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Code · BILL · 117th Congress · H.R. 5376 (Reported in House) — To provide for reconciliation pursuant to title II of S. Con. Res. 14. · Sec. 40011

Sec. 40011. Investments in Native American Communities

934 words·~4 min read·/bill/117/hr/5376/rh/section-40011·

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In addition to amounts otherwise available, there is appropriated to the Secretary of Housing and Urban Development (in this section referred to as the Secretary ) for fiscal year 2022, out of any money in the Treasury not otherwise appropriated— $784,375,000 for grants under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (in this section referred to as NAHASDA ) ( 25 U.S.C. 4101 et seq. ) , and the Secretary shall distribute such amount according to the same funding formula used in fiscal year 2021; $7,000,000 for grants under title VIII of NAHASDA ( 25 U.S.C. 4221 et seq. ); $784,375,000 for competitive grants to eligible recipients authorized under title I of NAHASDA ( 25 U.S.C. 4111 et seq. ), which may be used for— new construction and rehabilitation of affordable housing; improving water or energy efficiency or increasing resilience to natural hazards for housing assisted by amounts made available under this subsection; or ) other eligible affordable housing activities under NAHASDA; $334,250,000 for— competitive single-purpose Indian community development block grants for Indian tribes under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ); and imminent threat grants under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) for Indian tribes, or a tribal organization, governmental entity, or nonprofit organization designated by the Indian tribe to apply for a grant on its behalf, which may be used to— address environmental threats, including long-term environmental threats; assist Indian tribes with relocating a portion of or entire communities due to changes to the local environment; or assist Indian tribes with addressing other threats to health and safety; $50,000,000 for the costs to the Secretary of administering and overseeing the implementation of this section and Native American programs generally, including information technology, financial reporting, research and evaluations, other cross-program costs in support of programs administered by the Secretary in this Act, and other costs; and $40,000,000 to make new awards or increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance to grantees; and the Secretary may use not more than 10 percent of the amount under this paragraph to increase prior awards to existing technical assistance providers to provide an immediate increase in capacity building and technical assistance.
Amounts appropriated by this section shall remain available until September 30, 2031. Notwithstanding any other provision of this section, of NAHASDA ( 25 U.S.C. 4101 et seq. ), or of the provisions of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq) applicable to the Indian community development block grant program, an Indian tribe shall be ineligible to receive grants with amounts made available under this section if the Secretary determines that the Indian 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 subsection, a court order is not considered final if time remains for an appeal or application for discretionary review with respect to the order. Of any amounts made available in subsection (a)(4)(B), and in consultation with the Department of the Interior, the Secretary may award preliminary grants of up to $2,000,000 each to applicants that have applied for a grant under subsection (a)(4)(B) before making a final determination as to whether to award a grant under subsection (a)(4)(B) to such applicant.
Prior to awarding a preliminary grant under this subsection, the Secretary must determine, based on a preliminary assessment of need and administrative capacity, that the applicant is likely able to carry out the grant successfully but would need additional administrative and planning resources to develop a comprehensive implementation plan and additional administrative capacity in order to successfully administer a grant under subsection (a)(4)(B). Such preliminary grants shall be used for eligible program activities, as defined by the Secretary, that the Secretary determines will allow the applicant to successfully implement the grant.
Such preliminary grants are not subject to administrative and planning caps. The determination of whether to award a final grant under subsection (a)(4)(B) to an applicant after preliminary funding was granted to an applicant shall not be subject to review. Amounts made available under subsection (a)(1) that are not accepted within a time specified by the Secretary, are voluntarily returned, or are otherwise recaptured for any reason may be used to fund grants under paragraph
(3)or
(4)of subsection (a). The Secretary may waive or specify alternative requirements for any provision of NAHASDA ( 25 U.S.C. 4101 et seq. ), title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq), or regulation that the Secretary administers that is applicable to such statutes other than requirements related to fair housing, nondiscrimination, labor standards, and the environment, upon a finding that the waiver or alternative requirement is necessary to expedite or facilitate the use of amounts made available under this section. The Secretary shall have authority to issue such regulations or other notices, guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner.
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Sec. 40011
Investments in Native American Communities
U.S.C.§ 4101
U.S.C.§ 4221
U.S.C.§ 4111
U.S.C.§ 5301
Cites 4Cited by 0 across 0 sources
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