Native American Housing Assistance and Self-Determination Act of 1996

TABLE OF CONTENTS:

Title I: Block Grants and Grant Requirements

Title II: Affordable Housing Activities

Title III: Allocation of Grant Amounts

Title IV: Compliance, Audits, and Reports

Title V: Termination of Assistance for Indian Tribes Under

Incorporated Programs

Title VI: Federal Guarantees for Financing for Tribal

Housing Activities

Title VII: Other Housing Assistance for Native Americans

Native American Housing Assistance and Self-Determination Act of 1996 - Title I: Block Grants and Grant Requirements - Authorizes the Secretary of the Department of Housing and Urban Development (HUD), for each fiscal year, to make grants to a recipient on behalf of Indian tribes to carry out affordable housing activities. Prohibits the making of any grant on behalf of an Indian tribe unless the governing body of the locality within which any affordable housing to be assisted with grant amounts will be situated has entered into an agreement with the tribe recipient providing for local cooperation as required pursuant to this Act.

Allows a grant recipient for an Indian tribe to receive a block grant only if the affordable housing assisted with grant amounts under this Act is exempt from all real and personal property taxes levied or imposed by any State, tribal, local, or other political subdivision, and the recipient makes annual user fee payments to compensate such governments for the costs of providing governmental services or payments in lieu of taxes to such taxing authority. Sets forth a rule concerning the effect of the failure of a grant recipient to exempt affordable housing from taxation.

Limits grant amounts to be used only for affordable housing activities consistent with an approved Indian housing plan.

(Sec. 102) Requires that an Indian tribe submit to the Secretary for each fiscal year an Indian housing plan for the tribe containing a mission statement, goals and objectives, and an overview of the activities planned.

Allows a tribally designated housing entity to prepare and submit an Indian housing plan on behalf of an Indian tribe, but only if such plan contains a specified certification by the recognized tribal government of the grant beneficiary that such tribe has had an opportunity to review the plan or has authorized the submission of the plan by the housing authority.

Authorizes the Secretary to establish separate requirements for plans for small Indian tribes and small tribally designated housing entities.

(Sec. 104) Permits a recipient to retain program income under certain conditions.

(Sec. 105) Allows the Secretary to release amounts for particular projects to tribes assuming all of the responsibility for environmental review pursuant to certain Federal laws.

(Sec. 106) States that all regulations shall be issued according to a negotiated rulemaking procedure. Directs that the Secretary shall establish a negotiated rulemaking committee for the development of proposed regulations. Conditions that the Secretary shall adapt the negotiated rulemaking procedures under Federal law to the unique government-to-government relationship between the tribes and the United States, and ensure that the committee membership include only representatives of the Federal Government and of geographically diverse small, medium, and large Indian tribes. Prohibits the Secretary from precluding the participation of tribally designated housing entities should tribes elect to be represented by such entities.

(Sec. 108) Authorizes appropriations of such sums as may be necessary for grants for FY 1998 through 2001.

Title II: Affordable Housing Activities - Sets forth the national objectives concerning affordable housing activities for Indian tribes. Limits assistance to low-income Indian families on Indian reservations and other Indian areas, with the exception of assistance for home ownership or loan guarantee activities. Directs that the Secretary shall establish limits on the amount of assistance for non-low-income families. Permits a recipient to provide housing or housing assistance provided through affordable housing activities for non-Indian families on Indian reservations or other Indian areas under certain conditions.

Allows, through the Indian housing plan for an Indian tribe, preference to be given to Indian families who are members of such tribe or to other Indian families for housing or housing assistance provided through affordable housing activities.

(Sec. 202) Defines eligible affordable housing activities, including crime prevention and safety activities.

(Sec. 204) Permits the recipient for an Indian tribe to use grant amounts for affordable housing activities through certain investments, including leveraging of private investments.

(Sec. 205) Sets forth a low-income requirement and provides for income targeting for affordable housing, except upon a foreclosure or other transfer (in lieu of foreclosure).

(Sec. 208) Requires that the National Crime Information Center, police departments, and other law enforcement agencies shall provide information upon request to Indian tribes or tribally designated housing entities regarding the criminal conviction records of adult applicants or tenants for the purposes of applicant screening, lease enforcement, and eviction.

Title III: Allocation of Grant Amounts - Authorizes the Secretary to establish: (1) by regulation, not later than the expiration of the 12-month period beginning on the date of enactment, a grant allocation formula to be based on factors that reflect the need of the Indian tribes and the Indian areas of the tribes for assistance for affordable housing. Sets forth requirements for full and partial funding in any fiscal year for the operation and modernization of public housing.

Title IV: Compliance, Audits, and Reports - Sets forth provisions concerning remedies for noncompliance, including referral for civil action in lieu of, or in addition to, any action authorized by the Secretary.

(Sec. 403) Directs that each recipient through binding contractual agreements with owners and otherwise, shall: (1) ensure long-term compliance, including through on-site inspection of housing; and (2) submit a report to the Secretary describing the conclusions of each review.

(Sec. 405) Authorizes the Secretary to make, not less than annually, necessary or appropriate reviews and audits of recipients of assistance under this Act. Conditions that such reviews include, insofar as practicable, on-site visits by HUD employees. .

(Sec. 406) Provides for GAO audits of financial transactions of grant amounts.

(Sec. 407) Mandates a certain report to the Congress by the Secretary.

Title V: Termination of Assistance for Indian Tribes Under Incorporated Programs - Repeals title II (Assisted Housing for Indians and Alaska Natives) of the United States Housing Act of 1937. Repeals provisions within titles I (General Program of Assisted Housing) and III (Hope for Public and Indian Housing Homeownership) of the United States Housing Act of 1937 relating to Indian housing assistance. Repeals the Indian Public Housing Early Childhood Development Demonstration Program.

(Sec. 502) Terminates housing and rental assistance for Indian tribes, after FY 1997, under the U.S. Housing Act of 1937.

(Sec. 504) Terminates housing assistance in FY 1998 for Indian tribes under the: (1) Youthbuild program; (2) HOME program; (3) emergency shelter grants program; (4) rural homelessness grant program; and (5) Innovative Homeless Initiatives Demonstration Program.

Title VI: Federal Guarantees for Financing for Tribal Housing Activities - Authorizes the Secretary to make loan guarantees for the purposes of financing affordable housing activities and conditions that a guarantee may be used in obtaining financing only if the Indian tribe or housing entity has made efforts to obtain such financing elsewhere. Authorizes the Secretary to make grants to an Indian tribe to cover up to 30 percent of the net interest costs.

(Sec. 606) Limits the aggregate principal amount the Secretary may guarantee for FY 1997 through 2001. Authorizes appropriations of such sums as may be necessary for FY 1997 through 2001.

Title VII: Other Housing Assistance for Native Americans - Amends the Housing and Community Development Act of 1992 to add Indian tribes to the current definition of eligible borrowers. Specifies that the authority to provide loan guarantees for Indian housing to those who could not otherwise acquire financing because of the unique legal status of Indian lands (currently, trust lands) shall include the authority to provide such guarantees because of the lack of access to private financial markets.

Sets forth a requirement that the loan guarantees for eligible housing shall be used for housing under the jurisdiction of an Indian tribe for which an Indian housing plan has been submitted and approved.

Revises the requirement respecting the option of a lender to obtain payment under a guarantee upon default without seeking foreclosure (or in any case in which a foreclosure proceeding initiated continues for more than one year).

Modifies provisions respecting limitations on liquidation to change current reference to tribal allotted or trust land to restricted Indian land, and to permit the mortgagee or the Secretary (currently, only the Secretary) to pursue such liquidation. Extends, for FY 1997 through 2001, the Secretary's authority to guarantee loans for Indian housing of up to an aggregate limit. Authorizes appropriations of such sums as may be necessary for the Guarantee Fund for FY 1997 through 2001.

Revises the following definitions: (1) Indian area; (2) Indian housing authority; and (3) tribe or Indian tribe.

Revises principal obligation loan guarantee limit provisions for Indian housing to prohibit a principal obligation from exceeding 97.75 percent of the appraised value of the property as of the date the loan is accepted for guarantee, or 98.75 percent, if the value of the property is $50,000 or less.

Provides that the authority of the Secretary to enter into commitments to guarantee loans for Indian housing shall be effective for any fiscal year in amounts provided in appropriations Acts without regard to the fiscal year for which such amounts were appropriated. (Currently, shall be effective in amounts provided in appropriations Acts for such fiscal year.)

Amends the Federal National Mortgage Association Charter Act to include loans guaranteed under section 184 of the Housing and Community Development Act of 1992 under the authority of the Government National Mortgage Association.

(Sec. 702) Allows Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, to lease for a 50-year term any restricted Indian lands for residential housing purposes.

(Sec. 703) Authorizes appropriations for a national organization representing Native American housing interests for training and technical assistance to Indian housing authorities of such sums as may be necessary for FY 1997 through 2001.

(Sec. 704) Amends the Public and Assisted Housing Drug Elimination Act of 1990 to replace the term "Indian Housing Authorities" with "tribally designated housing entity".