in paragraph (1)(C)’’ and insert- 16 ing ‘‘may immediately take an action described in 17 paragraph (1)(C)’’; and 18 (2) by striking subparagraph (B) and inserting 19 the following: 20 ‘‘(B) PROCEDURAL REQUIREMENTS.— 21 ‘‘(i) IN GENERAL.—If the Secretary 22 takes an action described in subparagraph 23 (A), the Secretary shall provide notice to 24 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4090 IS the recipient at the time that the Secretary 1 takes that action. 2 ‘‘(ii) NOTICE REQUIREMENTS.—The 3 notice under clause (i) shall inform the re- 4 cipient that the recipient may request a 5 hearing by not later than 30 days after the 6 date on which the Secretary provides the 7 notice. 8 ‘‘(iii) HEARING REQUIREMENTS.—A 9 hearing requested under clause (ii) shall be 10 conducted— 11 ‘‘(I) in accordance with subpart 12 A of part 26 of title 24, Code of Fed- 13 eral Regulations (or successor regula- 14 tions); and 15 ‘‘(II) to the maximum extent 16 practicable, on an expedited basis. 17 ‘‘(iv) FAILURE TO CONDUCT A HEAR- 18 ING.—If a hearing requested under clause 19 (ii) is not completed by the date that is 20 180 days after the date on which the re- 21 cipient requests the hearing, the action of 22 the Secretary to limit the availability of 23 payments shall no longer be effective.’’. 24 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4090 IS SEC. 12. REPORTS TO CONGRESS. 1 Section 407 of the Native American Housing Assist- 2 ance and Self-Determination Act of 1996 (25 U.S.C. 3 4167) is amended— 4 (1) in subsection (a), by striking ‘‘Congress’’ 5 and inserting ‘‘Committee on Indian Affairs and the 6 Committee on Banking, Housing and Urban Affairs 7 of the Senate and the Committee on Financial Serv- 8 ices of the House of Representatives’’; and 9 (2) by adding at the end the following: 10 ‘‘(c) PUBLIC AVAILABILITY.—The report described in 11 subsection (a) shall be made publicly available, including 12 to recipients.’’. 13 SEC. 13. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RE- 14 STRICTED LANDS FOR HOUSING PURPOSES. 15 Section 702 of the Native American Housing Assist- 16 ance and Self-Determination Act of 1996 (25 U.S.C. 17 4211) is amended— 18 (1) in the section heading, by striking ‘‘50- 19 YEAR’’ and inserting ‘‘99-YEAR’’; 20 (2) in subsection (b), by striking ‘‘50 years’’ 21 and inserting ‘‘99 years’’; and 22 (3) in subsection (c)(2), by striking ‘‘50 years’’ 23 and inserting ‘‘99 years’’. 24 VerDate Sep 11 2014 02:05 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4090.IS S4090 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4090 IS SEC. 14. REAUTHORIZATION OF NATIVE HAWAIIAN HOME- 1 OWNERSHIP PROVISIONS. 2 Section 824 of the Native American Housing Assist- 3 ance and Self-Determination Act of 1996 (25 U.S.C. 4 4243) is amended by striking ‘‘such sums as may be nec- 5 essary’’ and all that follows through the period at the end 6 and inserting ‘‘such sums as may be necessary for each 7 of fiscal years 2021 through 2031.’’. 8 SEC. 15. TOTAL DEVELOPMENT COST MAXIMUM PROJECT 9 COST. 10 Affordable housing (as defined in section 4 of the Na- 11 tive American Housing Assistance and Self-Determination 12 Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, 13 or assisted under the block grant program established 14 under section 101 of the Native American Housing Assist- 15 ance and Self-Determination Act of 1996 (25 U.S.C. 16 4111) shall not exceed by more than 20 percent, without 17 prior approval of the Secretary of [Text truncated for display. Full text available on Congress.gov.]