Introduced in Senate — S. 4276

119th CONGRESS

2d Session

S. 4276

IN THE SENATE OF THE UNITED STATES

March 26, 2026

Ms. Murkowski (for herself, Mr. Schatz, Mr. Daines, Mr. Luján, 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.

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. 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:

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)

(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:

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

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

(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)

(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).