Sec. 502. Housing Trust Fund
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Section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) is amended— in subsection (a)(1)— in the first sentence, by inserting or pursuant to section 501 of the after Partnership to Strengthen Homeownership Act of 2015 section 1337 ; and in the second sentence, by inserting federally recognized tribes and after grants to ; by striking subsection
(b)and inserting the following: [Reserved.] ; in subsection (c)— in paragraph (1), by striking Except as provided in subsection (b), the and inserting The ; in paragraph (2)— by striking (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1997 ( ; and 25 U.S.C. 4103 )) by adding at the end the following: An Indian tribe receiving grant amounts under this subsection may designate a federally recognized tribe or a tribally designated housing entity to receive such grant amounts. Nothing in this subsection shall limit or be construed to limit the ability of an Indian tribe or a tribally designated housing entity from being a permissible designated recipient of grant amounts provided by a State under this section. ; in paragraph (3)— in the heading, by inserting before Indian tribes and ; States in subparagraph (A), by striking The Secretary shall and insert the following: The Secretary, acting through the Office of Native American Programs, shall distribute via competitive grants the amounts determined under subclause
(II)and made available under this subsection to federally recognized tribes and tribally designated housing entities. The total amount required to be distributed under this subclause for a fiscal year shall be the greater of $20,000,000, or 2 percent of the total amount of amounts allocated for the Housing Trust Fund under this section. Competitive grant amounts received by a federally recognized tribe or a tribally designated housing entity under this clause may be used, or committed to use, only for those activities that are identified as eligible affordable housing activities under section 202 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4132 ). In evaluating any application for the receipt of competitive grant amounts authorized under this clause, the Secretary, acting through the Office of Native American Programs, shall consider with respect to the federally recognized tribe applicant or tribally designated housing entity applicant and to Indian reservations and other Indian areas associated with the federally recognized tribe applicant or served by the tribally designated housing entity applicant evaluation criteria, including the following: Level of poverty on the Indian reservation or in the Indian area. Level of unemployment on the Indian reservation or in the Indian area. Condition of housing stock on the Indian reservation or in the Indian area. Level of overcrowded housing on the Indian reservation or in the Indian area, as measured by the number of households in which the number of persons per room is greater than one. Presence and prevalence of black mold on the Indian reservation or in the Indian area. Demonstrated experience, capacity, and ability of the applicant to manage affordable housing programs, including multifamily rental housing programs, homeownership programs, and programs to assist purchasers with down payments, closing costs, or interest rate buy-downs. Demonstrated ability of the applicant to meet the requirements under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ), including the timely and efficient expenditure of funds. Such other criteria as may be specified by the Secretary in order to evaluate the overall quality of the proposed project, the feasibility of the proposed project, and whether the proposed project will address the housing needs on the Indian reservation or in the Indian area. In evaluating any application for the receipt of competitive grant amounts authorized under this clause, the Secretary, acting through the Office of Native American Programs, shall permit a federally recognized tribe applicant or a tribally designated housing entity applicant to supplement or replace, in whole or in part, any data compiled and produced by the Bureau of the Census and upon which the Secretary, acting through the Office of Native American Program, relies, provided such tribally-collected data meets the Department of Housing and Urban Development's standards for accuracy. Notwithstanding any other provision of law, competitive grant amounts received under this clause shall not be considered Federal funds for purposes of matching other Federal sources of funds. The requirements under clause (ii), subparagraphs
(B)and
(C)of this paragraph, and paragraphs
(4)through
(8)and paragraph (10)(A) of this subsection shall not apply to any amounts distributed under this clause to a federally recognized tribe or a tribally designated housing entity. From any amounts remaining in the Housing Trust Fund after the distribution of the amounts required under clause (i), the Secretary shall ; in subparagraph (B), by striking subparagraph
(A)and inserting subparagraph (A)(ii) ; and in subparagraph (C), by striking subparagraph
(A)and inserting subparagraph (A)(ii) ; in paragraph (4)— in subparagraph (B), by striking other than fiscal year 2009 ; and by striking subparagraph (C), and inserting the following: Except as provided in clause (ii), if the formula amount determined under paragraph
(3)for a fiscal year would allocate less than $10,000,000 to any of the 50 States of the United States or the District of Columbia, the allocation for such State of the United States or the District of Columbia shall be the greater of $10,000,000, or 1 percent of the total amount of amounts allocated for the Housing Trust Fund under this section and the increase in any such allocation shall be deducted pro rata from the allocations made to all other of the States (as such term is defined in section 1303). If the allocation to the Housing Trust Fund under section 501(a)(2)(A) of the Partnership to Strengthen Homeownership Act of 2015 for a fiscal year is less than $1,000,000,000, the minimum allocation to any of the 50 States of the United States or the District of Columbia shall be the greater of $5,000,000 or 1 percent of the total amount of amounts allocated for the Housing Trust Fund under this section and the increase in any such allocation shall be deducted pro rata from the allocations made to all other of the States (as such term is defined in section 1303). ; in paragraph (7)(B)(iv), by striking section 132 and inserting section 1132 ; and by adding at the end the following: Nothing in this subsection shall be construed to limit the ability of a federally recognized tribe or a tribally designated housing entity from receiving grant amounts provided by a State under this section. ; and in subsection (f), by adding at the end the following: The terms federally recognized tribe , Indian area , Indian tribe , and tribally designated housing entity have the same meaning as in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). The term Indian reservation means land subject to the jurisdiction of an Indian tribe. .
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