US Codex
Bill
Notes

Title IV — Other housing assistance for Native Americans

S. 1352 · 113th Congress · Jul 24, 2013 · Lineage

IV Other housing assistance for Native Americans

Sec. 401 Demonstration of 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 by adding at the end the following:

“(D) Indian veterans housing rental assistance demonstration program

“(i) Definitions—In this subparagraph:

“(I) Indian—The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

“(II) Indian lands—The term Indian lands has the meaning given the term in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302).

“(III) 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. 450b).

“(ii) Authorization of program—The Secretary may use not more than 5 percent of the amounts made available for rental assistance under this subsection to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs, for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian lands.

“(iii) Model—The program described in clause (ii) shall be modeled on the rental assistance and supportive housing program authorized under this section and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs, except that the Secretary may make necessary and appropriate modifications to facilitate the use of the program by Indian grant recipients to serve eligible Indian veterans.

“(iv) Eligible recipients—Rental assistance under clause (ii) shall be made available to recipients eligible to receive grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).

“(v) Funding criteria—Rental assistance under clause (ii) shall be awarded 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—Rental assistance made available under clause (ii) 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 grantees shall—

“(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the use of rental assistance provided under the demonstration program; and

“(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the demonstration program in serving eligible veterans.

“(vii) Consultation—The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with recipients of grants under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) and any other appropriate tribal organization on the design of the demonstration program to ensure the effective delivery of rental assistance and supportive services to persons eligible to receive assistance under this subparagraph.

“(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 this subparagraph if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance made available under this subparagraph to Indian veterans.

“(II) Exception—The Secretary shall not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.”

Sec. 402 50-year leasehold interest in trust or restricted lands for housing purposes

Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended by inserting “(in effect before, on, or after the date of enactment of this section)” after “law”.

Sec. 403 Training and technical assistance

Section 703 (25 U.S.C. 4212) is amended by striking “of fiscal years 2009 through 2013” and inserting “fiscal year for which funds are appropriated under section 108.”.

Sec. 404 Preferences for projects in Indian areas

(a)
In general— Section 42(m)(1) of the Internal Revenue Code of 1986 is amended—
(1)
in subparagraph (B)(ii)—
(A)
in subclause (II), by striking “and”; and
(B)
by adding at the end the following:

“(IV) projects which are located in an Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(11))) and for which the entity applying to receive credit is—

“(aa) an Indian tribe or a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103),

“(bb) wholly owned or controlled by an Indian tribe or tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)), or

“(cc) a subrecipient of funding under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) with regard to the project for which credits would be awarded, and”

(2)
in subparagraph (C)—
(A)
in clause (vi), by inserting “and Indian” after “public”;
(B)
by redesignating clauses (ix) and (x) as clauses (x) and (xi), respectively; and
(C)
by inserting after clause (viii) the following:

“(ix) projects described in subparagraph (B)(ii)(IV),”

(3)
by adding at the end the following:

“(E) Preference for projects in Indian areas—In addition to the preference provided to projects described in subparagraph (B)(ii)(IV), for purposes of evaluating such projects pursuant to a competitive application process for allocation of housing credit dollar amounts, a housing credit agency—

“(i) for purposes of any numerical evaluation process employed by the agency, shall increase the cumulative points or score for such project by not less than 10 percent of the total points or credits available to any project, and

“(ii) shall not consider the lack of proximity of such project to population centers, public transportation systems, or publicly available amenities.”

(b)
Effective date— The amendments made by this section shall apply to housing credit dollar amounts allocated by a housing credit agency after December 31, 2013.