S. 5354 — Native American Housing Assistance and Self-Determination Modernization Act of 2026

This section provides the short title “Native American Housing Assistance and Self-Determination Modernization Act of 2026” and the table of contents for the Act.

This section defines terms used throughout the Act, including the Department of Hawaiian Home Lands, domestic violence, federally recognized tribe, Indian area, Indian tribe, tribally designated housing entity, Hawaiian Home Lands, homeless youth, Native Hawaiian, Native Hawaiian organization, Native Hawaiian community-based organization, Secretary of Housing and Urban Development, and tribal organization, by reference to existing statutes.

This section authorizes Indian tribes and the Director of the Department of Hawaiian Home Lands to consolidate environmental reviews for housing projects funded under the Native American Housing Assistance and Self-Determination Act or title I of the Housing and Community Development Act of 1974 when additional federal funds do not exceed 49 percent of the federal share, discharging other agencies from separate reviews unless the project changes materially. It exempts from review affordable housing activities up to $250,000, property acquisitions with nonfederal funds, and specified rehabilitations, and bars the Secretary from requiring radon testing. It requires the Secretary to decide waiver requests within 60 days and allows tribally designated housing entity officials to submit certifications.

This section extends the authorization of appropriations for grants under the Native American Housing Assistance and Self-Determination Act of 1996 to fiscal years 2027 through 2033 (from fiscal years 2009 through 2013).

This section expands eligibility under the Native American Housing Assistance and Self-Determination Act to permit housing assistance for essential families on Indian reservations when their presence benefits Indian families and their housing needs cannot otherwise be met. It also authorizes homeownership assistance for Indian families with incomes up to 120 percent of area median income, subject to a 20 percent cap on annual grant amounts, and makes parallel changes for Native Hawaiian families and loan guarantee activities.

This section expands the housing services eligible for funding under the Native American Housing Assistance and Self-Determination Act of 1996 to include college housing assistance as part of activities supporting self-sufficiency for residents of affordable housing.

This section limits the 30 percent monthly rent or homebuyer payment cap for low-income families to dwelling units owned or operated by a recipient and assisted under the Native American Housing Assistance and Self-Determination Act. It also authorizes each recipient to set its own written and publicly available policies governing maximum and minimum rents and homebuyer payments for assisted units, including amounts exceeding 30 percent of monthly adjusted income.

This section authorizes recipients under the Native American Housing Assistance and Self-Determination Act of 1996 to adopt their own written and publicly available policies and procedures for procuring goods and services with Act funds, and requires them to follow those policies. Recipients that do not adopt their own policies remain subject to the procurement standards in 2 CFR 200.317.

This section limits the total development cost of affordable housing developed, acquired, or assisted under the Native American Housing Block Grant program to no more than 20 percent above the total development cost maximum without prior approval of the Secretary.

This section permits the conversion of rental housing to homebuyer or lease-purchase units under the Native American Housing Assistance and Self-Determination Act only for current low-income families that initially occupied the units. It also exempts improvements to privately owned homes costing no more than 10 percent of the maximum total development cost from requirements for binding commitments on the property's remaining useful life.

This section applies the lease termination notice period required under State, tribal, or local law to projects and programs funded in part by amounts authorized under the Native American Housing Assistance and Self-Determination Act of 1996.

This section exempts Indian tribes, tribal organizations, tribally designated housing entities, and the Department of Hawaiian Home Lands from HUD housing counseling certification requirements when providing homeownership or rental housing counseling under section 105(a)(20) of the Housing and Community Development Act of 1974 or sections 202(3) or 810(b)(2)(A) of the Native American Housing Assistance and Self-Determination Act of 1996. It preserves their option to obtain certification voluntarily.

This section authorizes the Secretary of Housing and Urban Development to immediately limit grant payments under the Native American Housing Assistance and Self-Determination Act to unaffected programs when a recipient’s substantial noncompliance causes unauthorized expenditure of federal funds. The Secretary must notify the recipient at the time of the action; the recipient may request a hearing within 30 days, which must follow expedited procedures under 24 CFR part 26 and conclude within 180 days or the limitation automatically ends.

This section directs the Secretary to develop policies and procedures authorizing Indian tribes and tribally designated housing entities, at their discretion, to submit one consolidated annual performance report covering all grants received under the Native American Housing Assistance and Self-Determination Act and other grant programs administered by the Secretary.

This section extends the deadline for annual reports under sections 407 and 823 of the Native American Housing Assistance and Self-Determination Act of 1996 to 180 days (from 90 days), directs the reports to the Senate Committee on Indian Affairs, Senate Committee on Banking, Housing and Urban Affairs, and House Committee on Financial Services (from Congress), and requires the reports to be made publicly available, including to recipients.

This section extends the maximum term of leases of trust or restricted Indian lands for housing development and residential purposes to 99 years (from 50 years).

This section requires the Secretary of Housing and Urban Development to coordinate with the Secretary of Defense and Indian tribes receiving funds under the Native American Housing Assistance and Self-Determination Act of 1996 to maximize the benefits of the Department of Defense’s Innovative Readiness Training Program for civil engineering and construction projects that support tribal affordable housing plans. Coordination must include a joint memorandum of understanding, synchronized project planning, and guidance on best practices for leveraging Program resources.

This section authorizes the Director of the Department of Hawaiian Home Lands to make subawards to nonprofit subrecipients for affordable housing activities under the Native Hawaiian Housing Block Grant program, upon a determination that the subrecipients have adequate capacity. The authority applies notwithstanding any other provision of law, including state requirements for competitive procurement.

This section reauthorizes appropriations for Native Hawaiian housing assistance grants administered by the Department of Housing and Urban Development for each of fiscal years 2027 through 2033 (from fiscal years 2001 through 2005).

This section authorizes Indian tribes (or their designated tribal organizations or tribally designated housing entities) receiving Community Development Block Grants to directly carry out activities under the Act, including new construction of affordable housing. It eliminates any percentage limits on the share of the grant that may be used for these activities.

This section expands eligibility for housing counseling grants to Indian tribes and tribally designated housing entities. It defines those terms by reference to section 4 of the Native American Housing Assistance and Self-Determination Act of 1996.

This section expands the Indian Home Loan Guarantee program to cover tribally designated housing entities and loans on fee simple land in addition to trust land, and authorizes the Secretary to guarantee up to 100 percent of unpaid principal and interest on eligible 1- to 4-family dwellings. It adds community development financial institutions and other federally supervised lenders as eligible participants, authorizes a direct guarantee endorsement process with lender indemnification requirements, permits loan terms of up to 40 years upon modification, requires periodic lender reviews based on default and claim rates, and authorizes appropriations of such sums as may be necessary for program costs in each of fiscal years 2027 through 2033.

This section expands the Native Hawaiian Housing Loan Guarantee program to cover homeownership on fee simple lands for families eligible for homesteads under the Hawaiian Homes Commission Act. It broadens eligible housing to 1- to 4-family standard dwellings, adds federal-supervised lenders including community development financial institutions as approved lenders, authorizes direct guarantee endorsement by lenders with indemnification for losses, permits 40-year loan terms upon modification, requires periodic lender reviews with authority to terminate approvals for high-risk lenders, and authorizes appropriations for program costs through FY2033.

This section establishes the Tribal HUD–VASH program and requires the Secretary to use at least 5 percent of amounts made available for rental assistance under section 8(o)(19) to award grants to eligible recipients under the Native American Housing Assistance and Self-Determination Act of 1996. The grants provide rental assistance and supported housing to Indian veterans who are homeless or at risk of homelessness and living on or near a reservation or in an Indian area. The program is modeled on the existing HUD–VASH program, with modifications permitted after tribal consultation, waivers allowed except for labor and environmental standards, renewal grants authorized, and periodic implementation reports required to specified congressional committees.

This section adds the definition of tribally designated housing entity to section 401 of the McKinney-Vento Homeless Assistance Act by reference to section 4 of the Native American Housing Assistance and Self-Determination Act of 1996. It expands eligibility for grants under section 423(g) to Indian tribes and tribally designated housing entities. It also exempts specified tribal projects from title VI of the Civil Rights Act of 1964 and title VIII of the Civil Rights Act of 1968, substitutes certification under an approved Indian housing plan for other consistency certifications, exempts certain collaborative applicants whose geographic area consists only of reservation or trust land from consolidated plan requirements, authorizes the Secretary to waive or modify statutory and regulatory requirements to facilitate tribal participation, and applies special environmental review procedures to tribal projects.

This section establishes the Tribal Homeless Housing Assistance Grant Program to provide rental assistance and supportive services to American Indians and Alaska Natives who are homeless or at risk of homelessness. It authorizes the use of up to 5 percent of annual title IV McKinney-Vento Homeless Assistance Act funds, requires 2 years of mandatory case management, defers to tribal determinations on culturally appropriate services, and prioritizes homeless youth, families with children, and domestic violence survivors.

This section establishes the Native Hawaiian Homeless Housing Assistance Grant Program to provide rental assistance and supportive housing services for Native Hawaiians who are homeless or at risk of homelessness. The program is funded at up to 0.2 percent of annual amounts made available under title IV of the McKinney-Vento Homeless Assistance Act, requires two years of mandatory case management, prioritizes homeless youth, families with children, and domestic violence survivors, and allows eligible recipients to determine culturally appropriate supportive services with deference from the Secretary.

This section establishes the Tribal Continuum of Care Participation Grant Program to provide competitive grants to Indian tribes and tribally designated housing entities for participating in Continuum of Care programs under the McKinney-Vento Homeless Assistance Act, either as collaborative applicants or project applicants. It sets aside $25,000,000 each fiscal year from amounts appropriated for McKinney-Vento competitive grants, available only when total appropriations exceed the fiscal year 2026 level and without reducing funding below that amount. Eligible entities may use up to 10 percent of grants for administrative costs, and the Secretary may waive certain statutory requirements to facilitate tribal participation.