PART VII-HOUSING FOR NATIVE AMERICANS AND NATIVE HAWAIIANS NATIVE AMERICAN HOUSING ASSISTANCE EXCERPTS FROM NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT OF 1996 [Public Law 104-330; 110 Stat. 40; 25 U.S.C. 4101 et seq.] SECTION 1. [25 U.S.C. 4101 note] SHORT TITLE AND TABLE OF CON TENTS. (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: 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. 106. Regulations. Sec. 107. Effective date. Sec. 108. Authorization of appropriations. TITLE II-AFFORDABLE HOUSING ACTIVITIES Sec. 201. National objectives and eligible families. Sec. 203. Program requirements. Sec. 204. Types of investments. Sec. 205. Low-income requirement and income targeting. Sec. 207. Lease requirements and tenant selection. 209. 1 Noncompliance with affordable housing requirement. 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. 1 So in law. Sec. 407. Reports to Congress. Sec. 408. Public availability of information. 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. 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 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. [TITLE VIII-HOUSING ASSISTANCE FOR NATIVE HAWAIIANS]1 [Sec. 801. Definitions.] [Sec. 802. Block grants for affordable housing activities.] [Sec. 803. Housing plan.] [Sec. 804. Review of plans.] [Sec. 805. Treatment of program income and labor standards.] [Sec. 806. Environmental review.] [Sec. 807. Regulations.] [Sec. 808. Effective date.] [Sec. 809. Affordable housing activities.] [Sec. 810. Eligible affordable housing activities.] [Sec. 811. Program requirements.] [Sec. 812. Types of investments.] [Sec. 813. Low-income requirement and income targeting.] [Sec. 814. Lease requirements and tenant selection.] [Sec. 815. Repayment.] [Sec. 816. Annual allocation.] [Sec. 817. Allocation formula.] [Sec. 818. Remedies for noncompliance.] [Sec. 819. Monitoring of compliance.] [Sec. 820. Performance reports.] [Sec. 821. Review and audit by Secretary.] [Sec. 822. General Accounting Office audits.] [Sec. 823. Reports to Congress.] [Sec. 824. Authorization of appropriations.] SEC. 2. [25 U.S.C. 4101] CONGRESSIONAL FINDINGS. The Congress finds that 1 Title VIII was added by section 203 of the Omnibus Indian Advancement Act (Pub. L. 106568; 114 Stat. 2876) and substantially identical provisions were added by section 513 of the American Homeownership and Economic Opportunity Act of 2000 (Pub. L. 106-609; 114 Stat. 2969). Neither Act made a conforming amendment to this table of contents. The items relating to title VIII are shown as an aid to the user of this compilation. (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.). SEC. 3. [25 U.S.C. 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. [25 U.S.C. 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 AND PERSONS WITH DISABILITIES. $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. |