[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5354 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5354
To reauthorize the Native American Housing Assistance and Self-
Determination Act of 1996.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2026
Ms. Murkowski (for herself, Mr. Schatz, Mr. Daines, Mr. Lujan, 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Consolidation of environmental review requirements.
Sec. 4. Authorization of appropriations.
Sec. 5. Eligible families.
Sec. 6. Student housing assistance.
Sec. 7. Clarification of application of rent rule to units owned or
operated by Indian tribe or tribally
designated housing entity.
Sec. 8. Procurement policies.
Sec. 9. Total development cost maximum cost.
Sec. 10. Homeownership or lease-to-own low-income requirement and
income targeting.
Sec. 11. Lease requirements and tenant selection.
Sec. 12. Housing counseling certification exemption.
Sec. 13. Statutory authority to suspend grant funds in emergencies.
Sec. 14. Streamlining reporting requirements.
Sec. 15. Reports to Congress.
Sec. 16. 99-year leasehold interest in trust or restricted lands for
housing purposes.
Sec. 17. Innovative readiness training program coordination.
Sec. 18. Amendments for block grants for affordable housing activities.
Sec. 19. Reauthorization of housing assistance for Native Hawaiians.
Sec. 20. Community-based development organizations and special
activities by Indian tribes.
Sec. 21. Eligibility for housing counseling grants.
Sec. 22. Section 184 Indian Home Loan Guarantee program.
Sec. 23. Loan guarantees for Native Hawaiian housing.
Sec. 24. Rental assistance for homeless or at-risk Indian veterans.
Sec. 25. Continuum of care.
Sec. 26. Program for housing assistance for homeless American Indians
and Alaska Natives.
Sec. 27. Program for housing assistance for homeless Native Hawaiians.
Sec. 28. Tribal Continuum of Care Participation Grant Program.
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. 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, decision making, 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, decision
making, 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