Pub.L. 104-331 To make certain laws applicable to the Executive Office of the President, and for other purposes. <> ...

	Web GovRecords.org

<DOC>



[[Page 4015]]

  NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996

[[Page 110 STAT. 4016]]

Public Law 104-330
104th Congress

                                 An Act


 
    To provide Federal assistance for Indian tribes in a manner that 
     recognizes the right of tribal self-governance, and for other 
            purposes. <<NOTE: Oct. 26, 1996 -  [H.R. 3219]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Native American 
Housing Assistance and Self-Determination Act of 1996.>> 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) <<NOTE: 25 USC 4101 note.>>  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:

Sec. 1. Short title.
Sec. 2. Congressional findings.
Sec. 3. Administration through Office of Native American Programs.
Sec. 4. Definitions.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Environmental review.
Sec. 106. Regulations.
Sec. 107. Effective date.
Sec. 108. Authorization of appropriations.

                 TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Types of investments.
Sec. 205. Low-income requirement and income targeting.
Sec. 206. Certification of compliance with subsidy layering 
           requirements.
Sec. 207. Lease requirements and tenant selection.
Sec. 208. Availability of records.
Sec. 209. Repayment.
Sec. 210. Continued use of amounts for affordable housing.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Annual allocation.
Sec. 302. Allocation formula.

                TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

Sec. 401. Remedies for noncompliance.
Sec. 402. Replacement of recipient.
Sec. 403. Monitoring of compliance.
Sec. 404. Performance reports.
Sec. 405. Review and audit by Secretary.
Sec. 406. GAO audits.
Sec. 407. Reports to Congress.

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

Sec. 501. Repeal of provisions relating to Indian housing assistance 
           under United States Housing Act of 1937.

[[Page 110 STAT. 4017]]

Sec. 502. Termination of Indian housing assistance under United States 
           Housing Act of 1937.
Sec. 503. Termination of new commitments for rental assistance.
Sec. 504. Termination of youthbuild program assistance.
Sec. 505. Termination of HOME program assistance.
Sec. 506. Termination of housing assistance for the homeless.
Sec. 507. Savings provision.
Sec. 508. Effective date.

TITLE VI--FEDERAL GUARANTEES FOR FINANCING FOR TRIBAL HOUSING ACTIVITIES

Sec. 601. Authority and requirements.
Sec. 602. Security and repayment.
Sec. 603. Payment of interest.
Sec. 604. Training and information.
Sec. 605. Limitations on amount of guarantees.
Sec. 606. Effective date.

        TITLE VII--OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS

Sec. 701. Loan guarantees for Indian housing.
Sec. 702. 50-year leasehold interest in trust or restricted lands for 
           housing 
           purposes.
Sec. 703. Training and technical assistance.
Sec. 704. Public and Assisted Housing Drug Elimination Act of 1990.
Sec. 705. Effective date.

SEC. 2. <<NOTE: 25 USC 4101.>>  CONGRESSIONAL FINDINGS.

    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

[[Page 110 STAT. 4018]]

        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.).

SEC. 3. <<NOTE: 25 USC 4102.>>  ADMINISTRATION THROUGH OFFICE OF NATIVE 
            AMERICAN PROGRAMS.

    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.

SEC. 4. <<NOTE: 25 USC 4103.>>  DEFINITIONS.

    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.

[[Page 110 STAT. 4019]]

                    (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

[[Page 110 STAT. 4020]]

                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 

Other Popular 104th Congressional Public Laws Documents:

Other Documents:

104th Congressional Public Laws Records and Documents