12 2 STA T .43 24 PUBLIC LA W 11 0– 411 —O CT. 14 , 200 8SEC.105 . R E GULATION S. Section106(b) ( 2 )o f t h e Na ti v e Am e r ican H o us in g Assistance an d Se l f -D etermination Act of 1 9 96 (2 5U. S. C . 4 116(b)(2)) is amended — (1) in sub p aragraph ( B )(i) , b y stri k ing ‘ ‘ T he Secretary ’ ’ and inserting ‘‘Not later than 1 8 0 days after the date of enactment of the Native American Housing Assistance and Self-Deter- mination R eauthori z ation Act of 2008 and any other Act to reauthorize this Act, the Secretary’’
and (2) by adding at the end the follo w ing
‘‘(C) S UBSEQ UE NT NE GO T IA TE DR U L E M A K ING.—The Sec- retary shall— ‘‘(i) initiate a negotiated rulemaking in accordance with this section by not later than 90 days after the date of enactment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this Act; and ‘‘(ii) promulgate regulations pursuant to this sec- tion by not later than 2 years after the date of enact- ment of the Native American Housing Assistance and Self-Determination Reauthorization Act of 2008 and any other Act to reauthorize this Act. ‘‘(D) RE V IE W .—Not less fre q uently than once every 7 years, the Secretary, in consultation with I ndian tribes, shall review the regulations promulgated pursuant to this section in effect on the date on which the review is con- ducted.’’. TI T LE II —AF F ORD A B LE H O US I NG A C TI V ITIES SEC. 2 01. NATIONAL O BJ ECTI V ES AN D ELIGIBLE F A M ILIES. Section 201(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 41 3 1(b)) is amended— (1) in paragraph (1), by inserting ‘‘and e x cept with respect to loan guarantees under the demonstration program under title V I,’’ after ‘‘paragraphs (2) and (4),’’; (2) in paragraph (2)— (A) by striking the first sentence and inserting the following: ‘‘(A) EXC E P TION TO REQUIREMENT.—Notwithstanding paragraph (1), a recipient may provide housing or housing assistance through affordable housing activities for which a grant is provided under this Act to any family that is not a low-income family, to the extent that the Secretary approves the activities due to a need for housing for those families that cannot reasonably be met without that assist- ance.’’; and (B) in the second sentence, by striking ‘‘The Secretary’’ and inserting the following: ‘‘(B) L IMITS.—The Secretary’’; (3) in paragraph (3)— (A) in the paragraph heading, by striking ‘‘NON-INDIAN’’ and inserting ‘‘ESSENTIAL’’; and Deadlin e s.
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