Tribal and rural continuum of care builds program

(a) Definitions In this section: (1) Eligible entity The term eligible entity means an Indian tribe, a tribally designated housing entity, a Tribal organization, the Department of Hawaiian Home Lands, a Native Hawaiian organization, and a Native Hawaiian community-based organization. (2) Formula area The term formula area has the meaning given the term in section 1000.302 of title 24, Code of Federal Regulations, or any successor regulation. (3) Tribal project The term Tribal project means a project in which amounts provided under this section shall be used specifically to benefit Tribal communities or Tribal members. (b) Authorization The Secretary is authorized to establish and carry out a program, to be known as the Tribal and Rural Continuum of Care Builds Program, to provide competitive grants under the subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) for the construction, acquisition, or rehabilitation of permanent supportive housing for individuals and families experiencing homelessness or overcrowded living conditions. (c) Eligible activities Of amounts made available to a recipient of a grant under this section— (1) the eligible entity may use grant funds for capital costs, including new construction, acquisition, and rehabilitation of housing units, and any other eligible activities specified by the Secretary; (2) not more than 20 percent of total grant funds may be used for eligible supportive services, operating costs, rental assistance, or other eligible activities as described in section 423 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383); and (3) not more than 10 percent of total grant funds may be used for administrative costs. (d) Tribal priority Not less than 75 percent of amounts made available under this section shall be reserved for projects that benefit Indian tribes, Tribal organizations, the Department of Hawaiian Home Lands, Native Hawaiian organizations, Native Hawaiian community-based organizations, nonprofit organizations serving Indian tribes or Native Hawaiians, or projects that take place in Indian areas. (e) Set-Aside for small States Not less than 25 percent of amounts made available under this section shall be reserved for eligible entities located in States with populations of less than 2,500,000, except that if the Secretary receives insufficient applications from such areas, remaining amounts may be reallocated to other eligible entities of grants under this section. (f) Coordination requirements Eligible recipients seeking a grant under this section shall demonstrate coordination with Tribes, Tribal organizations, tribally designated housing entities, the Department of Hawaiian Home Lands, Native Hawaiian organizations, Native Hawaiian community-based organizations, healthcare providers, social service agencies, or housing partners. (g) Program requirements Except as modified under this section, grants under this section shall be administered in accordance with the requirements of part 578 of title 24, Code of Federal Regulations, or any successor regulation, provided that— (1) for purposes of environmental review, projects under this section shall be treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547); and (2) subject to the regulations issued by the Secretary to implement such section, and with respect to projects under this section, an Indian tribe or the Department of Hawaiian Home Lands shall be considered a State for purposes of such section 305(c). (h) Civil rights exemptions With respect to grants awarded to carry out eligible activities under this section, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to applications or awards for— (1) projects to be carried out— (A) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or (B) on reservation or trust lands for awards made to eligible entities; or (2) Tribal projects located in Indian Housing Block Grant formula areas. (i) Certification Notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and subsection (g) of this section with respect to applications for projects to be carried out on reservations or trust land using grants awarded under this section— (1) the applications shall contain a certification that the applicant consulted with the recipient(s) required to submit an Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112); and (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land from such funds shall certify that they have consulted with the recipients required to submit an Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4112). (j) Consolidated plan exemption A collaborative applicant for a Continuum of Care whose geographic area includes reservation or trust land is not required to meet the requirement described in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(2)) in order to be eligible for assistance under the Continuum of Care program under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.). (k) Waiver authority for tribal participation In administering the amounts made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these amounts (except for requirements related to labor standards and the environment), if the Secretary finds that— (1) good cause exists for the waiver or alternative requirement; and (2) such waiver or alternative requirement is necessary to modify any requirements preventing the participation of eligible entities in the Continuum of Care Program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) or would expedite or facilitate the use of funds. (l) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $25,000,000 for fiscal year 2027; and (2) such sums as may be necessary for each fiscal year thereafter.