I 

113TH CONGRESS 

2D SESSION H. R. 4329 

To reauthorize the Native American Housing Assistance and SelfDetermination Act of 1996, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2014 

Mr. PEARCE (for himself and Mr. COLE) introduced the following bill; which 

was referred to the Committee on Financial Services 

A BILL 

To reauthorize the Native American Housing Assistance and 

Self-Determination Act of 1996, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Native American Housing Assistance and Self-Deter6 mination Reauthorization Act of 2014’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 


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Sec. 101. Block grants. 

Sec. 102. Indian housing plans. 

Sec. 103. Environmental review. 

Sec. 104. Failure to act on request for approval regarding exceeding TDC maximum cost for project. 

TITLE II—AFFORDABLE HOUSING ACTIVITIES 

Sec. 201. National objectives and eligible families. 

Sec. 202. Eligible affordable housing activities. 

Sec. 203. Program requirements. 

Sec. 204. Low-income requirement and income targeting. 

Sec. 205. Lease requirements and tenant selection. 

Sec. 206. Tribal coordination of agency funding. 

TITLE III—ALLOCATION OF GRANT AMOUNTS 

Sec. 301. Authorization of appropriations. 

TITLE IV—AUDITS AND REPORTS 

Sec. 401. Review and audit by Secretary. 

Sec. 402. Reports to Congress. 

TITLE V—OTHER HOUSING ASSISTANCE FOR NATIVE AMERICANS 

Sec. 501. HUD–Veterans Affairs supportive housing program for Native American veterans. 

Sec. 502. 50-year leasehold interest in trust or restricted lands for housing purposes. 

Sec. 503. Training and technical assistance. 

Sec. 504. Loan guarantees for Indian housing. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Lands Title Report Commission. 

Sec. 602. Limitation on use of funds for Cherokee Nation. 

Sec. 603. Leasehold interest in trust or restricted lands for housing purposes. 

Sec. 604. Clerical amendment. 

TITLE VII—DEMONSTRATION PROGRAM FOR ALTERNATIVE 

PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 

Sec. 701. Demonstration program. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the Native American Housing 


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1 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

2 4101 et seq.). 

3 TITLE I—BLOCK GRANTS AND 

4 GRANT REQUIREMENTS 

5 SEC. 101. BLOCK GRANTS. 

6 Section 101 (25 U.S.C. 4111) is amended— 

7 (1) in subsection (c), by adding after the period 

8 at the end the following: ‘‘If the Secretary fails to 

9 act on a waiver request submitted under this sub10 section by a recipient within 60 days after receipt of 

11 such request, the waiver request shall be deemed ap12 proved.’’; 

13 (2) in subsection (j), by striking ‘‘section 501 of 

14 title 40,’’ and inserting ‘‘title 40 of the’’; and 

15 (3) in subsection (k), by striking ‘‘1’’ and in16 serting ‘‘an’’. 

17 SEC. 102. INDIAN HOUSING PLANS. 

18 Section 102(a) (25 U.S.C. 4112(a)) is amended by 

19 inserting after and below paragraph (2) the following: 

20 ‘‘ ‘The Secretary may grant a waiver of the submission re21 quirements under paragraph (1) upon meeting certain fac22 tors that shall be set out by regulation, and provided fur23 ther that a request for such waiver shall be deemed ap24 proved if the Secretary does not act on such request within 

25 60 days of receipt.’ ’’. 


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1 SEC. 103. ENVIRONMENTAL REVIEW. 

2 Section 105 (25 U.S.C. 4115) is amended— 

3 (1) in subsection (d)— 

4 (A) in the matter preceding paragraph (1), 

5 by striking ‘‘may’’ and inserting ‘‘shall’’; and 

6 (B) by adding after and below paragraph 

7 (4) the following: 

8 ‘‘If the Secretary fails to act on a waiver request sub9 mitted under this subsection by a recipient within 60 days 

10 after receipt of such request, the waiver shall be deemed 

11 approved.’’; and 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW

15 REQUIREMENTS.—If a recipient is using one or more 

16 sources of Federal funds in addition to grant amounts 

17 under this Act in carrying out a project that qualifies as 

18 an affordable housing activity under section 202 and the 

19 recipient’s tribe has assumed all of the responsibilities for 

20 environmental review, decisionmaking, and action pursu21 ant to this section, the recipient’s compliance with the Na22 tional Environmental Policy Act of 1969 review require23 ments under this section with regard to such project shall 

24 be deemed to fully comply with and discharge any applica25 ble environmental review requirements that might apply 


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1 to the use of such additional Federal funding sources for 

2 that project.’’. 

3 SEC. 104. FAILURE TO ACT ON REQUEST FOR APPROVAL 

4 REGARDING EXCEEDING TDC MAXIMUM COST 

5 FOR PROJECT. 

6 (a) APPROVAL.—Section 103 (25 U.S.C. 4113) is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(f) APPROVAL OF REQUEST TO EXCEED TDC MAX10 IMUM.—A request for approval by the Secretary of Hous11 ing and Urban Development to exceed by more than 10 

12 percent the total development cost maximum cost for a 

13 project shall be deemed to be approved if the Secretary 

14 fails to take action on the request during the 60-day pe15 riod that begins on the date that the Secretary receives 

16 the request.’’. 

17 (b) DEFINITION.—Section 4 (25 U.S.C. 4103) is 

18 amended— 

19 (1) by redesignating paragraph (22) as para20 graph (23); and 

21 (2) by inserting after paragraph (21) the fol22 lowing new paragraph: 

23 ‘‘(22) TOTAL DEVELOPMENT COST.—The term 

24 ‘total development cost’ means, with respect to a 

25 housing project, the sum of all costs for the project, 


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1 including all undertakings necessary for administra2 tion, planning, site acquisition, demolition, construc3 tion or equipment and financing (including payment 

4 of carrying charges), and for otherwise carrying out 

5 the development of the project, excluding off-site 

6 water and sewer. The total development cost 

7 amounts shall be based on a moderately designed 

8 house and determined by averaging the current con9 struction costs as listed in not less than two nation10 ally recognized residential construction cost indi11 ces.’’. 

12 TITLE II—AFFORDABLE 

13 HOUSING ACTIVITIES 

14 SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

15 Paragraph (6) of section 201(b) (25 U.S.C. 

16 4131(b)(6); relating to exemption) is amended— 

17 (1) by striking ‘‘1964 and’’ and inserting 

18 ‘‘1964,’’; and 

19 (2) by inserting after ‘‘1968’’ the following: ‘‘, 

20 and section 3 of the Housing and Urban Develop21 ment Act of 1968’’. 

22 SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES. 

23 Section 202(9)(A) (25 U.S.C. 4132(9)(A)) is amend24 ed— 

25 (1) by striking ‘‘only’’; 


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1 (2) by striking ‘‘administration and planning 

2 related to’’; and 

3 (3) by inserting ‘‘including administration and 

4 planning,’’ after ‘‘section,’’. 

5 SEC. 203. PROGRAM REQUIREMENTS. 

6 Section 203 (25 U.S.C. 4133) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1), by striking ‘‘para9 graph (2)’’ and inserting ‘‘paragraphs (2) and 

10 (3)’’; and 

11 (B) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) APPLICATION OF TRIBAL POLICIES.— 

14 Paragraph (2) shall not apply if the recipient has a 

15 written policy governing rents and homebuyer pay16 ments charged for dwelling units and such policy in17 cludes a provision governing maximum rents or 

18 homebuyer payments.’’; 

19 (2) in subsection (c), by striking ‘‘or assisted 

20 with’’ and inserting ‘‘by a recipient’’; and 

21 (3) in subsection (e), by striking ‘‘assisted 

22 with’’ and inserting ‘‘units that are owned or oper23 ated by a recipient using’’. 


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1 SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TAR2 GETING. 

3 Section 205 (25 U.S.C. 4135) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (C), by striking 

7 ‘‘and’’ at the end; 

8 (ii) in subparagraph (D), by striking 

9 the period at the end and inserting ‘‘; 

10 and’’; and 

11 (iii) by adding at the end the fol12 lowing new subparagraph: 

13 ‘‘(E) notwithstanding any other provision 

14 of this paragraph, in the case of rental housing 

15 that is made available to a current rental family 

16 for conversion to a homebuyer or a lease-pur17 chase unit, that the current rental family can 

18 purchase through a contract of sale, lease-pur19 chase agreement, or any other sales agreement, 

20 is made available for purchase only by the cur21 rent rental family, if the rental family was a 

22 low-income family at the time of their initial oc23 cupancy of such unit; and’’; and 

24 (B) in paragraph (2)— 

25 (i) by striking ‘‘satisfactory to the 

26 Secretary’’ and inserting ‘‘in such forms as 


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1 the Secretary shall, by regulation, re2 quire’’; and 

3 (ii) by striking ‘‘Secretary)’’ and in4 serting ‘‘recipient)’’; and 

5 (2) in subsection (c), by adding after the period 

6 at the end the following: ‘‘The provisions of such 

7 paragraph regarding binding commitments for the 

8 remaining useful life of the property shall not apply 

9 to improvements of privately owned homes if the 

10 cost of such improvements do not exceed 10 percent 

11 of the maximum total development cost for such 

12 home.’’. 

13 SEC. 205. LEASE REQUIREMENTS AND TENANT SELECTION. 

14 Section 207 (25 U.S.C. 4137) is amended by adding 

15 at the end the following new subsection: 

16 ‘‘(c) NOTICE OF TERMINATION.—Notwithstanding 

17 any other provision of law, the owner or manager of rental 

18 housing that is assisted in part with amounts provided 

19 under this Act and in part with one or more other sources 

20 of Federal funds shall only utilize leases that require a 

21 notice period for the termination of the lease pursuant to 

22 subsection (a)(3).’’. 

23 SEC. 206. TRIBAL COORDINATION OF AGENCY FUNDING. 

24 Subtitle A of title II (25 U.S.C. 4131 et seq.) is 

25 amended by adding at the end the following new section: 


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1 ‘‘SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING. 

2 ‘‘Notwithstanding any other provision of law, a re3 cipient authorized to receive funding under this Act may, 

4 in its discretion, use funding from the Indian Health Serv5 ice of the Department of Health and Human Services for 

6 construction of sanitation facilities for housing construc7 tion and renovation projects that are funded in part by 

8 funds provided under this Act.’’. 

9 TITLE III—ALLOCATION OF 

10 GRANT AMOUNTS 

11 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 

12 The first sentence of section 108 (25 U.S.C. 4117) 

13 is amended by striking ‘‘such sums as may be necessary 

14 for each of fiscal years 2009 through 2013’’ and inserting 

15 ‘‘$650,000,000 for each of fiscal years 2014 through 

16 2018’’. 

17 TITLE IV—AUDITS AND REPORTS 

18 SEC. 401. REVIEW AND AUDIT BY SECRETARY. 

19 Section 405(c) (25 U.S.C. 4165(c)) is amended, by 

20 adding at the end the following new paragraph: 

21 ‘‘(3) FAILURE TO ISSUE FINAL REPORT.—The 

22 Secretary shall issue a final report within 60 days 

23 after receiving comments under paragraph (1) from 

24 a recipient.’’. 

25 SEC. 402. REPORTS TO CONGRESS. 

26 Section 407 (25 U.S.C. 4167) is amended— 


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1 (1) in subsection (a), by striking ‘‘Congress’’ 

2 and inserting ‘‘Committee on Financial Services and 

3 the Committee on Natural Resources of the House 

4 of Representatives, to the Committee on Indian Af5 fairs and the Committee on Banking, Housing, and 

6 Urban Affairs of the Senate, and to any subcommit7 tees of such committees having jurisdiction with re8 spect to Native American and Alaska Native af9 fairs,’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(c) PUBLIC AVAILABILITY TO RECIPIENTS.—Each 

13 report submitted pursuant to subsection (a) shall be made 

14 publicly available to recipients.’’. 

15 TITLE V—OTHER HOUSING AS16 SISTANCE FOR NATIVE AMER17 ICANS 

18 SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE HOUSING 

19 PROGRAM FOR NATIVE AMERICAN VET20 ERANS. 

21 Paragraph (19) of section 8(o) of the United States 

22 Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend23 ed by adding at the end the following new subparagraph: 

24 ‘‘(D) NATIVE AMERICAN VETERANS.— 


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1 ‘‘(i) AUTHORITY.—Of the funds made 

2 available for rental assistance under this 

3 subsection for fiscal year 2015 and each 

4 fiscal year thereafter, the Secretary shall 

5 set aside 0.1 percent for a supported hous6 ing and rental assistance program modeled 

7 on the HUD–Veterans Affairs Supportive 

8 Housing (HUD–VASH) program, to be 

9 administered in conjunction with the De10 partment of Veterans Affairs, for the ben11 efit of homeless Native American veterans 

12 and veterans at risk of homelessness. 

13 ‘‘(ii) RECIPIENTS.—Such rental as14 sistance shall be made available to recipi15 ents eligible to receive block grants under 

16 the Native American Housing Assistance 

17 and Self-Determination Act of 1996 (25 

18 U.S.C. 4101 et seq.). 

19 ‘‘(iii) FUNDING CRITERIA.—Funds 

20 shall be awarded based on need, adminis21 trative capacity, and any other funding cri22 teria established by the Secretary in a no23 tice published in the Federal Register, 

24 after consultation with the Secretary of 

25 Veterans Affairs, by a date sufficient to 


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1 provide for implementation of the program 

2 under this subparagraph in accordance 

3 with clause (i). 

4 ‘‘(iv) PROGRAM REQUIREMENTS.— 

5 Such funds shall be administered by block 

6 grant recipients in accordance with pro7 gram requirements under Native American 

8 Housing Assistance and Self-Determina9 tion Act of 1996 in lieu of program re10 quirements under this Act. 

11 ‘‘(v) WAIVER.—The Secretary may 

12 waive, or specify alternative requirements 

13 for any provision of any statute or regula14 tion that the Secretary administers in con15 nection with the use of funds made avail16 able under this subparagraph, but only 

17 upon a finding by the Secretary that such 

18 waiver or alternative requirement is nec19 essary to promote administrative efficiency, 

20 eliminate delay, consolidate or eliminate 

21 duplicative or ineffective requirements or 

22 criteria, or otherwise provide for the effec23 tive delivery and administration of such 

24 supportive housing assistance to Native 

25 American veterans. 


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1 ‘‘(vi) CONSULTATION.—The Secretary 

2 and the Secretary of Veterans Affairs shall 

3 jointly consult with block grant recipients 

4 and any other appropriate tribal organiza5 tions to— 

6 ‘‘(I) ensure that block grant re7 cipients administering funds made 

8 available under the program under 

9 this subparagraph are able to effec10 tively coordinate with providers of 

11 supportive services provided in con12 nection with such program; and 

13 ‘‘(II) ensure the effective delivery 

14 of supportive services to Native Amer15 ican veterans that are homeless or at 

16 risk of homelessness eligible to receive 

17 assistance under this subparagraph. 

18 Consultation pursuant to this clause shall 

19 be completed by a date sufficient to pro20 vide for implementation of the program 

21 under this subparagraph in accordance 

22 with clause (i). 

23 ‘‘(vii) RULEMAKING.—The first nego24 tiated rulemaking committee established 

25 pursuant to subchapter III of chapter 5 of 


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1 title 5, United States Code, for rulemaking 

2 relating to the Native American Housing 

3 Assistance and Self-Determination Act of 

4 1996, or any amendments to such Act, but 

5 that is not established to consider matters 

6 relating to the allocation formula under 

7 section 302 of such Act (25 U.S.C. 4152), 

8 shall review the requirements and criteria 

9 for the supported housing and rental as10 sistance program under this subparagraph 

11 and may report to the Secretary a pro12 posed rule revising such requirements and 

13 criteria.’’. 

14 SEC. 502. 50-YEAR LEASEHOLD INTEREST IN TRUST OR RE15 STRICTED LANDS FOR HOUSING PURPOSES. 

16 Section 702(c)(1) (25 U.S.C. 4211(c)(1)) is amended 

17 by inserting ‘‘, whether enacted before, on, or after the 

18 date of the enactment of this section’’ after ‘‘law,’’. 

19 SEC. 503. TRAINING AND TECHNICAL ASSISTANCE. 

20 Section 703 (25 U.S.C. 4212) is amended— 

21 (1) by striking ‘‘There are authorized to be ap22 propriated’’ and inserting ‘‘Of any amounts appro23 priated pursuant to section 108, the Secretary may 

24 use such sums as may be necessary for’’; and 


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1 (2) by striking ‘‘such sums as may be necessary 

2 for each of fiscal years 2009 through 2013’’. 

3 SEC. 504. LOAN GUARANTEES FOR INDIAN HOUSING. 

4 Section 184(I)(5) of the Housing and Community 

5 Development Act of 1992 (12 U.S.C. 1715z–13a(I)(5)) is 

6 amended— 

7 (1) in subparagraph (B), by inserting after the 

8 period at the end of the first sentence the following: 

9 ‘‘There are authorized to be appropriated for such 

10 costs $12,200,000 for each of fiscal years 2014 

11 through 2018.’’; and 

12 (2) in subparagraph (5)— 

13 (A) by striking ‘‘2008 through 2012’’ and 

14 inserting ‘‘2014 through 2018’’; and 

15 (B) by striking ‘‘such amount as may be 

16 provided in appropriation Acts for’’ and insert17 ing ‘‘$976,000,000 for each’’. 

18 TITLE VI—MISCELLANEOUS 

19 SEC. 601. LANDS TITLE REPORT COMMISSION. 

20 Section 501 of the American Homeownership and 

21 Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) 

22 is amended— 

23 (1) in subsection (a), by striking ‘‘Subject to 

24 sums being provided in advance in appropriations 

25 Acts, there’’ and inserting ‘‘There’’; and 


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1 (2) in subsection (b)(1) by striking ‘‘this Act’’ 

2 and inserting ‘‘the Native American Housing Assist3 ance and Self-Determination Reauthorization Act of 

4 2014’’. 

5 SEC. 602. LIMITATION ON USE OF FUNDS FOR CHEROKEE 

6 NATION. 

7 Section 801 of the Native American Housing Assist8 ance and Self-Determination Reauthorization Act of 2008 

9 (Public Law 110–411) is amended by striking ‘‘Tem10 porary Order and Temporary Injunction issued on May 

11 14, 2007, by the District Court of the Cherokee Nation’’ 

12 and inserting ‘‘Order issued September 21, 2011, by the 

13 Federal District Court for the District of Columbia’’. 

14 SEC. 603. LEASEHOLD INTEREST IN TRUST OR RESTRICTED 

15 LANDS FOR HOUSING PURPOSES. 

16 Section 702 (25 U.S.C. 4211) is amended by striking 

17 ‘‘50 years’’ each place such term appears and inserting 

18 ‘‘99 years’’. 

19 SEC. 604. CLERICAL AMENDMENT. 

20 The table of contents in section 1(b) of the Native 

21 American Housing Assistance and Self-Determination Act 

22 of 1996 (25 U.S.C. 4101 note) is amended by striking 

23 the item relating to section 206 (treatment of funds). 


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1 TITLE VII—DEMONSTRATION 

2 PROGRAM FOR ALTERNATIVE 

3 PRIVATIZATION AUTHORITY 

4 FOR NATIVE AMERICAN 

5 HOUSING 

6 SEC. 701. DEMONSTRATION PROGRAM. 

7 The Native American Housing and Self-Determina8 tion Act of 1996 (25 U.S.C. 4101 et seq.) is amended by 

9 adding at the end the following new title: 

10 ‘‘TITLE IX—DEMONSTRATION 

11 PROGRAM FOR ALTERNATIVE 

12 PRIVATIZATION AUTHORITY 

13 FOR NATIVE AMERICAN 

14 HOUSING 

15 ‘‘SEC. 901. AUTHORITY. 

16 ‘‘(a) IN GENERAL.—In addition to any other author17 ity provided in this Act for the construction, development, 

18 maintenance, and operation of housing for Indian families, 

19 the Secretary shall provide the participating tribes having 

20 final plans approved pursuant to section 905 with the au21 thority to exercise the activities provided under this title 

22 and such plan for the acquisition and development of 

23 housing to meet the needs of tribal members. 

24 ‘‘(b) INAPPLICABILITY OF NAHASDA PROVI25 SIONS.—Except as specifically provided otherwise in this 


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1 title, titles I through IV, VI, and VII shall not apply to 

2 a participating tribe during any period that the tribe is 

3 participating in the demonstration program under this 

4 title. 

5 ‘‘(c) CONTINUED APPLICABILITY OF CERTAIN

6 NAHASDA PROVISIONS.—The following provisions of ti7 tles I through VIII shall apply to the demonstration pro8 gram under this title and amounts made available under 

9 the demonstration program under this title: 

10 ‘‘(1) Subsections (d) and (e) of section 101 (re11 lating to tax exemption). 

12 ‘‘(2) Section 101(j) (relating to Federal supply 

13 sources). 

14 ‘‘(3) Section 101(k) (relating to tribal pref15 erence in employment and contracting). 

16 ‘‘(4) Section 104 (relating to treatment of pro17 gram income and labor standards). 

18 ‘‘(5) Section 105 (relating to environmental re19 view). 

20 ‘‘(6) Section 201(b) (relating to eligible fami21 lies), except as otherwise provided in this title. 

22 ‘‘(7) Section 203(g) (relating to a de minimis 

23 exemption for procurement of goods and services). 


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1 ‘‘(8) Section 702 (relating to 99-year leasehold 

2 interests in trust or restricted lands for housing pur3 poses). 

4 ‘‘SEC. 902. PARTICIPATING TRIBES. 

5 ‘‘(a) REQUEST TO PARTICIPATE.—To be eligible to 

6 participate in the demonstration program under this title, 

7 an Indian tribe shall submit to the Secretary a notice of 

8 intention to participate during the 60-day period begin9 ning on the date of the enactment of this title, in such 

10 form and such manner as the Secretary shall provide. 

11 ‘‘(b) COOPERATIVE AGREEMENT.—Upon approval 

12 under section 905 of the final plan of an Indian tribe for 

13 participation in the demonstration program under this 

14 title, the Secretary shall enter into a cooperative agree15 ment with the participating tribe that provides such tribe 

16 with the authority to carry out activities under the dem17 onstration program. 

18 ‘‘SEC. 903. REQUEST FOR QUOTES AND SELECTION OF IN19 VESTOR PARTNER. 

20 ‘‘(a) REQUEST FOR QUOTES.—Not later than the ex21 piration of the 180-day period beginning upon notification 

22 to the Secretary by an Indian tribe of intention to partici23 pate in the demonstration program under this title, the 

24 Indian tribe shall— 


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1 ‘‘(1) obtain assistance from a qualified entity in 

2 assessing the housing needs, including the affordable 

3 housing needs, of the tribe; and 

4 ‘‘(2) release a request for quotations from enti5 ties interested in partnering with the tribe in design6 ing and carrying out housing activities sufficient to 

7 meet the tribe’s housing needs as identified pursuant 

8 to paragraph (1). 

9 ‘‘(b) SELECTION OF INVESTOR PARTNER.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), not later than the expiration of the 18- 

12 month period beginning on the date of the enact13 ment of this title, an Indian tribe requesting to par14 ticipate in the demonstration program under this 

15 title shall— 

16 ‘‘(A) select an investor partner from 

17 among the entities that have responded to the 

18 tribe’s request for quotations; and 

19 ‘‘(B) together with such investor partner, 

20 establish and submit to the Secretary a final 

21 plan that meets the requirements under section 

22 904. 

23 ‘‘(2) EXCEPTIONS.—The Secretary may extend 

24 the period under paragraph (1) for any tribe that— 


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1 ‘‘(A) has not received any satisfactory 

2 quotation in response to its request released 

3 pursuant to subsection (a)(2); or 

4 ‘‘(B) has any other satisfactory reason, as 

5 determined by the Secretary, for failure to se6 lect an investor partner. 

7 ‘‘SEC. 904. FINAL PLAN. 

8 ‘‘A final plan under this section shall— 

9 ‘‘(1) be developed by the participating tribe and 

10 the investor partner for the tribe selected pursuant 

11 to section 903(b)(1)(A); 

12 ‘‘(2) identify the qualified entity that assisted 

13 the tribe in assessing the housing needs of the tribe; 

14 ‘‘(3) set forth a detailed description of such 

15 projected housing needs, including affordable hous16 ing needs, of the tribe, which shall include— 

17 ‘‘(A) a description of such need over the 

18 ensuing 24 months and thereafter until the ex19 piration of the ensuing 5-year period or until 

20 the affordable housing need is met, whichever 

21 occurs sooner; and 

22 ‘‘(B) the same information that would be 

23 required under section 102 to be included in an 

24 Indian housing plan for the tribe, as such re25 quirements may be modified by the Secretary to 


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1 take consideration of the requirements of the 

2 demonstration program under this title; 

3 ‘‘(4) provide for specific housing activities suffi4 cient to meet the tribe’s housing needs, including af5 fordable housing needs, as identified pursuant to 

6 paragraph (3) within the periods referred to such 

7 paragraph, which shall include— 

8 ‘‘(A) development of affordable housing (as 

9 such term is defined in section 4 of this Act (25 

10 U.S.C. 4103)); 

11 ‘‘(B) development of conventional homes 

12 for rental, lease-to-own, or sale, which may be 

13 combined with affordable housing developed 

14 pursuant to subparagraph (A); 

15 ‘‘(C) development of housing infrastruc16 ture, including housing infrastructure sufficient 

17 to serve affordable housing developed under the 

18 plan; and 

19 ‘‘(D) investments by the investor partner 

20 for the tribe, the participating tribe, members 

21 of the participating tribe, and financial institu22 tions and other outside investors necessary to 

23 provide financing for the development of hous24 ing under the plan and for mortgages for tribal 

25 members purchasing such housing; 


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1 ‘‘(5) provide that the participating tribe will 

2 agree to provide long-term leases to tribal members 

3 sufficient for lease-to-own arrangements for, and 

4 sale of, the housing developed pursuant to paragraph 

5 (4); 

6 ‘‘(6) provide that the participating tribe— 

7 ‘‘(A) will be liable for delinquencies under 

8 mortgage agreements for housing developed 

9 under the plan that are financed under the plan 

10 and entered into by tribal members; and 

11 ‘‘(B) shall, upon foreclosure under such 

12 mortgages, take possession of such housing and 

13 have the responsibility for making such housing 

14 available to other tribal members; 

15 ‘‘(7) provide for sufficient protections, in the 

16 determination of the Secretary, to ensure that the 

17 tribe and the Federal Government are not liable for 

18 the acts of the investor partner or of any contrac19 tors; 

20 ‘‘(8) provide that the participating tribe shall 

21 have sole final approval of design and location of 

22 housing developed under the plan; 

23 ‘‘(9) set forth specific deadlines and schedules 

24 for activities to be undertaken under the plan and 


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1 set forth the responsibilities of the participating 

2 tribe and the investor partner; 

3 ‘‘(10) set forth specific terms and conditions of 

4 return on investment by the investor partner and 

5 other investors under the plan, and provide that the 

6 participating tribe shall pledge grant amounts allo7 cated for the tribe pursuant to title III for such re8 turn on investment; 

9 ‘‘(11) set forth the terms of a cooperative 

10 agreement on the operation and management of the 

11 current assistance housing stock and current hous12 ing stock for the tribe assisted under the preceding 

13 titles of this Act; 

14 ‘‘(12) set forth any plans for sale of affordable 

15 housing of the participating tribe under section 907 

16 and, if included, plans sufficient to meet the require17 ments of section 907 regarding meeting future af18 fordable housing needs of the tribe; 

19 ‘‘(13) set forth terms for enforcement of the 

20 plan, including an agreement regarding jurisdiction 

21 of any actions under or to enforce the plan, includ22 ing a waiver of immunity; and 

23 ‘‘(14) include such other information as the 

24 participating tribe and investor partner consider ap25 propriate. 


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1 ‘‘SEC. 905. HUD REVIEW AND APPROVAL OF PLAN. 

2 ‘‘(a) IN GENERAL.—Not later than the expiration of 

3 the 90-day period beginning upon a submission by an In4 dian tribe of a final plan under section 904 to the Sec5 retary, the Secretary shall— 

6 ‘‘(1) review the plan and the process by which 

7 the tribe solicited requests for quotations from inves8 tors and selected the investor partner; and 

9 ‘‘(2)(A) approve the plan, unless the Secretary 

10 determines that— 

11 ‘‘(i) the assessment of the tribe’s housing 

12 needs by the qualified entity, or as set forth in 

13 the plan pursuant to section 904(3), is inac14 curate or insufficient; 

15 ‘‘(ii) the process established by the tribe to 

16 solicit requests for quotations and select an in17 vestor partner was insufficient or negligent; or 

18 ‘‘(iii) the plan is insufficient to meet the 

19 housing needs of the tribe, as identified in the 

20 plan pursuant to section 904(3); 

21 ‘‘(B) approve the plan, on the condition that 

22 the participating tribe and the investor make such 

23 revisions to the plan as the Secretary may specify as 

24 appropriate to meet the needs of the tribe for afford25 able housing; or 


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1 ‘‘(C) disapprove the plan, only if the Secretary 

2 determines that the plan fails to meet the minimal 

3 housing standards and requirements set forth in this 

4 Act and the Secretary notifies the tribe of the ele5 ments requiring the disapproval. 

6 ‘‘(b) ACTION UPON DISAPPROVAL.— 

7 ‘‘(1) RE-SUBMISSION OF PLAN.—Subject to 

8 paragraph (2), in the case of any disapproval of a 

9 final plan of an Indian tribe pursuant to subsection 

10 (a)(3), the Secretary shall allow the tribe a period 

11 of 180 days from notification to the tribe of such 

12 disapproval to re-submit a revised plan for approval. 

13 ‘‘(2) LIMITATION.—If the final plan for an In14 dian tribe is disapproved twice and resubmitted 

15 twice pursuant to the authority under paragraph (1) 

16 and, upon such second re-submission of the plan the 

17 Secretary disapproves the plan, the tribe may not re18 submit the plan again and shall be ineligible to par19 ticipate in the demonstration program under this 

20 title. 

21 ‘‘(c) TRIBE AUTHORITY OF HOUSING DESIGN AND

22 LOCATION.—The Secretary may not disapprove a final 

23 plan under section 904, or condition approval of such a 

24 plan, based on the design or location of any housing to 

25 be developed or assisted under the plan. 


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1 ‘‘(d) FAILURE TO NOTIFY.—If the Secretary does 

2 not notify a participating tribe submitting a final plan of 

3 approval, conditional approval, or disapproval of the plan 

4 before the expiration of the period referred to in para5 graph (1), the plan shall be considered as approved for 

6 all purposes of this title. 

7 ‘‘SEC. 906. TREATMENT OF NAHASDA ALLOCATION. 

8 ‘‘Amounts otherwise allocated for a participating 

9 tribe under title III of this Act (25 U.S.C. 4151 et seq.) 

10 shall not be made available to the tribe under titles I 

11 through XIII, but shall only be available for the tribe, 

12 upon request by the tribe and approval by the Secretary, 

13 for the following purposes: 

14 ‘‘(1) RETURN ON INVESTMENT.—Such amounts 

15 as are pledged by a participating tribe pursuant to 

16 section 904(10) for return on the investment made 

17 by the investor partner or other investors may be 

18 used by the Secretary to ensure such full return on 

19 investment. 

20 ‘‘(2) ADMINISTRATIVE EXPENSES.—The Sec21 retary may provide to a participating tribe, upon the 

22 request of a tribe, not more than 10 percent of any 

23 annual allocation made under title III for the tribe 

24 during such period for administrative costs of the 


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1 tribe in completing the processes to carry out sec2 tions 903 and 904. 

3 ‘‘(3) HOUSING INFRASTRUCTURE COSTS.—A 

4 participating tribe may use such amounts for hous5 ing infrastructure costs associated with providing af6 fordable housing for the tribe under the final plan. 

7 ‘‘SEC. 907. RESALE OF AFFORDABLE HOUSING. 

8 ‘‘Notwithstanding any other provision of this Act, a 

9 participating tribe may, in accordance with the provisions 

10 of the final plan of the tribe approved pursuant to section 

11 905, resell any affordable housing developed with assist12 ance made available under this Act for use other than as 

13 affordable housing, but only if the tribe provides such as14 surances as the Secretary determines are appropriate to 

15 ensure that— 

16 ‘‘(1) the tribe is meeting its need for affordable 

17 housing; and 

18 ‘‘(2) will provide affordable housing in the fu19 ture sufficient to meet future affordable housing 

20 needs. 

21 ‘‘SEC. 908. REPORTS, AUDITS, AND COMPLIANCE. 

22 ‘‘(a) ANNUAL REPORTS BY TRIBE.—Each partici23 pating tribe shall submit a report to the Secretary annu24 ally regarding the progress of the tribe in complying with, 

25 and meeting the deadlines and schedules set forth under 


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1 the approved final plan for the tribe. Such reports shall 

2 contain such information as the Secretary shall require. 

3 ‘‘(b) REPORTS TO CONGRESS.—The Secretary shall 

4 submit a report to the Congress annually describing the 

5 activities and progress of the demonstration program 

6 under this title, which shall— 

7 ‘‘(1) summarize the information in the reports 

8 submitted by participating tribes pursuant to sub9 section (a); 

10 ‘‘(2) identify the number of tribes that have se11 lected an investor partner pursuant to a request for 

12 quotations; 

13 ‘‘(3) include, for each tribe applying for partici14 pating in the demonstration program whose final 

15 plan was disapproved under section 905(a)(2)(C), a 

16 detailed description and explanation of the reasons 

17 for disapproval and all actions taken by the tribe to 

18 eliminate the reasons for disapproval, and identify 

19 whether the tribe has re-submitted a final plan; 

20 ‘‘(4) identify, by participating tribe, any 

21 amounts requested and approved for use under sec22 tion 906; and 

23 ‘‘(5) identify any participating tribes that have 

24 terminated participation in the demonstration pro25 gram and the circumstances of such terminations. 


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1 ‘‘(c) AUDITS.—The Secretary shall provide for ran2 dom audits among participating tribes to ensure that the 

3 final plans for such tribes are being implemented and com4 plied with. Such audits shall include on-site visits with 

5 participating tribes and requests for documentation appro6 priate to ensure such compliance. 

7 ‘‘SEC. 909. TERMINATION OF TRIBAL PARTICIPATION. 

8 ‘‘(a) TERMINATION OF PARTICIPATION.—A partici9 pating tribe may terminate participation in the demonstra10 tion program under this title at any time, subject to this 

11 section. 

12 ‘‘(b) EFFECT ON EXISTING OBLIGATIONS.— 

13 ‘‘(1) NO AUTOMATIC TERMINATION.—Termi14 nation by a participating tribe in the demonstration 

15 program under this section shall not terminate any 

16 obligations of the tribe under agreements entered 

17 into under the demonstration program with the in18 vestor partner for the tribe or any other investors or 

19 contractors. 

20 ‘‘(2) AUTHORITY TO MUTUALLY TERMINATE

21 AGREEMENTS.—Nothing in this title may be con22 strued to prevent a tribe that terminates participa23 tion in the demonstration program under this sec24 tion and any party with which the tribe has entered 


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1 into an agreement from mutually agreeing to termi2 nate such agreement. 

3 ‘‘(c) RECEIPT OF REMAINING GRANT AMOUNTS.— 

4 The Secretary shall provide for grants to be made in ac5 cordance with, and subject to the requirements of, this Act 

6 for any amounts remaining after use pursuant to section 

7 906 from the allocation under title III for a participating 

8 tribe that terminates participation in the demonstration 

9 program. 

10 ‘‘(d) COSTS AND OBLIGATIONS.—The Secretary shall 

11 not be liable for any obligations or costs incurred by an 

12 Indian tribe during its participation in the demonstration 

13 program under this title. 

14 ‘‘SEC. 910. FINAL REPORT. 

15 ‘‘Not later than the expiration of the 5-year period 

16 beginning on the date of the enactment of this title, the 

17 Secretary shall submit a final report to the Congress re18 garding the effectiveness of the demonstration program, 

19 which shall include— 

20 ‘‘(1) an assessment of the success, under the 

21 demonstration program, of participating tribes in 

22 meeting their housing needs, including affordable 

23 housing needs, on tribal land; 

24 ‘‘(2) recommendations for any improvements in 

25 the demonstration program; and 


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1 ‘‘(3) a determination of whether the demonstra2 tion should be expanded into a permanent program 

3 available for Indian tribes to opt into at any time 

4 and, if so, recommendations for such expansion, in5 cluding any legislative actions necessary to expand 

6 the program. 

7 ‘‘SEC. 911. DEFINITIONS. 

8 ‘‘For purposes of this title, the following definitions 

9 shall apply: 

10 ‘‘(1) AFFORDABLE HOUSING.—The term ‘af11 fordable housing’ has the meaning given such term 

12 in section 4 (25 U.S.C. 4103). 

13 ‘‘(2) HOUSING INFRASTRUCTURE.—The term 

14 ‘housing infrastructure’ means basic facilities, serv15 ices, systems, and installations necessary or appro16 priate for the functioning of a housing community, 

17 including facilities, services, systems, and installa18 tions for water, sewage, power, communications, and 

19 transportation. 

20 ‘‘(3) LONG-TERM LEASE.—The term ‘long-term 

21 lease’ means an agreement between a participating 

22 tribe and a tribal member that authorizes the tribal 

23 member to occupy a specific plot of tribal lands for 

24 50 or more years and to request renewal of the 

25 agreement at least once. 


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1 ‘‘(4) PARTICIPATING TRIBES.—The term ‘par2 ticipating tribe’ means an Indian tribe for which a 

3 final plan under section 904 for participation in the 

4 demonstration program under this title has been ap5 proved by the Secretary under section 905. 

6 ‘‘SEC. 912. REGULATIONS AND GUIDELINES. 

7 ‘‘The Secretary shall issue such regulations as may 

8 be necessary to carry out the demonstration program 

9 under this title.’’. 

Æ 


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