SenateS. 4276119th Congress
Native American Housing Assistance and Self-Determination Modernization Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4276 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4276
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26, 2026
Ms. Murkowski (for herself, Mr. Schatz, Mr. Daines, Mr. Lujan, Mr.
Sullivan, Ms. Hirono, and Mr. Crapo) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Modernization Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Flexibility for community compass technical assistance.
Sec. 4. Consolidation of environmental review requirements.
Sec. 5. Authorization of appropriations.
Sec. 6. Eligible families.
Sec. 7. Student housing assistance.
Sec. 8. Clarification of application of rent rule to units owned or
operated by Indian tribe or tribally
designated housing entity.
Sec. 9. De minimis exemption for procurement of goods and services.
Sec. 10. Procurement policies.
Sec. 11. Total development cost maximum cost.
Sec. 12. Homeownership or lease-to-own low-income requirement and
income targeting.
Sec. 13. Lease requirements and tenant selection.
Sec. 14. Housing counseling certification exemption.
Sec. 15. Statutory authority to suspend grant funds in emergencies.
Sec. 16. Streamlining reporting requirements.
Sec. 17. Reports to Congress.
Sec. 18. 99-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 19. Innovative readiness training program coordination.
Sec. 20. Amendments for block grants for affordable housing activities.
Sec. 21. Reauthorization of housing assistance for Native Hawaiians.
Sec. 22. Community-based development organizations and special
activities by Indian tribes.
Sec. 23. Eligibility for housing counseling grants.
Sec. 24. Section 184 Indian Home Loan Guarantee program.
Sec. 25. Loan guarantees for Native Hawaiian housing.
Sec. 26. Rental assistance for homeless or at-risk Indian veterans.
Sec. 27. Continuum of care.
Sec. 28. Application of Build America, Buy America requirements.
Sec. 29. Formula negotiated rulemaking.
Sec. 30. Pilot program for housing assistance for homeless Native
Americans and Alaska Natives.
Sec. 31. Pilot program for housing assistance for homeless Native
Hawaiians.
Sec. 32. Tribal and rural continuum of care builds program.
Sec. 33. HUD Tribal Intergovernmental Advisory Committee.
Sec. 34. Housing supply chain challenges.
Sec. 35. Report on housing in Alaska.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department of hawaiian home lands.--The term
``Department of Hawaiian Home Lands'' has the meaning given the
term in section 801 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4221).
(2) Domestic violence.--The term ``domestic violence'' has
the meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(a)).
(3) Federally recognized tribe; indian area; indian tribe;
tribally designated housing entity.--The terms ``Federally
recognized tribe'', ``Indian area'', ``Indian tribe'', and
``tribally designated housing entity'' have the meanings given
those terms in section 4 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
(4) Hawaiian home lands.--The term ``Hawaiian Home Lands''
means lands that--
(A) have the status as Hawaiian home lands under
section 204 of the Hawaiian Homes Commission Act, 1920
(42 Stat. 110); or
(B) are acquired pursuant to that Act.
(5) Homeless youth.--The term ``homeless youth'' has the
meaning given the term in section 387 of the Runaway and
Homeless Youth Act (34 U.S.C. 11279).
(6) Native hawaiian.--The term ``Native Hawaiian'' means
any individual who is--
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people, who,
prior to 1778, occupied and exercised sovereignty in
the area that currently constitutes the State of
Hawaii, as evidenced by--
(i) genealogical records;
(ii) verification by kupuna (elders) or
kama'aina (long-term community residents); or
(iii) birth records of the State of Hawaii.
(7) Native hawaiian organization; native hawaiian
community-based organization.--The terms ``Native Hawaiian
organization'' and ``Native Hawaiian community-based
organization'' have the meanings given those terms in section
6207 of the Native Hawaiian Education Act (20 U.S.C. 7517).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(9) 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. 5304).
SEC. 3. FLEXIBILITY FOR COMMUNITY COMPASS TECHNICAL ASSISTANCE.
The Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) is amended--
(1) in section 101 (25 U.S.C. 4111), by adding at the end
the following:
``(l) Technical Assistance Flexibility.--Notwithstanding any
requirement of the Community Compass Technical Assistance and Capacity
Building Program, in approving technical assistance requests, the
Secretary shall grant an Indian tribe or a tribally designated housing
entity requesting such technical assistance maximum flexibility and
deference when determining the allowable uses of such technical
assistance funding.''; and
(2) in section 802 (25 U.S.C. 4222), by adding at the end
the following:
``(f) Technical Assistance Flexibility.--Notwithstanding any
requirement of the Community Compass Technical Assistance and Capacity
Building Program, in approving technical assistance requests, the
Secretary shall grant the Department of Hawaiian Home Lands, or its
subrecipients under subsection (e)(2), requesting such technical
assistance maximum flexibility and deference when determining the
allowable uses of such technical assistance funding.''.
SEC. 4. CONSOLIDATION OF ENVIRONMENTAL REVIEW REQUIREMENTS.
Section 105 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4115) is amended--
(1) in subsection (c)(2), by inserting ``, or a tribally
designated housing entity official designated by the tribe,''
after ``tribe'';
(2) in subsection (d)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
adjusting the margins accordingly;
(B) by striking ``The Secretary may'' and inserting
the following:
``(1) In general.--The Secretary may''; and
(C) by adding at the end the following:
``(2) Timeline.--The Secretary shall act upon a waiver
request submitted under this subsection not later than 60 days
after receiving the request.''; and
(3) by adding at the end of the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--With respect to a project carried out
using amounts provided under this Act, including under title
VIII of this Act or carried out by an Indian tribe, or under a
grant made to an Indian tribe under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.), the
Indian tribe, recipient, or the Director of the Department of
Hawaiian Homelands, as applicable, shall be deemed to be in
compliance with the environmental review requirements under
this section or section 806 of this Act, under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.), and under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), and the Indian tribe or the
Director of the Department of Hawaiian Homelands, as
applicable, shall be discharged from any applicable
environmental review requirements that may apply to Federal
agencies with respect to the use of additional Federal funding
sources for that project, if--
``(A) a recipient is using 1 or more sources of
Federal funds in addition to assistance provided under
this Act or under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.);
``(B) the sum of the other sources of Federal funds
described in subparagraph (A) do not exceed 49 percent
of the Federal share of the project cost; and
``(C) the recipient's Indian tribe or the Director
of the Department of Hawaiian Homelands, as applicable,
has assumed all of the responsibilities for
environmental review, decisionmaking, and action
pursuant to this section, section 806 of this Act, or
title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.), as applicable.
``(2) Effect.--Upon completion of an environmental review
for a project described in paragraph (1) in accordance with
procedures established by the Secretary, as applicable, no
other Federal agency providing additional Federal funds for the
project shall be required to conduct a separate or supplemental
environmental review for purposes of compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or any other provision of Federal law described in
paragraph (1), except to the extent that the project is
materially changed in a manner that was not analyzed in the
consolidated review.
``(f) Environmental Streamlining.--With respect to a project
carried using amounts provided under this Act, including under title
VIII of this Act or grants made to an Indian tribe under title I of the
Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.),
each of the following applies:
``(1) General exemption.--Notwithstanding any other
provision of law, the following activities are exempt from any
environmental review requirements:
``(A) An activity for which a similar statutory
exemption applies to comparable activities carried out
by another Federal agency.
``(B) An affordable housing activity with a total
development cost of not more than $250,000.
``(C) An activity consisting solely of the
acquisition of real property or long-term equipment
using non-Federal funds.
``(D) An activity consisting of the rehabilitation
of an existing structure, if--
``(i) the cost of such rehabilitation is
less than 50 percent of the market value of the
structure before rehabilitation; and
``(ii) the rehabilitation does not involve
ground disturbance, an expansion or change in
the footprint of the structure, or any work
affecting a structure that is listed on the
National Register of Historic Places.
``(2) Determination by tribe.--An Indian tribe that has
assumed responsibility for environmental review,
decisionmaking, and action pursuant to procedures established
by the Secretary pursuant to subsection (e)(1)(C) shall make
and document any determination that an activity qualifies for
an exemption under this subsection, and such determination
shall be deemed sufficient for purposes of compliance by any
other Federal agency providing financial assistance for the
activity.
``(3) Radon.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary may not require
recipients, including the Director of the Department of
Hawaiian Home Lands, and Indian tribes to consider or
test for radon as part of the environmental review for
the project.
``(B) Rule of construction.--Nothing in
subparagraph (A) shall be construed to limit the
authority of a recipient or Indian tribe to consider,
test for, or mitigate radon.
``(4) Lead testing.--
``(A) Definitions.--In this paragraph:
``(i) Remote area.--The term `remote area'
means an area with a United States Postal
Service ZIP Code that has a level 1 Frontier
and Remote Area Code, as most recently posted
on the website of the Department of
Agriculture.
``(ii) Target housing.--The term `target
housing' means target housing, as defined in
section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851b), that is assisted under this Act.
``(B) Testing.--Lead paint testing of target
housing that is in a remote area, and that is being
rehabilitated, renovated, repaired, or painted in a
manner that will repair or disturb building components
that are painted or coated, shall be conducted
through--
``(i) paint chip testing, lead-based paint
inspection, visual assessment for deteriorated
paint, or a lead risk assessment for lead-based
paint hazards, as applicable in accordance with
section 302 of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4822); or
``(ii) a visual assessment for deteriorated
paint and use of lead test kits approved by the
Environmental Protection Agency in accordance
with section 402 or 404, as applicable, of the
Toxic Substances Control Act (15 U.S.C. 2682,
2684) on each building component that is
painted or coated and is to be disturbed.
``(5) Federal flood risk management standards.--The project
shall not be subject to the Federal Flood Risk Management
Standards, and the Secretary shall revise regulations governing
floodplain management and the protection of wetlands to exclude
the Federal Flood Risk Management Standards from applying to
such projects.
``(6) Exemption from flood insurance requirements.--
Notwithstanding any provision of law, the Secretary may provide
financial assistance for acquisition or construction purposes
to Indian tribes and tribally designated housing entities under
any program administered by the Secretary for a property that--
``(A) is owned by the Indian tribe, tribally
designated housing entity, tribal organization, or
other Tribal entity; and
``(B) is--
``(i) not covered by flood insurance; or
``(ii) not located in a jurisdiction that
participates in the national flood insurance
program.
``(7) Exemptions from certain separation distance
requirements for projects from storage tanks.--
``(A) Residential tanks.--A recipient, including
the Director of the Department of Hawaiian Home Lands,
carrying out activities under this Act or an Indian
tribe carrying out activities under title I of the
Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) shall be exempt from the
acceptable separation distance and mitigation
requirements of the Secretary for residential tanks
when the tank--
``(i) has a capacity of not more than 1,320
gallons;
``(ii) is intended to contain common liquid
fuels such as gasoline, fuel oil, kerosene,
diesel, liquified petroleum gas (propane), or
crude oil;
``(iii) is sited on land or property that
contains a 1- to 4-family dwelling;
``(iv) is intended to be used solely by
residents of such dwelling; and
``(v) is intended to be used by residents
of such dwelling exclusively for non-
commercial, non-industrial purposes.
``(B) Rule of construction.--Nothing in this
paragraph shall be construed to limit the authority of
a recipient, including the Director of the Department
of Hawaiian Home Lands, or an Indian tribe to consider
acceptable separation distance or implementation
mitigation measures for residential tanks.
``(C) Above ground storage tanks.--The acceptable
separation distance requirements of the Secretary
between a residential structure assisted by a
recipient, including the Director of the Department of
Hawaiian Home Lands, with funds under this Act (or
assisted with funds under a grant to an Indian tribe
under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.)) and an above-
ground storage tank used to store hazardous substances,
as defined in subpart C of part 51 of title 24, Code of
Federal Regulations, or any successor regulation,
including mitigation measures, shall not apply if the
recipient, including the Director of the Department of
Hawaiian Home Lands, or Indian tribe determines that--
``(i) the application of the requirements
would prevent or materially impede the ability
of the recipient or Indian tribe to address its
housing needs;
``(ii) the use of an alternative standard,
or the absence of a standard, will not present
an unacceptable risk to the health or safety or
residents; and
``(iii) the recipient or Indian tribe has--
``(I) provided notice and an
opportunity for comment to residents of
the affected area regarding the
proposed inapplicability of the
requirements; and
``(II) developed and adopted a
safety and response plan addressing the
potential risks associated with an
above ground storage tank.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to limit the authority of
a recipient, including the Director of the Department
of Hawaiian Home Lands, or an Indian tribe to consider,
adopt, or enforce acceptable separation distance
standards or implement mitigation measures for risks
associated with above ground storage tanks.
``(8) Wetland requirements.--The Secretary may not apply
additional requirements involving protection of wetlands in
instances where--
``(A) an affected wetland requires a U.S. Army
Corps of Engineers General, regional, or individual
permit; and
``(B) the recipient, including the Director of the
Department of Hawaiian Home Lands, or Indian tribe
complies with the conditions of the permit.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first
sentence, by striking ``2009 through 2013'' and inserting ``2027
through 2033''.
SEC. 6. ELIGIBLE FAMILIES.
The Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) is amended--
(1) by amending section 201(b)(3) (25 U.S.C. 4131(b)(3)) to
read as follows:
``(3) Other families.--
``(A) Essential families.--Notwithstanding
paragraph (1), a recipient may provide housing or
housing assistance provided through affordable housing
activities assisted with grant amounts under this Act
for a family on an Indian reservation or other Indian
area if the recipient determines that--
``(i) the presence of the family on the
Indian reservation or other Indian area is
essential to the well-being of Indian families;
and
``(ii) the need for housing for the family
cannot reasonably be met without such
assistance.
``(B) Homeownership assistance.--Notwithstanding
paragraph (1), a recipient may provide assistance for
homeownership activities under section 202 or title VI
of this Act with grant amounts under this Act for
Indian families with a household income that does not
exceed 120 percent of the median income for the area,
as determined by the Secretary, and such housing shall
be considered affordable housing for purposes of this
Act, provided a recipient shall not use more than 50
percent of its annual grant under this Act to serve
such families.''; and
(2) in section 809(a)(2) (25 U.S.C. 4228(a)(2)), by
amending subparagraph (B) to read as follows:
``(B) Exception to low-income requirement.--
``(i) In general.--The Director may provide
assistance for homeownership activities under--
``(I) section 810(b) for Native
Hawaiian families with a household
income that does not exceed 120 percent
of the median income for the area, as
determined by the Secretary, and such
housing shall be considered affordable
housing for purposes of this title; or
``(II) loan guarantee activities
under section 184A of the Housing and
Community Development Act of 1992 (12
U.S.C. 1715z-13b) to Native Hawaiian
families who are not low-income
families, to the extent that the
Secretary approves the activities under
that section to address a need for
housing for those families that cannot
be reasonably met without that
assistance.
``(ii) Limitation.--The Director shall not
use more than 50 percent of a grant provided
under this title to serve families described in
clause (i)(I).''.
SEC. 7. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting
``including college housing assistance,'' after ``self-sufficiency and
other services,''.
SEC. 8. CLARIFICATION OF APPLICATION OF RENT RULE TO UNITS OWNED OR
OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED HOUSING
ENTITY.
Section 203(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133(a)) is amended--
(1) in paragraph (2), by inserting ``owned or operated by a
recipient and'' after ``residing in a dwelling unit''; and
(2) by adding at the end the following:
``(3) Self-determination.--Notwithstanding paragraph (2),
each recipient may establish its own policies governing maximum
and minimum rents and homebuyer payments for dwelling units
assisted under this Act, including rents and homebuyer payments
that exceed 30 percent of the monthly adjusted income, provided
that the policies are written and made publicly available.''.
SEC. 9. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND SERVICES.
Section 203(g) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking
``$5,000'' and inserting ``150 percent of the micro-purchase threshold
set forth in section 200.320 of title 2, Code of Federal Regulations,
or any successor regulation''.
SEC. 10. PROCUREMENT POLICIES.
Section 203 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133) is amended by adding at the
end the following:
``(h) Tribal Procurement Policies.--
``(1) In general.--Notwithstanding any other provision of
law, including subsection (g), a recipient may adopt its own
policies and procedures governing the procurement of goods and
services using amounts provided under this Act.
``(2) Form.--A recipient with its own policies and
procedures described in paragraph (1) shall--
``(A) make the policies and procedures written and
publicly available; and
``(B) follow those policies and procedures.
``(3) Default.--If a recipient does not adopt its own
policies and procedures under paragraph (1), the recipient
shall be subject to the procurement standards applicable to
Indian tribes in accordance with section 200.317 of title 2,
Code of Federal Regulations, or any successor regulation.''.
SEC. 11. TOTAL DEVELOPMENT COST MAXIMUM COST.
Section 203 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4133), as amended by this Act, is
amended by adding at the end the following:
``(i) Total Development Cost Maximum Cost.--Affordable housing that
is developed, acquired, or assisted under the block grant program
established under section 101 shall not exceed by more than 20 percent,
without prior approval of the Secretary, the total development cost
maximum cost for all housing assisted under an affordable housing
activity, including development and model activities.''.
SEC. 12. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME REQUIREMENT AND
INCOME TARGETING.
The Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) is amended--
(1) in section 205 (25 U.S.C. 4135)--
(A) in subsection (a)(1)--
(i) in subparagraph (C), by striking
``and'' at the end; and
(ii) by adding at the end the following:
``(E) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to
a homebuyer or a lease-purchase unit, that the current
rental family can purchase through a contract of sale,
lease-purchase agreement, or any other sales agreement,
is made available for purchase only by the current
rental family, if the rental family was a low-income
family at the time of their initial occupancy of such
unit; and''; and
(B) in subsection (c)--
(i) by striking ``The provisions'' and
inserting the following:
``(1) In general.--The provisions''; and
(ii) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property shall not apply to
improvements of privately owned homes if the cost of the
improvements do not exceed 10 percent of the maximum total
development cost for the home.''; and
(2) in section 813(a) (25 U.S.C. 4232(a))--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' at the end; and
(ii) by adding at the end the following:
``(C) notwithstanding any other provision of this
paragraph, in the case of rental housing that is made
available to a current rental family for conversion to
a homebuyer or a lease-purchase unit, the current
rental family can purchase through a contract of sale,
lease-purchase agreement, or any other sales agreement,
is made available for purchase only by the current
rental family, if the rental family was a low-income
family at the time of their initial occupancy of such
unit; and''; and
(B) by adding at the end the following:
``(3) Applicability to improvements.--The provisions of
subsection (a)(2) regarding binding commitments for the
remaining useful life of property or other period as determined
by the Secretary shall not apply to improvements of privately
owned homes if the cost of the improvements do not exceed 10
percent of the maximum total development cost for the home.''.
SEC. 13. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and Self-
Determination Act of 1996 (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.''.
SEC. 14. HOUSING COUNSELING CERTIFICATION EXEMPTION.
(a) In General.--Subtitle A of title II of the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131
et seq.) is amended by adding at the end the following:
``SEC. 211. HOUSING COUNSELING CERTIFICATION EXEMPTION.
``(a) In General.--Notwithstanding section 106(g)(1) of the Housing
and Urban Development Act of 1968 (12 U.S.C. 1701x(g)(1)), Indian
tribes, Tribal organizations, tribally designated housing entities, and
the Department of Hawaiian Home Lands carrying out homeownership
counseling or rental housing counseling under section 105(a)(20) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(20))
or section 202(3) or 810(b)(2)(A) of this Act may not be required to
comply with any housing counseling certification requirements
established by the Secretary.
``(b) Rule of Construction.--Nothing in this section shall be
construed to limit the ability of an entity described in subsection (a)
to obtain a housing counseling certification from the Secretary.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (Public Law 104-330; 110 Stat. 4016) is
amended by inserting after the item relating to section 210 the
following:
``Sec. 211. Housing counseling certification exemption.''.
SEC. 15. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended--
(1) in subparagraph (A), by striking ``may take an action
described in paragraph (1)(C)'' and inserting ``may immediately
take an action described in paragraph (1)(C)''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes
an action described in subparagraph (A), the
Secretary shall provide notice to the recipient
at the time that the Secretary takes that
action.
``(ii) Notice requirements.--The notice
under clause (i) shall inform the recipient
that the recipient may request a hearing by not
later than 30 days after the date on which the
Secretary provides the notice.
``(iii) Hearing requirements.--A hearing
requested under clause (ii) shall be
conducted--
``(I) in accordance with subpart A
of part 26 of title 24, Code of Federal
Regulations (or successor regulations);
and
``(II) to the maximum extent
practicable, on an expedited basis.
``(iv) Failure to conduct a hearing.--If a
hearing requested under clause (ii) is not
completed by the date that is 180 days after
the date on which the recipient requests the
hearing, the action of the Secretary to limit
the availability of payments shall no longer be
effective.''.
SEC. 16. STREAMLINING REPORTING REQUIREMENTS.
Section 404 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4164) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Consolidated Reporting.--Notwithstanding any other provision
of law, the Secretary shall develop policies and procedures that
authorize interested Indian tribes and tribally designated housing
entities receiving grant amounts under this Act to submit to the
Secretary, at their discretion, 1 consolidated annual performance
report covering all grants the Indian tribe or tribally designated
housing entity receives under this Act and from other grant programs
administered by the Secretary.''.
SEC. 17. REPORTS TO CONGRESS.
The Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.) is amended--
(1) in section 407 (25 U.S.C. 4167)--
(A) in subsection (a), in the matter preceding
paragraph (1)--
(i) by striking ``90'' and inserting
``180''; and
(ii) 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
(B) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a)
shall be made publicly available, including to recipients.''; and
(2) in section 823 (25 U.S.C. 4242)--
(A) in subsection (a), in the matter preceding
paragraph (1)--
(i) by striking ``90'' and inserting
``180''; and
(ii) 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
(B) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a)
shall be made publicly available, including to recipients.''.
SEC. 18. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED LANDS FOR
HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and
inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and
inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and
inserting ``99 years''.
SEC. 19. INNOVATIVE READINESS TRAINING PROGRAM COORDINATION.
(a) In General.--Title VII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211 et seq.)
is amended by adding at the end the following:
``SEC. 706. INNOVATIVE READINESS TRAINING PROGRAM COORDINATION.
``(a) Coordination Requirement.--The Secretary shall coordinate
with the Secretary of Defense, and with Indian tribes and tribally
designated housing entities that are recipients of funds under this
Act, to maximize the benefit of the Department of Defense's Innovative
Readiness Training Program (in this section referred to as the
`Program,'), when the Program conducts civil engineering and
construction activities in partnership with recipients of formula and
competitive block grant funds made available under title I.
``(b) Maximizing Benefit.--The coordination under subsection (a)
shall include--
``(1) the development of a joint Memorandum of
Understanding between the Department of Housing and Urban
Development and the Department of Defense to streamline the
identification of suitable construction projects under this
Act;
``(2) the synchronization of project planning and execution
to ensure that Program construction activities directly support
the affordable housing goals and priorities identified in a
housing plan submitted under section 102; and
``(3) the identification and communication of best
practices to Indian tribes for leveraging Program resources,
including guidance on project eligibility and application
processes.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (Public Law 104-330; 110 Stat. 4016) is
amended by inserting after the item relating to section 706 the
following:
``Sec. 706. Innovative readiness training program coordination.''.
SEC. 20. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE HOUSING ACTIVITIES.
Section 802(e) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4222(e)) is amended--
(1) by striking ``The Director'' and inserting the
following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of
law, including provisions of State law requiring competitive
procurement, the Director may make subawards to subrecipients,
except for for-profit entities, using amounts provided under
this title to carry out affordable housing activities upon a
determination by the Director that such subrecipients have
adequate capacity to carry out activities in accordance with
this Act.''.
SEC. 21. REAUTHORIZATION OF HOUSING ASSISTANCE FOR NATIVE HAWAIIANS.
Section 824 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4243) is amended by striking
``such sums as may be necessary'' and all that follows through the
period at the end and inserting ``such sums as may be necessary for
each of fiscal years 2027 through 2033.''.
SEC. 22. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND SPECIAL
ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of 1974
(42 U.S.C. 5305) is amended by adding at the end the following:
``(i) Special Activities by Indian Tribes.--
``(1) Definitions.--In this paragraph:
``(A) Tribal organization.--The term `tribal
organization' has the meaning the term in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304).
``(B) Tribally designated housing entity.--The term
`tribally designated housing entity' has the meaning
given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103).
``(2) Authorization.--An Indian tribe (or a tribal
organization or tribally designated housing entity designated
by the Indian tribe) receiving a grant under section
106(a)(1)--
``(A) is authorized to directly carry out
activities described in section 106(a)(15), including
the new construction of affordable housing; and
``(B) may not be subject to any limitation on the
percentage of the grant that may be used to carry out
the activities described in subparagraph (A).''.
SEC. 23. ELIGIBILITY FOR HOUSING COUNSELING GRANTS.
Section 106(a)(4) of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the
following: ``, Indian tribes, and tribally designated
housing entities'';
(2) in subparagraph (B), by inserting ``, Indian tribes,
and tribally designated housing entities'' after
``organizations)'';
(3) by redesignating subparagraph (F) as subparagraph (G);
and
(4) by inserting after subparagraph (E) the following:
``(F) Definitions.--In this paragraph, the terms
`Indian tribe' and `tribally designated housing entity'
have the meanings given those terms in section 4 of the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).''.
SEC. 24. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authority.--To provide access to sources of private financing
to Indian families, Indian housing authorities, and Indian tribes, who
otherwise could not acquire housing financing because of the unique
legal status of Indian lands and the unique nature of tribal economies,
and to expand homeownership opportunities to Indian families, tribally
designated housing entities, Indian housing authorities, and Indian
tribes on fee simple lands, the Secretary may guarantee not to exceed
100 percent of the unpaid principal and interest due on any loan
eligible under subsection (b) made to an Indian family, tribally
designated housing entity, Indian housing authority, or Indian tribe on
trust land and fee simple land.'';
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively, and adjusting the margins
accordingly;
(ii) by striking ``The loan'' and inserting
the following:
``(A) In general.--The loan'';
(iii) in subparagraph (A), as so
designated, by adding at the end the following:
``(v) Any other lender that is supervised,
approved, regulated, or insured by any agency
of the Federal Government, including any entity
certified as a community development financial
institution by the Community Development
Financial Institutions Fund established under
section 104(a) of the Riegle Community
Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4703(a)).''; and
(iv) by adding at the end the following:
``(B) Direct guarantee endorsement process and
indemnification.--
``(i) Authorization.--The Secretary may,
dependent on the available systems development
and staffing resources, delegate to eligible
lenders the authority to directly endorse loans
under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary
determines that a loan guaranteed under
this section was not originated in
accordance with the requirements
established by the Secretary, the
Secretary may require the lender
approved under this subparagraph to
indemnify the Secretary for the loss or
potential loss, irrespective of whether
the violation caused or will cause the
loan default.
``(II) Fraud or
misrepresentation.--If fraud or
misrepresentation is involved in a loan
guaranteed under this section, the
Secretary may require the originating
lender approved under this subparagraph
to indemnify the Secretary for the loss
regardless of whether there was a
payment made by the Secretary under the
guarantee.
``(III) Implementation.--The
Secretary may implement any requirement
described in this subparagraph by
regulation, notice or Dear Lender
Letter.'';
(C) in paragraph (5)(A), by inserting before the
semicolon at the end the following: ``except, as
determined by the Secretary, when there is a loan
modification under subsection (h)(1)(B), the term of
the loan shall not exceed 40 years''; and
(D) by adding at the end the following:
``(6) Review of lenders.--
``(A) In general.--The Secretary may periodically
review the lenders originating, underwriting, or
servicing single family mortgage loans under this
section.
``(B) Requirements.--In conducting a review under
subparagraph (A), the Secretary--
``(i) shall compare the lender with other
lenders originating or underwriting loan
guarantees for Indian housing based on the
rates of defaults and claims for guaranteed
loans originated, underwritten, or serviced by
that lender; and
``(ii) may compare the lender with such
other lenders based on underwriting quality,
geographic area served, or any commonly used
factors the Secretary determines necessary for
comparing mortgage default risk, provided that
the comparison is of factors that the Secretary
would expect to affect the default risk of
mortgage loans guaranteed by the Secretary.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Before'' and inserting
the following:
``(A) In general.--Except as provided in
subparagraph (B), before''; and
(ii) by adding at the end the following:
``(B) Exception.--Subparagraph (A) shall not apply
when the Secretary exercises its discretion to delegate
direct guarantee endorsement authority to eligible
lenders under subsection (b)(4)(B)(i).'';
(B) in paragraph (2)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the Secretary''; and
(ii) by adding at the end the following:
``(B) Exceptions.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement
authority to eligible lenders under subsection
(b)(4)(B)(i)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement
lender may issue a certificate under this
paragraph as evidence of the guarantee in
accordance with requirements established by the
Secretary.''; and
(C) in paragraph (3), by inserting ``, or where
applicable, the direct guarantee endorsement lender,''
after ``Secretary'' in each place that term appears;
and
(4) in subsection (l)--
(A) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the following:
``(8) The term `tribally designated housing entity' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the
Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2027 through 2033.''; and
(2) in subparagraph (C), by striking ``2008 through 2012''
and inserting ``2027 through 2033''.
SEC. 25. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand
homeownership opportunities to Native Hawaiian families who are
eligible to receive a homestead under the Hawaiian Homes
Commission Act, 1920 (42 Stat. 108) on fee simple lands in the
State of Hawaii'' after ``markets'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to
construct, acquire, refinance, or rehabilitate 1- to 4-family
dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) in subparagraph (B)--
(I) by redesignating clause (iv) as
clause (v); and
(II) by adding after clause (iii)
the following:
``(iv) Any other lender that is supervised,
approved, regulated, or insured by any agency
of the Federal Government, including any entity
certified as a community development financial
institution by the Community Development
Financial Institutions Fund established under
section 104(a) of the Riegle Community
Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4703(a)).''; and
(ii) by adding at the end the following:
``(C) Direct guarantee endorsement and
indemnification.--
``(i) In general.--If the Secretary
determines that a loan guaranteed under this
section was not originated in accordance with
the requirements established by the Secretary,
the Secretary may require the lender approved
under this paragraph to indemnify the Secretary
for the loss or potential loss, irrespective of
whether the violation caused or will cause the
loan default.
``(ii) Direct guarantee endorsement.--The
Secretary may, dependent on the availability of
systems development and staffing resources,
delegate to eligible lenders the authority to
directly endorse loans under this section.
``(iii) Fraud or misrepresentation.--If
fraud or misrepresentation is involved in a
loan guaranteed under this section, the
Secretary may require the originating lender
approved under this subparagraph to indemnify
the Secretary for the loss regardless of
whether there was a payment made by the
Secretary under the guarantee.
``(iv) Implementation.--The Secretary may
implement any requirements described in this
subparagraph by regulation, notice, or Dear
Lender Letter.'';
(C) in paragraph (5)(A), by inserting before the
semicolon at the end the following: ``except, as
determined by the Secretary, when there is a loan
modification under subsection (i)(1)(B), the term of
the loan shall not exceed 40 years''; and
(D) by adding at the end the following:
``(6) Review of lenders.--
``(A) In general.--The Secretary may periodically
review the lenders originating, underwriting, or
servicing single family mortgage loans under this
section.
``(B) Requirements.--In conducting a review under
subparagraph (A), the Secretary--
``(i) shall compare the lender with other
lenders originating or underwriting loan
guarantees for Indian housing and Native
Hawaiian housing based on the rates of defaults
and claims for guaranteed loans originated,
underwritten, or serviced by that lender;
``(ii) may compare the lender with such
other lenders based on underwriting quality,
geographic area served, or any commonly used
factors the Secretary determines necessary for
comparing mortgage default risk, provided that
the comparison is of factors that the Secretary
would expect to affect the default risk of
mortgage loans guaranteed by the Secretary;
``(iii) shall implement the comparisons
described in clauses (i) and (ii) by
regulation, notice, or Dear Lender Letter; and
``(iv) may terminate the approval of a
lender to originate, underwrite, or service
loan guarantees for housing under this section
if the Secretary determines that the mortgage
loans originated, underwritten, or serviced by
the lender present an unacceptable risk to the
Hawaiian Housing Loan Guarantee Fund
established under subsection (j)--
``(I) based on a comparison of any
of the factors set forth in this
subparagraph; or
``(II) by a determination that the
lender engaged in fraud or
misrepresentation.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``Before'' and inserting ``Except as provided
in subsection (C), before'';
(ii) in subparagraph (B), by striking
``If'' and inserting ``Except as provided under
subparagraph (C), before''; and
(iii) by adding at the end the following:
``(C) Exception.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement
authority pursuant to subsection (c)(4)(C)(ii),
subparagraphs (A) and (B) of this paragraph shall not
apply.'';
(B) by amending paragraph (2) to read as follows:
``(2) Standard for approval.--
``(A) Approval.--Except as provided in subparagraph
(B), the Secretary may approve a loan for guarantee
under this section and issue a certificate under this
subsection only if the Secretary determines that there
is a reasonable prospect of repayment of the loan.
``(B) Exceptions.--When the Secretary exercises its
discretion to delegate direct guarantee endorsement
authority pursuant to subsection (c)(4)(C)(ii)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement
lender may issue a certificate under this
paragraph as evidence of the guarantee in
accordance with requirements prescribed by the
Secretary.''; and
(C) in paragraph (3)(A), by inserting ``or, where
applicable, the direct guarantee endorsement lender,''
after ``Secretary''; and
(4) in subsection (j)(5)(B), by inserting after the first
sentence the following: ``There are authorized to be
appropriated for those costs such sums as may be necessary for
each of fiscal years 2027 through 2033.''.
SEC. 26. 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--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following:
``(D) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The
term `eligible Indian veteran' means an
Indian veteran who is--
``(aa) homeless or at risk
of homelessness; and
``(bb) living--
``(AA) on or near a
reservation; or
``(BB) in or near
any other Indian area.
``(II) Eligible recipient.--The
term `eligible recipient' means a
recipient eligible to receive a grant
under section 101 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4111).
``(III) Indian; indian area.--The
terms `Indian' and `Indian area' have
the meanings given those terms in
section 4 of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(IV) Indian veteran.--The term
`Indian veteran' means an Indian who is
a veteran.
``(V) Program.--The term `Program'
means the Tribal HUD-VASH program
carried out under clause (ii).
``(VI) 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.
5304).
``(ii) Program specifications.--The
Secretary may not use less than 5 percent of
the amounts made available for rental
assistance under this paragraph to carry out a
rental assistance and supported housing
program, to be known as the `Tribal HUD-VASH
program', in conjunction with the Secretary of
Veterans Affairs, by awarding grants for the
benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall model the Program on
the rental assistance and supported
housing program authorized under
subparagraph (A) and applicable
appropriations Acts, including
administration in conjunction with the
Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing
and urban development.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary may make necessary
and appropriate modifications
to facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(bb) Secretary of
veterans affairs.--After
consultation with Indian
tribes, eligible recipients,
and any other appropriate
tribal organizations, the
Secretary of Veterans Affairs
may make necessary and
appropriate modifications to
facilitate the use of the
Program by eligible recipients
to serve eligible Indian
veterans.
``(iv) Eligible recipients.--The Secretary
shall make amounts for rental assistance and
associated administrative costs under the
Program available in the form of grants to
eligible recipients.
``(v) Funding criteria.--The Secretary
shall award grants under the Program 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.--Grants awarded
under the Program 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
recipients shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the Program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
Program in serving eligible Indian
veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal
organizations.--The Secretary, in
coordination with the Secretary of
Veterans Affairs, shall consult with
eligible recipients and any other
appropriate tribal organization on the
design of the Program to ensure the
effective delivery of rental assistance
and supportive services to eligible
Indian veterans under the Program.
``(II) Indian health service.--The
Director of the Indian Health Service
shall provide any assistance requested
by the Secretary or the Secretary of
Veterans Affairs in carrying out the
Program.
``(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 the Program if the Secretary
finds that the waiver or alternative
requirement is necessary for the
effective delivery and administration
of rental assistance under the Program
to eligible Indian veterans.
``(II) Exception.--The Secretary
may not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made
available for tenant-based rental
assistance under this subsection and
without regard to the amounts used for
new grants under clause (ii), such
amounts as may be necessary to award
renewal grants to eligible recipients
that received a grant under the Program
in a previous year; and
``(II) specify criteria that an
eligible recipient must satisfy to
receive a renewal grant under subclause
(I), including providing data on how
the eligible recipient used the amounts
of any grant previously received under
the Program.
``(x) Reporting.--Not later than 1 year
after the date of enactment of this
subparagraph, and every 5 years thereafter, the
Secretary, in coordination with the Secretary
of Veterans Affairs and the Director of the
Indian Health Service, shall--
``(I) conduct a review of the
implementation of the Program,
including any factors that may have
limited its success; and
``(II) submit a report describing
the results of the review under
subclause (II) to--
``(aa) the Committee on
Indian Affairs, the Committee
on Banking, Housing, and Urban
Affairs, the Committee on
Veterans' Affairs, and the
Committee on Appropriations of
the Senate; and
``(bb) the Subcommittee on
Indian and Insular Affairs of
the Committee on Natural
Resources, the Committee on
Financial Services, the
Committee on Veterans' Affairs,
and the Committee on
Appropriations of the House of
Representatives.
``(xi) Impact on formula current assisted
stock.--For a given fiscal year's allocation
formula of the Native American Housing Block
Grant program, as authorized under title I of
the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), the number of qualifying low-income
housing dwelling units under section 302(b)(1)
of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C.
4152(b)(1)) shall not be reduced due to the
placement of an eligible Indian veteran
assisted with amounts provided under the
Program within such qualifying units.''.
SEC. 27. CONTINUUM OF CARE.
Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.) is amended--
(1) in section 401 (42 U.S.C. 11360)--
(A) by redesignating paragraphs (32) through (35)
as paragraphs (33) through (36) respectively; and
(B) by inserting after paragraph (31) the
following:
``(32) Tribally designated housing entity.--The term
`tribally designated housing entity' has the meaning given the
term in section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103).'';
(2) in section 423(g) (42 U.S.C. 11383(g)), by inserting
``Indian tribe, tribally designated housing entity,'' after
``private nonprofit organization,''; and
(3) in section 435 (42 U.S.C. 11389)--
(A) by striking ``Notwithstanding'' and inserting
``(a) Eligible Entities.--Notwithstanding'';
(B) in subsection (a), as so designated, by
striking ``(as defined in section 4 of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103))''; and
(C) by adding at the end the following:
``(b) Civil Rights Exemptions.--
``(1) Definitions.--In this subsection:
``(A) Formula area.--The term `formula area' has
the meaning given the term in section 1000.302 of title
24, Code of Federal Regulations, or any successor
regulation.
``(B) Tribal project.--The term `Tribal project'
means a project in which amounts provided under this
Act shall be used specifically to benefit Tribal
communities or Tribal members.
``(2) Exemptions.--With respect to grants awarded to carry
out eligible activities under this subtitle, title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title
VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.)
shall not apply to applications or awards for--
``(A) projects to be carried out--
``(i) on or off reservation or trust lands
for awards made to Indian Tribes or tribally
designated housing entities; or
``(ii) on reservation or trust lands for
awards made to eligible entities; or
``(B) Tribal projects located in Indian Housing
Block Grant formula areas.
``(c) Certification.--Notwithstanding section 106 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section
403 of this Act, with respect to applications for projects to be
carried out on reservations or trust land using grants awarded under
this subtitle--
``(1) the applications shall contain a certification of
consistency with an approved Indian housing plan developed
under section 102 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4112); and
``(2) Indian tribes and tribally designated housing
entities that are recipients of awards for projects on
reservations or trust land from such funds shall certify that
they are following an approved housing plan developed under
section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112).
``(d) Consolidated Plan Exemption.--A collaborative applicant for a
continuum of care whose geographic area includes only reservation or
trust land is not required to meet the requirement described in section
402(f)(2).
``(e) Waiver Authority for Tribal Participation.--In administering
the amounts made available under this subtitle, the Secretary may
waive, or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection with
the obligation by the Secretary or the use by the recipient of these
amounts (except for requirements related to labor standards and the
environment), if the Secretary finds that--
``(1) good cause exists for the waiver or alternative
requirement; and
``(2) such waiver or alternative requirement--
``(A) is necessary to modify any requirements
preventing the participation of Indian tribes or
tribally designated housing entities in the program
under this subtitle; or
``(B) would expedite or facilitate the use of
funds.
``(f) Environmental Review.--Projects under this title shall be
treated as assistance for special projects that are subject to section
305(c) of the Multifamily Housing Property Disposition Reform Act of
1994 (42 U.S.C. 3547), and subject to the regulations issued by the
Secretary to implement such section, and with respect to projects under
this title, an Indian tribe shall be considered a State for purposes of
section 305(c) of such Act.''.
SEC. 28. APPLICATION OF BUILD AMERICA, BUY AMERICA REQUIREMENTS.
The requirements under the Build America, Buy America Act (41
U.S.C. 8301 note) and any implementing regulations or guidance do not
apply to any programs, projects, or activities assisted in whole or in
part with Federal financial assistance provided by the Secretary to
Indian tribes, tribally designated housing entities, tribal
organizations, or the Department of Hawaiian Home Lands under any
program administered by the Secretary.
SEC. 29. FORMULA NEGOTIATED RULEMAKING.
(a) In General.--Notwithstanding any other provision of law, the
negotiated rulemaking that is initiated by the Secretary pursuant to
subsection (b)(2)(C) of section 106 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4116)
immediately following the date of enactment of this Act shall not
include any changes to the regulations governing the allocation formula
under section 302 of such Act (25 U.S.C. 4152).
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed as limiting the authority of the Secretary to revise such
regulations governing the allocation formula under such section 302
other than as described in subsection (a).
SEC. 30. PILOT PROGRAM FOR HOUSING ASSISTANCE FOR HOMELESS NATIVE
AMERICANS AND ALASKA NATIVES.
(a) Definitions.--In this section:
(1) Eligible american indian and alaska native.--The term
``eligible American Indian and Alaska Native'' means a member
of an Indian Tribe who is homeless or at risk of homelessness,
as defined in sections 103 and 401 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302, 11360).
(2) Eligible recipient.--The term ``eligible recipient''
means an Indian tribe, or a tribally designated housing entity
or tribal organization designated by such Indian tribe to apply
for a grant on its behalf under this section.
(3) Program.--The term ``Program'' means the program
established under subsection (b).
(b) Establishment.--The Secretary may use not more than 5 percent
of the amounts made available for grants under title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.) each
fiscal year to carry out a housing and supportive services program, to
be known as the ``Tribal Homeless Assistance program'', by awarding
grants to eligible recipients for the benefit of eligible American
Indians and Alaska Natives.
(c) Model; Consultation.--The Secretary, in coordination with the
Director of the Indian Health Service, shall--
(1) model the Program on the rental assistance and
supported housing program authorized under section 8(o)(19) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19))
and applicable appropriations Acts for Native American veterans
that are homeless or at risk of homelessness living on or near
a reservation or other Indian areas; and
(2) consult with eligible recipients to ensure effective
delivery of grants under the Program.
(d) Application.--Each eligible recipient applying for a grant
under the Program shall submit to the Secretary an application that
describes how the partnership of the eligible recipient with an Indian
tribe, tribal organization, nonprofit organization, or the Indian
Health Service will provide 2 years of mandatory case management
services to a beneficiary of housing assistance provided under the
Program, including in partnership with other qualified organizations,
when appropriate.
(e) Priority.--An eligible recipient that receives a grant under
the Program shall prioritize providing assistance to homeless youth,
families with children, and survivors of domestic violence.
(f) Funding Criteria.--Grants awarded under the Program shall be
based on need, administrative capacity, and other criteria established
by the Secretary in consultation with the Indian Health Service and
eligible recipients.
(g) Administration and Waiver Authority.--The Program shall be
administered in accordance with the requirements under the Native
American Housing and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.), provided that the Secretary shall be authorized to waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the use of
funds made available under the Program (except for requirements related
to fair housing, nondiscrimination, and labor standards), upon a
finding by the Secretary that any such waiver or alternative
requirement is necessary for the effective delivery and administration
of such assistance.
(h) Renewal Grants.--The Secretary may set aside amounts made
available under subsection (b) for renewal grants under the Program and
define renewal criteria, including data reporting.
(i) Study on Barriers to Implementation.--Not later than 2 years
after the date of enactment of this Act, and every 5 years thereafter,
the Secretary, in coordination with the Director of the Indian Health
Service, shall review and submit to Congress a report on the
implementation of the Program, including any barriers to
implementation.
SEC. 31. PILOT PROGRAM FOR HOUSING ASSISTANCE FOR HOMELESS NATIVE
HAWAIIANS.
(a) Definitions.--In this section:
(1) Eligible native hawaiian.--The term ``eligible Native
Hawaiian'' means a Native Hawaiian who is homeless or at risk
of homelessness, as defined in sections 103 and 401 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302,
11360).
(2) Eligible recipient.--The term ``eligible recipient''
means the Department of Hawaiian Home Lands, a Native Hawaiian
Organization, or a Native Hawaiian community-based
organization.
(3) Program.--The term ``Program'' means the program
established under subsection (b).
(b) Establishment.--The Secretary may use up to 1 percent of the
amounts made available for grants under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.) each fiscal year to
carry out a housing and supportive services program, to be known as the
``Native Hawaiian Homeless Assistance program'', by awarding grants to
eligible recipients for the benefit of eligible Native Hawaiians in the
State of Hawaii.
(c) Model; Consultation.--The Secretary, in coordination with the
Director of the Office of Native Hawaiian Relations in the Department
of the Interior, shall--
(1) model the Program on the rental assistance and
supported housing program authorized under section 8(o)(19) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19))
and applicable appropriations Acts for Native American veterans
that are homeless or at risk of homelessness living on or near
a reservation or other Indian areas; and
(2) consult with eligible recipients to ensure effective
delivery of grants under the Program.
(d) Application.--Each eligible recipient applying for a grant
under the Program shall submit to the Secretary an application that
describes how the partnership of the eligible recipient with a Native
Hawaiian Organization or a nonprofit organization will provide 2 years
of mandatory case management services to a beneficiary of housing
assistance provided under the Program, including in partnership with
other qualified organizations, when appropriate.
(e) Priority.--An eligible recipient that receives a grant under
the Program shall prioritize providing assistance to homeless youth,
families with children, and survivors of domestic violence.
(f) Funding Criteria.--Grants awarded under the Program shall be
based on need, administrative capacity, and other criteria established
by the Secretary in consultation with the Office of Native Hawaiian
Relations in the Department of the Interior and eligible recipients.
(g) Administration and Waiver Authority.--The Program shall be
administered in accordance with the requirements under the Native
American Housing and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.), provided that the Secretary shall be authorized to waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the use of
funds made available under the Program (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective delivery and
administration of such assistance; and provided that the Secretary may
by regulation provide for the release of funds for specific projects to
eligible recipients under this section if the Department of Hawaiian
Home Lands assumes all of the responsibilities for environmental
review, decisionmaking, and action pursuant to section 806(a)(1)(B) of
the Native American Housing and Self-Determination Act of 1996.
(h) Renewal Grants.--The Secretary may set aside amounts made
available under subsection (b) for renewal grants under the Program and
define renewal criteria, including data reporting.
(i) Study on Barriers to Implementation.--Not later than 2 years
after the date of enactment of this Act, and every 5 years thereafter,
the Secretary, in coordination with the Director of the Office of
Native Hawaiian Relations in the Department of the Interior, shall
review and submit to Congress a report on the implementation of the
Program, including any barriers to implementation.
SEC. 32. TRIBAL AND RURAL CONTINUUM OF CARE BUILDS PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
Indian tribe, a tribally designated housing entity, a Tribal
organization, the Department of Hawaiian Home Lands, a Native
Hawaiian organization, and a Native Hawaiian community-based
organization.
(2) Formula area.--The term ``formula area'' has the
meaning given the term in section 1000.302 of title 24, Code of
Federal Regulations, or any successor regulation.
(3) Tribal project.--The term ``Tribal project'' means a
project in which amounts provided under this section shall be
used specifically to benefit Tribal communities or Tribal
members.
(b) Authorization.--The Secretary is authorized to establish and
carry out a program, to be known as the ``Tribal and Rural Continuum of
Care Builds Program,'' to provide competitive grants under the subtitle
C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) for the construction, acquisition, or rehabilitation of
permanent supportive housing for individuals and families experiencing
homelessness or overcrowded living conditions.
(c) Eligible Activities.--Of amounts made available to a recipient
of a grant under this section--
(1) the eligible entity may use grant funds for capital
costs, including new construction, acquisition, and
rehabilitation of housing units, and any other eligible
activities specified by the Secretary;
(2) not more than 20 percent of total grant funds may be
used for eligible supportive services, operating costs, rental
assistance, or other eligible activities as described in
section 423 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11383); and
(3) not more than 10 percent of total grant funds may be
used for administrative costs.
(d) Tribal Priority.--Not less than 75 percent of amounts made
available under this section shall be reserved for projects that
benefit Indian tribes, Tribal organizations, the Department of Hawaiian
Home Lands, Native Hawaiian organizations, Native Hawaiian community-
based organizations, nonprofit organizations serving Indian tribes or
Native Hawaiians, or projects that take place in Indian areas.
(e) Set-Aside for Small States.--Not less than 25 percent of
amounts made available under this section shall be reserved for
eligible entities located in States with populations of less than
2,500,000, except that if the Secretary receives insufficient
applications from such areas, remaining amounts may be reallocated to
other eligible entities of grants under this section.
(f) Coordination Requirements.--Eligible recipients seeking a grant
under this section shall demonstrate coordination with Tribes, Tribal
organizations, tribally designated housing entities, the Department of
Hawaiian Home Lands, Native Hawaiian organizations, Native Hawaiian
community-based organizations, healthcare providers, social service
agencies, or housing partners.
(g) Program Requirements.--Except as modified under this section,
grants under this section shall be administered in accordance with the
requirements of part 578 of title 24, Code of Federal Regulations, or
any successor regulation, provided that--
(1) for purposes of environmental review, projects under
this section shall be treated as assistance for special
projects that are subject to section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994 (42 U.S.C.
3547); and
(2) subject to the regulations issued by the Secretary to
implement such section, and with respect to projects under this
section, an Indian tribe or the Department of Hawaiian Home
Lands shall be considered a State for purposes of such section
305(c).
(h) Civil Rights Exemptions.--With respect to grants awarded to
carry out eligible activities under this section, title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to
applications or awards for--
(1) projects to be carried out--
(A) on or off reservation or trust lands for awards
made to Indian tribes or tribally designated housing
entities; or
(B) on reservation or trust lands for awards made
to eligible entities; or
(2) Tribal projects located in Indian Housing Block Grant
formula areas.
(i) Certification.--Notwithstanding section 106 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and
subsection (g) of this section with respect to applications for
projects to be carried out on reservations or trust land using grants
awarded under this section--
(1) the applications shall contain a certification that the
applicant consulted with the recipient(s) required to submit an
Indian housing plan developed under section 102 of the Native
American Housing Assistance and Self-Determination Act (25
U.S.C. 4112); and
(2) Indian tribes and tribally designated housing entities
that are recipients of awards for projects on reservations or
trust land from such funds shall certify that they have
consulted with the recipients required to submit an Indian
housing plan developed under section 102 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4112).
(j) Consolidated Plan Exemption.--A collaborative applicant for a
Continuum of Care whose geographic area includes reservation or trust
land is not required to meet the requirement described in section
402(f)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360a(f)(2)) in order to be eligible for assistance under the
Continuum of Care program under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.).
(k) Waiver Authority for Tribal Participation.--In administering
the amounts made available under this section, the Secretary may waive,
or specify alternative requirements for, any provision of any statute
or regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these
amounts (except for requirements related to labor standards and the
environment), if the Secretary finds that--
(1) good cause exists for the waiver or alternative
requirement; and
(2) such waiver or alternative requirement is necessary to
modify any requirements preventing the participation of
eligible entities in the Continuum of Care Program under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.) or would expedite or
facilitate the use of funds.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $25,000,000 for fiscal year 2027; and
(2) such sums as may be necessary for each fiscal year
thereafter.
SEC. 33. HUD TRIBAL INTERGOVERNMENTAL ADVISORY COMMITTEE.
(a) Definitions.--In this section:
(1) Committee.--The term ``Committee'' means the Tribal
Intergovernmental Advisory Committee described in subsection
(b).
(2) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(b) Establishment.--The Secretary shall maintain the Tribal
Intergovernmental Advisory Committee to facilitate a formal government-
to-government advisory body composed of leaders of Federally recognized
tribes (or their designated employees with authority to act on their
behalf) to provide policy recommendations on programs and activities of
the Department that affect Indian and Alaska Native communities.
(c) Membership.--The Committee shall--
(1) be composed of--
(A) not more than 16 Tribal delegates, of whom, to
the extent practicable--
(i) 2 members each should be from each of
the regions of the Office of Native American
Programs of the Department; and
(ii) not more than 3 members should be at-
large members; and
(B) representatives of the Department, including
the Secretary or a designee thereof and relevant
Assistant Secretaries; and
(2) include 2 Tribal co-chairs selected by and from among
the delegates described in paragraph (1)(A).
(d) Duties.--The Committee shall--
(1) advise the Department on housing priorities for
American Indian, Alaska Native, and Native Hawaiian
communities;
(2) recommend policy, funding, and administrative
improvements for programs of the Department impacting Indian
tribes;
(3) enhance intergovernmental communication and
coordination on initiatives of the Department;
(4) support region- and national-level Tribal consultation
processes; and
(5) ensure timely Tribally informed feedback in policy
development.
(e) Operations.--The Committee shall--
(1) develop and follow internal bylaws or protocols;
(2) hold not less than 2 meetings per year, in-person or
virtually;
(3) reimburse travel and participation costs; and
(4) notwithstanding subsection (c)(1)(A)(iii), be exempt
from chapter 10 of title 5, United States Code, pursuant to
section 204(b) of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1534(b)).
(f) Terms; Alternates.--
(1) Terms.--Members described in subsection (c)(1)(A) shall
serve staggered 2-year terms, with initial staggering as
determined by the Secretary.
(2) Alternates.--Alternates may be designated by Indian
tribes to serve on the Committee in the absence of the primary
delegate.
(g) Support.--The Secretary shall provide staff support, logistics,
meeting facilities, and administrative resources for the Committee,
subject to the availability of appropriated funds.
SEC. 34. HOUSING SUPPLY CHAIN CHALLENGES.
The Secretary shall direct the Tribal Intergovernmental Advisory
Committee of the Department of Housing and Urban Development to, not
later than 1 year after the date of enactment of this Act, submit to
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives,
and make publicly available, a report on--
(1) housing supply chain challenges in Tribal communities;
(2) work with the Department of Hawaiian Home Lands on a
report on housing challenges impacting Native Hawaiian
communities; and
(3) recommended actions for Congress and the Department of
Housing and Urban Development.
SEC. 35. REPORT ON HOUSING IN ALASKA.
The Secretary shall direct the Tribal Intergovernmental Advisory
Committee of the Department of Housing and Urban Development to, not
later than 180 days after the date of enactment of this Act--
(1) extract and compile all background, issues,
recommendations, and other information relevant for the State
of Alaska and the State of Hawaii from reports of the Advisory
Committee; and
(2) submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives, and make publicly available, a
report entitled ``The Alaska Housing Task Force Report'', and
``The Native Hawaiian Housing Task Force Report'' which shall
contain the information described in paragraph (1).
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