(a) Short title.—This Act may be cited as the “Native American Housing Assistance and Self-Determination Reauthorization Act of 2021”.

(b) Table of contents.—The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Office of Native American Programs.

(c) References.—Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.).

(a) Establishment.—Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended—

(1) in subsection (a)(1), by striking “7 Assistant Secretaries” and inserting “8 Assistant Secretaries”; and

(2) by adding at the end the following new subsection:

“(i) Office of Native American Programs.—

“(1) ESTABLISHMENT.—There is established, in the Department, the Office of Native American Programs.

“(2) HEAD.—The head of the Office of Native American Programs shall be one of the Assistant Secretaries appointed pursuant to subsection (a)(1).”.

(b) Pay rate.—Section 5315 of title 5, United States Code is amended, in the item relating to Assistant Secretaries of Housing and Urban Development, by striking “(8)” and inserting “(9)”.

Section 101 (25 U.S.C. 4111) is amended—

(1) in subsection (c), by adding after the period at the end the following: “The Secretary shall act upon a waiver request submitted under this subsection by a recipient within 60 days after receipt of such request.”; and

(2) in subsection (k), by striking “1” and inserting “an”.

Not later than the expiration of the 120-day period beginning on the date of the enactment of this Act and after consultation with Indian tribes, tribally designated housing entities, and other interested parties, the Secretary of Housing and Urban Development shall submit to the Congress recommendations for standards and procedures for waiver of, or alternative requirements (which may include multi-year housing plans) for, the requirement under section 102(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4112(a)) for annual submission of one-year housing plans for an Indian tribe. Such recommendations shall include a description of any legislative and regulatory changes necessary to implement such recommendations.

Section 105 (25 U.S.C. 4115) is amended—

(1) in subsection (d)—

(A) in the matter preceding paragraph (1), by striking “may” and inserting “shall”; and

(B) by adding after and below paragraph (4) the following:

“The Secretary shall act upon a waiver request submitted under this subsection by a recipient within 60 days after receipt of such request.”; and

(2) by adding at the end the following new subsection:

“(e) Consolidation of environmental review requirements.—If a recipient is using one or more sources of Federal funds in addition to grant amounts under this Act in carrying out a project that qualifies as an affordable housing activity under section 202, such other sources of Federal funds do not exceed 49 percent of the total cost of the project, and the recipient’s tribe has assumed all of the responsibilities for environmental review, decision making, and action pursuant to this section, the tribe’s compliance with the review requirements under this section and the National Environmental Policy Act of 1969 with regard to such project shall be deemed to fully comply with and discharge any applicable environmental review requirements that might apply to Federal agencies with respect to the use of such additional Federal funding sources for that project.”.

(a) Approval.—Section 103 (25 U.S.C. 4113) is amended by adding at the end the following new subsection:

“(f) Deadline for action on request To exceed TDC maximum.—A request for approval by the Secretary of Housing and Urban Development to exceed by more than 10 percent the total development cost maximum cost for a project shall be approved or denied during the 60-day period that begins on the date that the Secretary receives the request.”.

(b) Definition.—Section 4 (25 U.S.C. 4103) is amended—

(1) by redesignating paragraph (22) as paragraph (23); and

(2) by inserting after paragraph (21) the following new paragraph:

“(22) TOTAL DEVELOPMENT COST.—The term ‘total development cost’ means, with respect to a housing project, the sum of all costs for the project, including all undertakings necessary for administration, planning, site acquisition, demolition, construction or equipment and financing (including payment of carrying charges), and for otherwise carrying out the development of the project, excluding off-site water and sewer. The total development cost amounts shall be based on a moderately designed house and determined by averaging the current construction costs as listed in not less than two nationally recognized residential construction cost indices.”.

The second paragraph (6) of section 201(b) (25 U.S.C. 4131(b)(6); relating to exemption) is amended—

(1) by striking “1964 and” and inserting “1964,”; and

(2) by inserting after “1968” the following: “, and section 3 of the Housing and Urban Development Act of 1968”.

Section 205 (25 U.S.C. 4135) is amended—

(1) in subsection (a)(1)—

(A) in subparagraph (C), by striking “and” at the end; and

(B) by adding at the end the following new subparagraph:

“(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

(2) in subsection (c), by adding after the period at the end the following: “The provisions of such paragraph regarding binding commitments for the remaining useful life of the property shall not apply to improvements of privately owned homes if the cost of such improvements do not exceed 10 percent of the maximum total development cost for such home.”.

Section 207 (25 U.S.C. 4137) is amended by adding at the end the following new subsection:

“(c) Notice of termination.—Notwithstanding any other provision of law, the owner or manager of rental housing that is assisted in part with amounts provided under this Act and in part with one or more other sources of Federal funds shall only utilize leases that require a notice period for the termination of the lease pursuant to subsection (a)(3).”.

(a) In General.—Subtitle A of title II (25 U.S.C. 4131 et seq.) is amended by adding at the end the following new section:

(b) Clerical Amendment.—The table of contents in section 1(b) is amended by inserting after the item relating to section 210 the following new item:

“Sec. 211. IHS sanitation facilities construction.”.

Section 103 (25 U.S.C. 4113) is amended by adding at the end the following new subsection:

“(g) Exception to maximum total development cost for energy efficient housing.—The Secretary shall approve a request to exceed the total development cost maximum cost for a project to the extent that such exception is necessary to provide energy efficiency upgrades for the project and the cost of such upgrades does not exceed the average cost of such upgrades in the area in which the project is located.”.

Section 108 (25 U.S.C. 4117) is amended to read as follows:

(a) In General.—Title III (25 U.S.C. 4151 et seq.) is amended by adding at the end the following new section:

(b) Clerical Amendment.—The table of contents in section 1(b) is amended by inserting after the item relating to section 302 the following new item:

“Sec. 303. Effect of undisbursed grant amounts on annual allocations.”.

Section 405(c) (25 U.S.C. 4165(c)) is amended, by adding at the end the following new paragraph:

“(3) ISSUANCE OF FINAL REPORT.—The Secretary shall issue a final report within 60 days after receiving comments under paragraph (1) from a recipient.”.

Section 407 (25 U.S.C. 4167) is amended—

(1) in subsection (a), by striking “Congress” and inserting “Committee on Financial Services and the Committee on Natural Resources of the House of Representatives, to the Committee on Indian Affairs and the Committee on Banking, Housing, and Urban Affairs of the Senate, and to any subcommittees of such committees having jurisdiction with respect to Native American and Alaska Native affairs,”; and

(2) by adding at the end the following new subsection:

“(c) Public availability to recipients.—Each report submitted pursuant to subsection (a) shall be made publicly available to recipients.”.

Paragraph (19) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following new subparagraph:

“(E) 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 such 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 such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(ii) PROGRAM SPECIFICATIONS.—The Secretary shall use not 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) EXCEPTIONS.—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.—

“(I) IN GENERAL.—Not later than 1 year after the date of enactment of the Tribal HUD–VASH Act of 2021, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall—

“(aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and

“(bb) submit a report describing the results of the review under item (aa) 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, Insular and Alaska Native 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.

“(II) ANALYSIS OF HOUSING STOCK LIMITATION.—The Secretary shall include in the initial report submitted under subclause (I) a description of—

“(aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program;

“(bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and

“(cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program.”.

(a) Authorization of appropriations.—Section 184(i) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)) is amended—

(1) in paragraph (5)—

(A) in subparagraph (C), by striking “2008 through 2012” and inserting “2022 through 2026”; and

(2) by striking paragraph (7) and inserting the following new paragraph:

“(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Guarantee Fund to carry out this section—

“(A) $12,200,000 for fiscal year 2022;

“(B) $12,800,000 for fiscal year 2023;

“(C) $13,400,000 for fiscal year 2024;

“(D) $14,000,000 for fiscal year 2025; and

“(E) $14,700,000 for fiscal year 2026.”.

(b) Foreclosure proceedings.—

(1) JURISDICTION.—Paragraph (1) of section 184(h) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(h)(1)) is amended—

(A) in subparagraph(A)(i), by inserting “, including in a tribal court having jurisdiction,” after “notice of such action to the Secretary)”; and

(B) in subparagraph (B), by inserting before the period at the end the following: “, which may include initiating foreclosure proceedings in the tribal court having jurisdiction, but if the tribal court does not hold proceedings on a foreclosure complaint within the period provided under applicable law or within 90 days of service of the foreclosure complaint (whichever is longer), the Secretary may voluntarily dismiss the tribal court action and proceed to file in another court of competent jurisdiction”.

(2) CONTRACT ATTORNEYS.—Clause (i) of section 184(h)(1)(A) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(h)(1)), as amended by subsection (b) of this section, is further amended by adding at the end the following: “The Attorney General may contract for and use the services of private attorneys in handling such foreclosure proceedings if the Attorney General determines use of such attorneys will facilitate competent and cost-effective representation.”.

Section 509 of the Housing Act of 1949 (42 U.S.C. 1479) is amended by adding at the end the following new subsection:

“(g) Set-Aside for Indian tribes.—For each fiscal year, the Secretary shall set aside and reserve for assistance for Indian tribes (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) an amount equal to 5.0 percent in each fiscal year of the aggregate amount of lending authority, budget authority, or guarantee authority, as appropriate, made available for such fiscal year for assistance under each of sections 502, 504, 515, 533, and 538 and of the aggregate amount made available to the Rural Utilities Service to carry out programs or activities. The procedure under this section for reserving amounts shall also provide that any assistance set aside in any fiscal year for Indian tribes that has not been expended by a reasonable date established by the Secretary shall be made available and allocated under the laws and regulations relating to such assistance, notwithstanding this subsection.”.

Paragraph (4) of section 106(a) 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. For purposes of this paragraph, the terms ‘Indian tribe’ and ‘tribally designated housing entity’ shall have the same meanings given such terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)”; and

(2) in subparagraph (B), by inserting “, Indian tribes, and tribally designated housing entities” after “organizations)”.

Title VII (25 U.S.C. 4211 et seq.) is amended by adding at the end the following new section:

Section 501 of the American Homeownership and Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) is amended—

(1) in subsection (a), by striking “Subject to sums being provided in advance in appropriations Acts, there” and inserting “There”; and

(2) in subsection (b)(1) by striking “this Act” and inserting “the Native American Housing Assistance and Self-Determination Reauthorization Act of 2021”.

Section 702 (25 U.S.C. 4211) is amended—

(1) in subsection (c)(1), by inserting “, whether enacted before, on, or after the date of the enactment of this section” after “law”; and

(2) by striking “50 years” each place such term appears and inserting “99 years”.

Paragraph (3) of section 3(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(a)(3)) is amended by inserting before the semicolon at the end the following: “or for any Indian tribe that has in effect a plan for mitigating damage resulting from flooding that has been approved by the tribal government for the tribe”.

The Secretary of Housing and Urban Development shall withhold all or partial funds to a tribe or tribal entity under this Act if, after consultation with the Secretary of the Interior and the tribe, the Secretary determines prior to disbursement that the tribe is not in compliance with obligations under its 1866 treaty with the United States as it relates to the inclusion of persons who are lineal descendants of Freedmen as having the rights of the citizens of such tribes, unless a federal court has issued a final order that determines the treaty obligations with respect to including Freedmen as citizens. For purposes of this subparagraph, a court order is not considered final if time remains for an appeal or application for discretionary review with respect to the order.

The table of contents in section 1(b) is amended by striking the item relating to section 206 (treatment of funds).

Section 824 (25 U.S.C. 4243) is amended to read as follows:

Section 184A(j) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b(j)) is amended—

(1) in paragraph (5)(C), by striking “for each of fiscal years” and all that follows through the period at the end and inserting “for each of fiscal years 2022 through 2026 with an aggregate outstanding principal amount not exceeding such amount as may be provided in appropriation Acts for such fiscal year.”; and

(2) by striking paragraph (7) and inserting the following new paragraph:

“(7) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Guarantee Fund to carry out this section—

“(A) $386,000 for fiscal year 2022;

“(B) $405,000 for fiscal year 2023;

“(C) $424,000 for fiscal year 2024;

“(D) $444,000 for fiscal year 2025; and

“(E) $466,000 for fiscal year 2026.”.