Native American Housing Assistance and Self-Determination Modernization Act of 2026

Summary — Native American Housing Assistance and Self-Determination Modernization Act of 2026 (H.R. 8092, 118th/119th Congress)

Purpose and overall aim
- Reauthorizes and Modernizes the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), updating several provisions to improve housing access, streamline processes, and expand programs for Native American and Native Hawaiian communities.
- Sets a broader, long-range authorization window (FY 2026–2032) for housing program funding and initiatives.

Key provisions and changes

1) Environmental review consolidation
- Section 2 consolidates environmental review requirements across NAHASDA and related housing programs.
- Adds tribally designated housing entity (TDHE) officials as eligible participants in environmental reviews.
- Establishes a 60-day deadline for the Secretary to act on waiver requests.
- Creates a framework where Tribes/TDHEs may assume environmental responsibilities when multiple Federal funds are involved (with a 49% Federal funding cap for non-NAHASDA sources).
- Introduces explicit environmental streamlining rules, including exemptions for certain affordable or rehabilitation activities and lead/radon testing considerations, and wetlands/near-tank siting provisions.

2) Appropriations and program scope
- Section 3 extends the authorization period for NAHASDA funding to 2026–2032, replacing the prior 2009–2013 window.
- Section 4 expands NAHASDA’s scope to include student housing assistance (integrating college housing considerations).

3) Rent rules, costs, and ownership/lease options
- Section 5 clarifies that rent controls apply to units owned or operated by a recipient, with a new option for tribes/TDHEs to set their own public, written rent policies under self-determination.
- Section 7 adds a specific hook for homebuyer/lease-to-own arrangements, allowing current low-income rental families to purchase units under defined conditions and limiting long-term binding commitments for improvements to privately owned homes (10% of total development cost cap).

4) Project cost oversight and timelines
- Section 6 creates a 60-day decision window for requests to exceed the total development cost (TDC) by more than 10%, with deemed-approval if the Secretary fails to respond within 60 days.
- Total Development Cost definition (Section 6, amended §4) ties to average national construction costs and excludes off-site water/sewer.

5) Housing finance and guarantees
- Section 16–17 modernize and expand the 184 Indian loan guarantee program and related Native Hawaiian housing loan guarantees.
- Enables direct lender endorsements, indemnification provisions, lender reviews, and potential delegation of endorsement authority to eligible lenders, with safeguards against fraud or misrepresentation.
- Authorizes additional appropriations through 2032 as needed to support guaranteed loans and extends program eligibility to more lenders (including Community Development Financial Institutions).

6) Native Hawaiians and homelessness/veterans
- Section 12 reauthorizes housing assistance for Native Hawaiians through 2032 (instead of the prior shorter window).
- Section 18 adds rental assistance for homeless or at-risk Indian veterans via a Tribal HUD–VASH-like program, modeled on the VA approach and with tribal consultation requirements.

7) Counseling, reporting, and administrative provisions
- Section 14 creates a housing counseling certification waiver for tribes, TDHEs, and the Department of Hawaiian Home Lands, while preserving the option to obtain certification.
- Section 20 streamlines reporting through consolidated annual performance reporting for multiple grants.
- Section 10 updates congressional reporting to multiple committees and requires public availability of reports.

8) Continuum of care and civil rights
- Section 19 updates Continuum of Care provisions to incorporate tribal entities and preserve civil rights considerations with targeted exemptions in certain formula areas.

9) Miscellaneous
- Section 11 increases the leasehold interest on trust or restricted lands for housing from 50 to 99 years.
- Section 21 clarifies Build America, Buy America requirements for these activities.

Affected parties
- Native American Tribes, tribally designated housing entities (TDHEs), tribal organizations, and the Department of Hawaiian Home Lands.
- Beneficiaries include Native American and Native Hawaiian households seeking housing assistance, homeownership opportunities, student housing, and veterans’ housing support.
- Lenders participating in NAHASDA-related loan guarantees.

Effective timeline
- Immediate introduction March 26, 2026; referred to House Committee on Financial Services.
- Provisions establish 2026–2032 funding horizon and program implementations over multiple years, with interim rulemaking and consultation requirements.

Notes
- The bill is written to expand autonomy for Tribes/TDHEs while maintaining federal oversight in key risk areas, emphasizing streamlined environmental reviews, direct loan endorsements, and targeted housing support for veterans and Native Hawaiians.