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H.R.5528
Omnibus Indian Advancement Act (Received in Senate from
House)
`SEC. 805. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
`(1) AUTHORITY TO RETAIN- The Department of Hawaiian Home Lands may
retain any program income that is realized from any grant amounts received
by the Department under this title if--
`(A) that income was realized after the initial disbursement of the
grant amounts received by the Department; and
`(B) the Director agrees to use the program income for affordable
housing activities in accordance with the provisions of this
title.
`(2) PROHIBITION OF REDUCTION OF GRANT- The Secretary may not reduce the
grant amount for the Department of Hawaiian Home Lands based solely
on--
`(A) whether the Department retains program income under paragraph
(1); or
`(B) the amount of any such program income retained.
`(3) EXCLUSION OF AMOUNTS- The Secretary may, by regulation, exclude
from consideration as program income any amounts determined to be so small
that compliance with the requirements of this subsection would create an
unreasonable administrative burden on the Department.
`(1) IN GENERAL- Any contract or agreement for assistance, sale, or
lease pursuant to this title shall contain--
`(A) a provision requiring that an amount not less than the wages
prevailing in the locality, as determined or adopted (subsequent to a
determination under applicable State or local law) by the Secretary, shall
be paid to all architects, technical engineers, draftsmen, technicians
employed in the development and all maintenance, and laborers and
mechanics employed in the operation, of the affordable housing project
involved; and
`(B) a provision that an amount not less than the wages prevailing in
the locality, as predetermined by the Secretary of Labor pursuant to the
Act commonly known as the `Davis -Bacon Act' (46 Stat. 1494, chapter
411; 40 U.S.C. 276a et seq.) shall be paid to all laborers and mechanics
employed in the development of the affordable housing involved.
`(2) EXCEPTIONS- Paragraph (1) and provisions relating to wages required
under paragraph (1) in any contract or agreement for assistance, sale, or
lease under this title, shall not apply to any individual who performs the
services for which the individual volunteered and who is not otherwise
employed at any time in the construction work and received no compensation
or is paid expenses, reasonable benefits, or a nominal fee for those
services.
`SEC. 806. ENVIRONMENTAL REVIEW.
`(A) IN GENERAL- The Secretary may carry out the alternative
environmental protection procedures described in subparagraph (B) in order
to ensure--
`(i) that the policies of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law that further
the purposes of such Act (as specified in regulations issued by the
Secretary) are most effectively implemented in connection with the
expenditure of grant amounts provided under this title; and
`(ii) to the public undiminished protection of the
environment.
`(B) ALTERNATIVE ENVIRONMENTAL PROTECTION PROCEDURE- In lieu of
applying environmental protection procedures otherwise applicable, the
Secretary may by regulation provide for the release of funds for specific
projects to the Department of Hawaiian Home Lands if the Director assumes
all of the responsibilities for environmental review, decisionmaking, and
action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and such other provisions of law as the regulations of the
Secretary specify, that would apply to the Secretary were the Secretary to
undertake those projects as Federal projects.
`(A) IN GENERAL- The Secretary shall issue regulations to carry out
this section only after consultation with the Council on Environmental
Quality.
`(B) CONTENTS- The regulations issued under this paragraph
shall--
`(i) provide for the monitoring of the environmental reviews
performed under this section;
`(ii) in the discretion of the Secretary, facilitate training for
the performance of such reviews; and
`(iii) provide for the suspension or termination of the assumption
of responsibilities under this section.
`(3) EFFECT ON ASSUMED RESPONSIBILITY- The duty of the Secretary under
paragraph (2)(B) shall not be construed to limit or reduce any
responsibility assumed by the Department of Hawaiian Home Lands for grant
amounts with respect to any specific release of funds.
`(1) IN GENERAL- The Secretary shall authorize the release of funds
subject to the procedures under this section only if, not less than 15 days
before that approval and before any commitment of funds to such projects,
the Director of the Department of Hawaiian Home Lands submits to the
Secretary a request for such release accompanied by a certification that
meets the requirements of subsection (c).
`(2) EFFECT OF APPROVAL- The approval of the Secretary of a
certification described in paragraph (1) shall be deemed to satisfy the
responsibilities of the Secretary under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and such other provisions of law as the
regulations of the Secretary specify to the extent that those
responsibilities relate to the releases of funds for projects that are
covered by that certification.
`(c) CERTIFICATION- A certification under the procedures under this
section shall--
`(1) be in a form acceptable to the Secretary;
`(2) be executed by the Director;
`(3) specify that the Department of Hawaiian Home Lands has fully
carried out its responsibilities as described under subsection (a);
and
`(4) specify that the Director--
`(A) consents to assume the status of a responsible Federal official
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and each provision of law specified in regulations issued by the
Secretary to the extent that those laws apply by reason of subsection (a);
and
`(B) is authorized and consents on behalf of the Department of
Hawaiian Home Lands and the Director to accept the jurisdiction of the
Federal courts for the purpose of enforcement of the responsibilities of
the Director.
`SEC. 807. REGULATIONS.
`The Secretary shall issue final regulations necessary to carry out this
title not later than October 1, 2000.
`SEC. 808. EFFECTIVE DATE.
`Except as otherwise expressly provided in this title, this title shall
take effect on the date of enactment of the Native American Housing Assistance
and Self-Determination Amendments of 2000.
`SEC. 809. AFFORDABLE HOUSING ACTIVITIES.
`(a) NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES-
`(1) PRIMARY OBJECTIVE- The national objectives of this title
are--
`(A) to assist and promote affordable housing activities to develop,
maintain, and operate affordable housing in safe and healthy environments
for occupancy by low-income Native Hawaiian families;
`(B) to ensure better access to private mortgage markets and to
promote self-sufficiency of low-income Native Hawaiian families;
`(C) to coordinate activities to provide housing for low-income Native
Hawaiian families with Federal, State and local activities to further
economic and community development;
`(D) to plan for and integrate infrastructure resources on the
Hawaiian Home Lands with housing development; and
`(i) promote the development of private capital markets;
and
`(ii) allow the markets referred to in clause (i) to operate and
grow, thereby benefiting Native Hawaiian communities.
`(A) IN GENERAL- Except as provided under subparagraph (B), assistance
for eligible housing activities under this title shall be limited to
low-income Native Hawaiian families.
`(B) EXCEPTION TO LOW-INCOME REQUIREMENT-
`(i) IN GENERAL- The Director may provide assistance for
homeownership activities under--
`(II) model activities under section 810(f); or
`(III) loan guarantee activities under section 184A of the Housing
and Community Development Act of 1992 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) LIMITATIONS- The Secretary shall establish limitations on the
amount of assistance that may be provided under this title for
activities for families that are not low-income families.
`(C) OTHER FAMILIES- Notwithstanding paragraph (1), the Director may
provide housing or housing assistance provided through affordable housing
activities assisted with grant amounts under this title to a family that
is not composed of Native Hawaiians if--
`(i) the Department determines that the presence of the family in
the housing involved is essential to the well-being of Native Hawaiian
families; and
`(ii) the need for housing for the family cannot be reasonably met
without the assistance.
`(i) IN GENERAL- A housing plan submitted under section 803 may
authorize a preference, for housing or housing assistance provided
through affordable housing activities assisted with grant amounts
provided under this title to be provided, to the extent practicable, to
families that are eligible to reside on the Hawaiian Home
Lands.
`(ii) APPLICATION- In any case in which a housing plan provides for
preference described in clause (i), the Director shall ensure that
housing activities that are assisted with grant amounts under this title
are subject to that preference.
`(E) USE OF NONPROFIT ORGANIZATIONS- As a condition of receiving grant
amounts under this title, the Department of Hawaiian Home Lands, shall to
the extent practicable, provide for private nonprofit organizations
experienced in the planning and development of affordable housing for
Native Hawaiians to carry out affordable housing activities with those
grant amounts.
`SEC. 810. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
`(a) IN GENERAL- Affordable housing activities under this section are
activities conducted in accordance with the requirements of section 811
to--
`(1) develop or to support affordable housing for rental or
homeownership; or
`(2) provide housing services with respect to affordable housing,
through the activities described in subsection (b).
`(b) ACTIVITIES- The activities described in this subsection are the
following:
`(1) DEVELOPMENT- The acquisition, new construction, reconstruction, or
moderate or substantial rehabilitation of affordable housing, which may
include--
`(A) real property acquisition;
`(C) the development of utilities and utility services;
`(G) administration and planning; and
`(H) other related activities.
`(2) HOUSING SERVICES- The provision of housing-related services for
affordable housing, including--
`(A) housing counseling in connection with rental or homeownership
assistance;
`(B) the establishment and support of resident organizations and
resident management corporations;
`(D) activities related to the provisions of self-sufficiency and
other services; and
`(E) other services related to assisting owners, tenants, contractors,
and other entities participating or seeking to participate in other
housing activities assisted pursuant to this section.
`(3) HOUSING MANAGEMENT SERVICES- The provision of management services
for affordable housing, including--
`(A) the preparation of work specifications;
`(E) management of tenant-based rental assistance; and
`(F) management of affordable housing projects.
`(4) CRIME PREVENTION AND SAFETY ACTIVITIES- The provision of safety,
security, and law enforcement measures and activities appropriate to protect
residents of affordable housing from crime.
`(5) MODEL ACTIVITIES- Housing activities under model programs that
are--
`(A) designed to carry out the purposes of this title; and
`(B) specifically approved by the Secretary as appropriate for the
purpose referred to in subparagraph (A).
`SEC. 811. PROGRAM REQUIREMENTS.
`(1) ESTABLISHMENT- Subject to paragraph (2), as a condition to
receiving grant amounts under this title, the Director shall develop written
policies governing rents and homebuyer payments charged for dwelling units
assisted under this title, including methods by which such rents and
homebuyer payments are determined.
`(2) MAXIMUM RENT- In the case of any low-income family residing in a
dwelling unit assisted with grant amounts under this title, the monthly rent
or homebuyer payment (as applicable) for that dwelling unit may not exceed
30 percent of the monthly adjusted income of that family.
`(b) MAINTENANCE AND EFFICIENT OPERATION-
`(1) IN GENERAL- The Director shall, using amounts of any grants
received under this title, reserve and use for operating under section 810
such amounts as may be necessary to provide for the continued maintenance
and efficient operation of such housing.
`(2) DISPOSAL OF CERTAIN HOUSING- This subsection may not be construed
to prevent the Director, or any entity funded by the Department, from
demolishing or disposing of housing, pursuant to regulations established by
the Secretary.
`(c) INSURANCE COVERAGE- As a condition to receiving grant amounts under
this title, the Director shall require adequate insurance coverage for housing
units that are owned or operated or assisted with grant amounts provided under
this title.
`(d) ELIGIBILITY FOR ADMISSION- As a condition to receiving grant amounts
under this title, the Director shall develop written policies governing the
eligibility, admission, and occupancy of families for housing assisted with
grant amounts provided under this title.
`(e) MANAGEMENT AND MAINTENANCE- As a condition to receiving grant amounts
under this title, the Director shall develop policies governing the management
and maintenance of housing assisted with grant amounts under this title.
`SEC. 812. TYPES OF INVESTMENTS.
`(a) IN GENERAL- Subject to section 811 and an applicable housing plan
approved under section 803, the Director shall have--
`(1) the discretion to use grant amounts for affordable housing
activities through the use of--
`(B) interest-bearing loans or advances;
`(C) noninterest-bearing loans or advances;
`(E) the leveraging of private investments; or
`(F) any other form of assistance that the Secretary determines to be
consistent with the purposes of this title; and
`(2) the right to establish the terms of assistance provided with funds
referred to in paragraph (1).
`(b) INVESTMENTS- The Director may invest grant amounts for the purposes
of carrying out affordable housing activities in investment securities and
other obligations, as approved by the Secretary.
`SEC. 813. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
`(a) IN GENERAL- Housing shall qualify for affordable housing for purposes
of this title only if--
`(1) each dwelling unit in the housing--
`(A) in the case of rental housing, is made available for occupancy
only by a family that is a low-income family at the time of the initial
occupancy of that family of that unit; and
`(B) in the case of housing for homeownership, is made available for
purchase only by a family that is a low-income family at the time of
purchase; and
`(2) each dwelling unit in the housing will remain affordable, according
to binding commitments satisfactory to the Secretary, for--
`(A) the remaining useful life of the property (as determined by the
Secretary) without regard to the term of the mortgage or to transfer of
ownership; or
`(B) such other period as the Secretary determines is the longest
feasible period of time consistent with sound economics and the purposes
of this title, except upon a foreclosure by a lender (or upon other
transfer in lieu of foreclosure) if that action--
`(i) recognizes any contractual or legal rights of any public
agency, nonprofit sponsor, or other person or entity to take an action
that would--
`(I) avoid termination of low-income affordability, in the case of
foreclosure; or
`(II) transfer ownership in lieu of foreclosure;
and
`(ii) is not for the purpose of avoiding low-income affordability
restrictions, as determined by the Secretary.
`(b) EXCEPTION- Notwithstanding subsection (a), housing assisted pursuant
to section 809(a)(2)(B) shall be considered affordable housing for purposes of
this title.
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