IIB 

113TH CONGRESS 

2D SESSION H. R. 4329 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 3, 2014 

Received; read twice and referred to the Committee on Indian Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Native American Housing Assistance and Self-Deter4 mination Reauthorization Act of 2014’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

TITLE I—BLOCK GRANTS AND GRANT REQUIREMENTS 

Sec. 101. Block grants. 

Sec. 102. Recommendations regarding exceptions to annual Indian housing 

plan requirement. 

Sec. 103. Environmental review. 

Sec. 104. Deadline for action 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. Program requirements. 

Sec. 203. Homeownership or lease-to-own low-income requirement and income 

targeting. 

Sec. 204. Lease requirements and tenant selection. 

Sec. 205. Tribal coordination of agency funding. 

TITLE III—ALLOCATION OF GRANT AMOUNTS 

Sec. 301. Authorization of appropriations. 

Sec. 302. Effect of undisbursed block grant amounts on annual allocations. 

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. 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. 


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TITLE VII—DEMONSTRATION PROGRAM FOR ALTERNATIVE 

PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 

Sec. 701. Demonstration program. 

Sec. 702. Clerical amendments. 

TITLE VIII—HOUSING FOR NATIVE HAWAIIANS 

Sec. 801. Reauthorization of Native Hawaiian Homeownership Act. 

Sec. 802. Reauthorization of loan guarantees for Native Hawaiian housing. 

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 

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

8 4101 et seq.). 

9 TITLE I—BLOCK GRANTS AND 

10 GRANT REQUIREMENTS 

11 SEC. 101. BLOCK GRANTS. 

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

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

14 at the end the following: ‘‘The Secretary shall act 

15 upon a waiver request submitted under this sub16 section by a recipient within 60 days after receipt of 

17 such request.’’; and 

18 (2) in subsection (k), by striking ‘‘1’’ and in19 serting ‘‘an’’. 


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1 SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS 

2 TO ANNUAL INDIAN HOUSING PLAN RE3 QUIREMENT. 

4 Not later than the expiration of the 120-day period 

5 beginning on the date of the enactment of this Act and 

6 after consultation with Indian tribes, tribally designated 

7 housing entities, and other interested parties, the Sec8 retary of Housing and Urban Development shall submit 

9 to the Congress recommendations for standards and pro10 cedures for waiver of, or alternative requirements (which 

11 may include multi-year housing plans) for, the require12 ment under section 102(a) of the Native American Hous13 ing Assistance and Self-Determination Act of 1996 (25 

14 U.S.C. 4112(a)) for annual submission of one-year hous15 ing plans for an Indian tribe. Such recommendations shall 

16 include a description of any legislative and regulatory 

17 changes necessary to implement such recommendations. 

18 SEC. 103. ENVIRONMENTAL REVIEW. 

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

20 (1) in subsection (d)— 

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

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

23 (B) by adding after and below paragraph 

24 (4) the following: 


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1 ‘‘The Secretary shall act upon a waiver request submitted 

2 under this subsection by a recipient within 60 days after 

3 receipt of such request.’’; and 

4 (2) by adding at the end the following new sub5 section: 

6 ‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW

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

8 sources of Federal funds in addition to grant amounts 

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

10 an affordable housing activity under section 202, such 

11 other sources of Federal funds do not exceed 49 percent 

12 of the total cost of the project, and the recipient’s tribe 

13 has assumed all of the responsibilities for environmental 

14 review, decisionmaking, and action pursuant to this sec15 tion, the tribe’s compliance with the review requirements 

16 under this section and the National Environmental Policy 

17 Act of 1969 with regard to such project shall be deemed 

18 to fully comply with and discharge any applicable environ19 mental review requirements that might apply to Federal 

20 agencies with respect to the use of such additional Federal 

21 funding sources for that project.’’. 


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1 SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR AP2 PROVAL REGARDING EXCEEDING TDC MAX3 IMUM COST FOR PROJECT. 

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

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EX8 CEED TDC MAXIMUM.—A request for approval by the 

9 Secretary of Housing and Urban Development to exceed 

10 by more than 10 percent the total development cost max11 imum cost for a project shall be approved or denied during 

12 the 60-day period that begins on the date that the Sec13 retary receives the request.’’. 

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

15 amended— 

16 (1) by redesignating paragraph (22) as para17 graph (23); and 

18 (2) by inserting after paragraph (21) the fol19 lowing new paragraph: 

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

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

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

23 including all undertakings necessary for administra24 tion, planning, site acquisition, demolition, construc25 tion or equipment and financing (including payment 

26 of carrying charges), and for otherwise carrying out 


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1 the development of the project, excluding off-site 

2 water and sewer. The total development cost 

3 amounts shall be based on a moderately designed 

4 house and determined by averaging the current con5 struction costs as listed in not less than two nation6 ally recognized residential construction cost indi7 ces.’’. 

8 TITLE II—AFFORDABLE 

9 HOUSING ACTIVITIES 

10 SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 

11 The second paragraph (6) of section 201(b) (25 

12 U.S.C. 4131(b)(6); relating to exemption) is amended— 

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

14 ‘‘1964,’’; and 

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

16 and section 3 of the Housing and Urban Develop17 ment Act of 1968’’. 

18 SEC. 202. PROGRAM REQUIREMENTS. 

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

20 (1) in paragraph (1), by striking ‘‘paragraph 

21 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

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

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


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1 written policy governing rents and homebuyer pay2 ments charged for dwelling units and such policy in3 cludes a provision governing maximum rents or 

4 homebuyer payments.’’; 

5 SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN6 COME REQUIREMENT AND INCOME TAR7 GETING. 

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

9 (1) in subsection (a)(1)— 

10 (A) in subparagraph (C), by striking 

11 ‘‘and’’ at the end; and 

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

13 subparagraph: 

14 ‘‘(E) notwithstanding any other provision 

15 of this paragraph, in the case of rental housing 

16 that is made available to a current rental family 

17 for conversion to a homebuyer or a lease-pur18 chase unit, that the current rental family can 

19 purchase through a contract of sale, lease-pur20 chase agreement, or any other sales agreement, 

21 is made available for purchase only by the cur22 rent rental family, if the rental family was a 

23 low-income family at the time of their initial oc24 cupancy of such unit; and’’; and 


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

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

3 paragraph regarding binding commitments for the 

4 remaining useful life of the property shall not apply 

5 to improvements of privately owned homes if the 

6 cost of such improvements do not exceed 10 percent 

7 of the maximum total development cost for such 

8 home.’’. 

9 SEC. 204. LEASE REQUIREMENTS AND TENANT SELECTION. 

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

11 at the end the following new subsection: 

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

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

14 housing that is assisted in part with amounts provided 

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

16 of Federal funds shall only utilize leases that require a 

17 notice period for the termination of the lease pursuant to 

18 subsection (a)(3).’’. 

19 SEC. 205. TRIBAL COORDINATION OF AGENCY FUNDING. 

20 (a) IN GENERAL.—Subtitle A of title II (25 U.S.C. 

21 4131 et seq.) is amended by adding at the end the fol22 lowing new section: 

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

24 ‘‘Notwithstanding any other provision of law, a re25 cipient authorized to receive funding under this Act may, 


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1 in its discretion, use funding from the Indian Health Serv2 ice of the Department of Health and Human Services for 

3 construction of sanitation facilities for housing construc4 tion and renovation projects that are funded in part by 

5 funds provided under this Act.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) is amended by inserting after the item re8 lating to section 210 the following new item: 

‘‘Sec. 211. Tribal coordination of agency funding.’’. 

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 SEC. 302. EFFECT OF UNDISBURSED BLOCK GRANT 

18 AMOUNTS ON ANNUAL ALLOCATIONS. 

19 (a) IN GENERAL.—Title III (25 U.S.C. 4151 et seq.) 

20 is amended by adding at the end the following new section: 

21 ‘‘SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON 

22 ANNUAL ALLOCATIONS. 

23 ‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED

24 GRANT AMOUNTS.—Subject to subsection (d) of this sec25 tion, if as of January 1 of 2015 or any year thereafter 


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1 a recipient’s total amount of undisbursed block grants in 

2 the Department’s line of credit control system is greater 

3 than three times the formula allocation such recipient 

4 would otherwise receive under this Act for the fiscal year 

5 during which such January 1 occurs, the Secretary shall— 

6 ‘‘(1) before January 31 of such year, notify the 

7 Indian tribe allocated the grant amounts and any 

8 tribally designated housing entity for the tribe of the 

9 undisbursed funds; and 

10 ‘‘(2) require the recipient for the tribe to, not 

11 later than 30 days after the Secretary provides noti12 fication pursuant to paragraph (1)— 

13 ‘‘(A) notify the Secretary in writing of the 

14 reasons why the recipient has not requested the 

15 disbursement of such amounts; and 

16 ‘‘(B) demonstrate to the satisfaction of the 

17 Secretary that the recipient has the capacity to 

18 spend Federal funds in an effective manner, 

19 which demonstration may include evidence of 

20 the timely expenditure of amounts previously 

21 distributed under this Act to the recipient. 

22 ‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sec23 tions 301 and 302, the allocation for such fiscal year for 

24 a recipient described in subsection (a) shall be the amount 

25 initially calculated according to the formula minus the difVerDate Sep 11 2014 00:02 Dec 04, 2014 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4329.RFS H4329

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1 ference between the recipient’s total amount of 

2 undisbursed block grants in the Department’s line of cred3 it control system on such January 1 and three times the 

4 initial formula amount for such fiscal year. 

5 ‘‘(c) REALLOCATION.—Notwithstanding any other 

6 provision of law, any grant amounts not allocated to a re7 cipient pursuant to subsection (b) shall be allocated under 

8 the need component of the formula proportionately 

9 amount all other Indian tribes not subject to such an ad10 justment. 

11 ‘‘(d) INAPPLICABILITY.—Subsections (a) and (b) 

12 shall not apply to an Indian tribe with respect to any fiscal 

13 year for which the amount allocated for the tribe for block 

14 grants under this Act is less than $5,000,000. 

15 ‘‘(e) EFFECTIVENESS.—This section shall not require 

16 the issuance of any regulation to take effect and shall not 

17 be construed to confer hearing rights under this or any 

18 other section of this Act.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) is amended by inserting after the item re21 lating to section 302 the following new item: 

‘‘Sec. 303. Effect of undisbursed grant amounts on annual allocations.’’. 

22 TITLE IV—AUDITS AND REPORTS 

23 SEC. 401. REVIEW AND AUDIT BY SECRETARY. 

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

25 adding at the end the following new paragraph: 


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1 ‘‘(3) ISSUANCE OF FINAL REPORT.—The Sec2 retary shall issue a final report within 60 days after 

3 receiving comments under paragraph (1) from a re4 cipient.’’. 

5 SEC. 402. REPORTS TO CONGRESS. 

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

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

8 and inserting ‘‘Committee on Financial Services and 

9 the Committee on Natural Resources of the House 

10 of Representatives, to the Committee on Indian Af11 fairs and the Committee on Banking, Housing, and 

12 Urban Affairs of the Senate, and to any subcommit13 tees of such committees having jurisdiction with re14 spect to Native American and Alaska Native af15 fairs,’’; and 

16 (2) by adding at the end the following new sub17 section: 

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

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

20 publicly available to recipients.’’. 


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1 TITLE V—OTHER HOUSING AS2 SISTANCE FOR NATIVE AMER3 ICANS 

4 SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE HOUSING 

5 PROGRAM FOR NATIVE AMERICAN VET6 ERANS. 

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

8 Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend9 ed by adding at the end the following new subparagraph: 

10 ‘‘(D) NATIVE AMERICAN VETERANS.— 

11 ‘‘(i) AUTHORITY.—Of the funds made 

12 available for rental assistance under this 

13 subsection for fiscal year 2015 and each 

14 fiscal year thereafter, the Secretary shall 

15 set aside 5 percent for a supported housing 

16 and rental assistance program modeled on 

17 the HUD–Veterans Affairs Supportive 

18 Housing (HUD–VASH) program, to be 

19 administered in conjunction with the De20 partment of Veterans Affairs, for the ben21 efit of homeless Native American veterans 

22 and veterans at risk of homelessness. 

23 ‘‘(ii) RECIPIENTS.—Such rental as24 sistance shall be made available to recipi25 ents eligible to receive block grants under 


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1 the Native American Housing Assistance 

2 and Self-Determination Act of 1996 (25 

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

4 ‘‘(iii) FUNDING CRITERIA.—Funds 

5 shall be awarded based on need, adminis6 trative capacity, and any other funding cri7 teria established by the Secretary in a no8 tice published in the Federal Register, 

9 after consultation with the Secretary of 

10 Veterans Affairs, by a date sufficient to 

11 provide for implementation of the program 

12 under this subparagraph in accordance 

13 with clause (i). 

14 ‘‘(iv) PROGRAM REQUIREMENTS.— 

15 Such funds shall be administered by block 

16 grant recipients in accordance with pro17 gram requirements under Native American 

18 Housing Assistance and Self-Determina19 tion Act of 1996 in lieu of program re20 quirements under this Act. 

21 ‘‘(v) WAIVER.—The Secretary may 

22 waive, or specify alternative requirements 

23 for any provision of any statute or regula24 tion that the Secretary administers in con25 nection with the use of funds made availVerDate Sep 11 2014 00:02 Dec 04, 2014 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4329.RFS H4329

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1 able under this subparagraph, but only 

2 upon a finding by the Secretary that such 

3 waiver or alternative requirement is nec4 essary to promote administrative efficiency, 

5 eliminate delay, consolidate or eliminate 

6 duplicative or ineffective requirements or 

7 criteria, or otherwise provide for the effec8 tive delivery and administration of such 

9 supportive housing assistance to Native 

10 American veterans. 

11 ‘‘(vi) CONSULTATION.—The Secretary 

12 and the Secretary of Veterans Affairs shall 

13 jointly consult with block grant recipients 

14 and any other appropriate tribal organiza15 tions to— 

16 ‘‘(I) ensure that block grant re17 cipients administering funds made 

18 available under the program under 

19 this subparagraph are able to effec20 tively coordinate with providers of 

21 supportive services provided in con22 nection with such program; and 

23 ‘‘(II) ensure the effective delivery 

24 of supportive services to Native Amer25 ican veterans that are homeless or at 


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1 risk of homelessness eligible to receive 

2 assistance under this subparagraph. 

3 Consultation pursuant to this clause shall 

4 be completed by a date sufficient to pro5 vide for implementation of the program 

6 under this subparagraph in accordance 

7 with clause (i). 

8 ‘‘(vii) NOTICE.—The Secretary shall 

9 establish the requirements and criteria for 

10 the supported housing and rental assist11 ance program under this subparagraph by 

12 notice published in the Federal Register, 

13 but shall provide Indian tribes and tribally 

14 designated housing agencies an oppor15 tunity for comment and consultation before 

16 publication of a final notice pursuant to 

17 this clause.’’. 

18 SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING. 

19 Section 184(i)(5) of the Housing and Community De20 velopment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 

21 amended— 

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

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

24 ‘‘There are authorized to be appropriated for such 


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

2 through 2018.’’; and 

3 (2) in subparagraph (C)— 

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

5 inserting ‘‘2014 through 2018’’; and 

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

7 provided in appropriation Acts for’’ and insert8 ing ‘‘$976,000,000 for each’’. 

9 TITLE VI—MISCELLANEOUS 

10 SEC. 601. LANDS TITLE REPORT COMMISSION. 

11 Section 501 of the American Homeownership and 

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

13 is amended— 

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

15 sums being provided in advance in appropriations 

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

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

18 and inserting ‘‘the Native American Housing Assist19 ance and Self-Determination Reauthorization Act of 

20 2014’’. 

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

22 NATION. 

23 Section 801 of the Native American Housing Assist24 ance and Self-Determination Reauthorization Act of 2008 

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1 porary Order and Temporary Injunction issued on May 

2 14, 2007, by the District Court of the Cherokee Nation’’ 

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

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

5 SEC. 603. LEASEHOLD INTEREST IN TRUST OR RESTRICTED 

6 LANDS FOR HOUSING PURPOSES. 

7 Section 702 (25 U.S.C. 4211) is amended— 

8 (1) in subsection (c)(1), by inserting ‘‘, whether 

9 enacted before, on, or after the date of the enact10 ment of this section’’ after ‘‘law’’; and 

11 (2) by striking ‘‘50 years’’ each place such term 

12 appears and inserting ‘‘99 years’’. 

13 SEC. 604. CLERICAL AMENDMENT. 

14 The table of contents in section 1(b) is amended by 

15 striking the item relating to section 206 (treatment of 

16 funds). 

17 TITLE VII—DEMONSTRATION 

18 PROGRAM FOR ALTERNATIVE 

19 PRIVATIZATION AUTHORITY 

20 FOR NATIVE AMERICAN 

21 HOUSING 

22 SEC. 701. DEMONSTRATION PROGRAM. 

23 Add at the end of the Act the following new title: 


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1 ‘‘TITLE IX—DEMONSTRATION 

2 PROGRAM FOR ALTERNATIVE 

3 PRIVATIZATION AUTHORITY 

4 FOR NATIVE AMERICAN 

5 HOUSING 

6 ‘‘SEC. 901. AUTHORITY. 

7 ‘‘(a) IN GENERAL.—In addition to any other author8 ity provided in this Act for the construction, development, 

9 maintenance, and operation of housing for Indian families, 

10 the Secretary shall provide the participating tribes having 

11 final plans approved pursuant to section 905 with the au12 thority to exercise the activities provided under this title 

13 and such plan for the acquisition and development of 

14 housing to meet the needs of tribal members. 

15 ‘‘(b) INAPPLICABILITY OF NAHASDA PROVI16 SIONS.—Except as specifically provided otherwise in this 

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

18 a participating tribe’s use of funds during any period that 

19 the tribe is participating in the demonstration program 

20 under this title. 

21 ‘‘(c) CONTINUED APPLICABILITY OF CERTAIN

22 NAHASDA PROVISIONS.—The following provisions of ti23 tles I through VIII shall apply to the demonstration pro24 gram under this title and amounts made available under 

25 the demonstration program under this title: 


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1 ‘‘(1) Subsections (d) and (e) of section 101 (re2 lating to tax exemption). 

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

4 sources). 

5 ‘‘(3) Section 101(k) (relating to tribal pref6 erence in employment and contracting). 

7 ‘‘(4) Section 104 (relating to treatment of pro8 gram income and labor standards). 

9 ‘‘(5) Section 105 (relating to environmental re10 view). 

11 ‘‘(6) Section 201(b) (relating to eligible fami12 lies), except as otherwise provided in this title. 

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

14 exemption for procurement of goods and services). 

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

16 interests in trust or restricted lands for housing pur17 poses). 

18 ‘‘SEC. 902. PARTICIPATING TRIBES. 

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

20 participate in the demonstration program under this title, 

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

22 intention to participate during the 60-day period begin23 ning on the date of the enactment of this title, in such 

24 form and such manner as the Secretary shall provide. 


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

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

3 participation in the demonstration program under this 

4 title, the Secretary shall enter into a cooperative agree5 ment with the participating tribe that provides such tribe 

6 with the authority to carry out activities under the dem7 onstration program. 

8 ‘‘(c) LIMITATION.—The Secretary may not approve 

9 more than 20 Indian tribes for participation in the dem10 onstration program under this title. 

11 ‘‘SEC. 903. REQUEST FOR QUOTES AND SELECTION OF IN12 VESTOR PARTNER. 

13 ‘‘(a) REQUEST FOR QUOTES.—Not later than the ex14 piration of the 180-day period beginning upon notification 

15 to the Secretary by an Indian tribe of intention to partici16 pate in the demonstration program under this title, the 

17 Indian tribe shall— 

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

19 assessing the housing needs, including the affordable 

20 housing needs, of the tribe; and 

21 ‘‘(2) release a request for quotations from enti22 ties interested in partnering with the tribe in design23 ing and carrying out housing activities sufficient to 

24 meet the tribe’s housing needs as identified pursuant 

25 to paragraph (1). 


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

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), not later than the expiration of the 18- 

4 month period beginning on the date of the enact5 ment of this title, an Indian tribe requesting to par6 ticipate in the demonstration program under this 

7 title shall— 

8 ‘‘(A) select an investor partner from 

9 among the entities that have responded to the 

10 tribe’s request for quotations; and 

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

12 establish and submit to the Secretary a final 

13 plan that meets the requirements under section 

14 904. 

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

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

17 ‘‘(A) has not received any satisfactory 

18 quotation in response to its request released 

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

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

21 determined by the Secretary, for failure to se22 lect an investor partner. 

23 ‘‘SEC. 904. FINAL PLAN. 

24 ‘‘A final plan under this section shall— 


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

2 the investor partner for the tribe selected pursuant 

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

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

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

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

7 projected housing needs, including affordable hous8 ing needs, of the tribe, which shall include— 

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

10 ensuing 24 months and thereafter until the ex11 piration of the ensuing 5-year period or until 

12 the affordable housing need is met, whichever 

13 occurs sooner; and 

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

15 required under section 102 to be included in an 

16 Indian housing plan for the tribe, as such re17 quirements may be modified by the Secretary to 

18 take consideration of the requirements of the 

19 demonstration program under this title; 

20 ‘‘(4) provide for specific housing activities suffi21 cient to meet the tribe’s housing needs, including af22 fordable housing needs, as identified pursuant to 

23 paragraph (3) within the periods referred to such 

24 paragraph, which shall include— 


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

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

3 U.S.C. 4103)); 

4 ‘‘(B) development of conventional homes 

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

6 combined with affordable housing developed 

7 pursuant to subparagraph (A); 

8 ‘‘(C) development of housing infrastruc9 ture, including housing infrastructure sufficient 

10 to serve affordable housing developed under the 

11 plan; and 

12 ‘‘(D) investments by the investor partner 

13 for the tribe, the participating tribe, members 

14 of the participating tribe, and financial institu15 tions and other outside investors necessary to 

16 provide financing for the development of hous17 ing under the plan and for mortgages for tribal 

18 members purchasing such housing; 

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

20 agree to provide long-term leases to tribal members 

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

22 sale of, the housing developed pursuant to paragraph 

23 (4); 

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


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

2 mortgage agreements for housing developed 

3 under the plan that are financed under the plan 

4 and entered into by tribal members; and 

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

6 mortgages, take possession of such housing and 

7 have the responsibility for making such housing 

8 available to other tribal members; 

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

10 determination of the Secretary, to ensure that the 

11 tribe and the Federal Government are not liable for 

12 the acts of the investor partner or of any contrac13 tors; 

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

15 have sole final approval of design and location of 

16 housing developed under the plan; 

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

18 for activities to be undertaken under the plan and 

19 set forth the responsibilities of the participating 

20 tribe and the investor partner; 

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

22 return on investment by the investor partner and 

23 other investors under the plan, and provide that the 

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1 cated for the tribe pursuant to title III for such re2 turn on investment; 

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

4 agreement on the operation and management of the 

5 current assistance housing stock and current hous6 ing stock for the tribe assisted under the preceding 

7 titles of this Act; 

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

9 housing of the participating tribe under section 907 

10 and, if included, plans sufficient to meet the require11 ments of section 907 regarding meeting future af12 fordable housing needs of the tribe; 

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

14 plan, including an agreement regarding jurisdiction 

15 of any actions under or to enforce the plan, includ16 ing a waiver of immunity; and 

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

18 participating tribe and investor partner consider ap19 propriate. 

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

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

22 the 90-day period beginning upon a submission by an In23 dian tribe of a final plan under section 904 to the Sec24 retary, the Secretary shall— 


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

2 the tribe solicited requests for quotations from inves3 tors and selected the investor partner; and 

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

5 determines that— 

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

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

8 the plan pursuant to section 904(3), is inac9 curate or insufficient; 

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

11 solicit requests for quotations and select an in12 vestor partner was insufficient or negligent; or 

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

14 housing needs of the tribe, as identified in the 

15 plan pursuant to section 904(3); 

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

17 the participating tribe and the investor make such 

18 revisions to the plan as the Secretary may specify as 

19 appropriate to meet the needs of the tribe for afford20 able housing; or 

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

22 determines that the plan fails to meet the minimal 

23 housing standards and requirements set forth in this 

24 Act and the Secretary notifies the tribe of the ele25 ments requiring the disapproval. 


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1 ‘‘(b) ACTION UPON DISAPPROVAL.— 

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

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

4 final plan of an Indian tribe pursuant to subsection 

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

6 of 180 days from notification to the tribe of such 

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

8 ‘‘(2) LIMITATION.—If the final plan for an In9 dian tribe is disapproved twice and resubmitted 

10 twice pursuant to the authority under paragraph (1) 

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

12 Secretary disapproves the plan, the tribe may not re13 submit the plan again and shall be ineligible to par14 ticipate in the demonstration program under this 

15 title. 

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

17 LOCATION.—The Secretary may not disapprove a final 

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

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

20 be developed or assisted under the plan. 

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

22 not notify a participating tribe submitting a final plan of 

23 approval, conditional approval, or disapproval of the plan 

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1 graph (1), the plan shall be considered as approved for 

2 all purposes of this title. 

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

4 ‘‘Amounts otherwise allocated for a participating 

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

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

7 through VIII , but shall only be available for the tribe, 

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

9 for the following purposes: 

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

11 as are pledged by a participating tribe pursuant to 

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

13 by the investor partner or other investors may be 

14 used by the Secretary to ensure such full return on 

15 investment. 

16 ‘‘(2) ADMINISTRATIVE EXPENSES.—The Sec17 retary may provide to a participating tribe, upon the 

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

19 annual allocation made under title III for the tribe 

20 during such period for administrative costs of the 

21 tribe in completing the processes to carry out sec22 tions 903 and 904. 

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

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1 ing infrastructure costs associated with providing af2 fordable housing for the tribe under the final plan. 

3 ‘‘(4) MAINTENANCE; TENANT SERVICES.—A 

4 participating tribe may use such amounts for main5 tenance of affordable housing for the tribe and for 

6 housing services, housing management services, and 

7 crime prevention and safety activities described in 

8 paragraphs (3), (4), and (5), respectively, of section 

9 202. 

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

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

12 participating tribe may, in accordance with the provisions 

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

14 905, resell any affordable housing developed with assist15 ance made available under this Act for use other than as 

16 affordable housing, but only if the tribe provides such as17 surances as the Secretary determines are appropriate to 

18 ensure that— 

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

20 housing; 

21 ‘‘(2) will provide affordable housing in the fu22 ture sufficient to meet future affordable housing 

23 needs; and 


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1 ‘‘(3) will use any proceeds only to meet such fu2 ture affordable housing needs or as provided in sec3 tion 906. 

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

5 ‘‘(a) ANNUAL REPORTS BY TRIBE.—Each partici6 pating tribe shall submit a report to the Secretary annu7 ally regarding the progress of the tribe in complying with, 

8 and meeting the deadlines and schedules set forth under 

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

10 contain such information as the Secretary shall require. 

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

12 submit a report to the Congress annually describing the 

13 activities and progress of the demonstration program 

14 under this title, which shall— 

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

16 submitted by participating tribes pursuant to sub17 section (a); 

18 ‘‘(2) identify the number of tribes that have se19 lected an investor partner pursuant to a request for 

20 quotations; 

21 ‘‘(3) include, for each tribe applying for partici22 pating in the demonstration program whose final 

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

24 detailed description and explanation of the reasons 

25 for disapproval and all actions taken by the tribe to 


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1 eliminate the reasons for disapproval, and identify 

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

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

4 amounts requested and approved for use under sec5 tion 906; and 

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

7 terminated participation in the demonstration pro8 gram and the circumstances of such terminations. 

9 ‘‘(c) AUDITS.—The Secretary shall provide for audits 

10 among participating tribes to ensure that the final plans 

11 for such tribes are being implemented and complied with. 

12 Such audits shall include on-site visits with participating 

13 tribes and requests for documentation appropriate to en14 sure such compliance. 

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

16 ‘‘(a) TERMINATION OF PARTICIPATION.—A partici17 pating tribe may terminate participation in the demonstra18 tion program under this title at any time, subject to this 

19 section. 

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

21 ‘‘(1) NO AUTOMATIC TERMINATION.—Termi22 nation by a participating tribe in the demonstration 

23 program under this section shall not terminate any 

24 obligations of the tribe under agreements entered 

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1 vestor partner for the tribe or any other investors or 

2 contractors. 

3 ‘‘(2) AUTHORITY TO MUTUALLY TERMINATE

4 AGREEMENTS.—Nothing in this title may be con5 strued to prevent a tribe that terminates participa6 tion in the demonstration program under this sec7 tion and any party with which the tribe has entered 

8 into an agreement from mutually agreeing to termi9 nate such agreement. 

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

11 The Secretary shall provide for grants to be made in ac12 cordance with, and subject to the requirements of, this Act 

13 for any amounts remaining after use pursuant to section 

14 906 from the allocation under title III for a participating 

15 tribe that terminates participation in the demonstration 

16 program. 

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

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

19 Indian tribe during its participation in the demonstration 

20 program under this title. 

21 ‘‘SEC. 910. FINAL REPORT. 

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

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

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1 garding the effectiveness of the demonstration program, 

2 which shall include— 

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

4 demonstration program, of participating tribes in 

5 meeting their housing needs, including affordable 

6 housing needs, on tribal land; 

7 ‘‘(2) recommendations for any improvements in 

8 the demonstration program; and 

9 ‘‘(3) a determination of whether the demonstra10 tion should be expanded into a permanent program 

11 available for Indian tribes to opt into at any time 

12 and, if so, recommendations for such expansion, in13 cluding any legislative actions necessary to expand 

14 the program. 

15 ‘‘SEC. 911. DEFINITIONS. 

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

17 shall apply: 

18 ‘‘(1) AFFORDABLE HOUSING.—The term ‘af19 fordable housing’ has the meaning given such term 

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

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

22 ‘housing infrastructure’ means basic facilities, serv23 ices, systems, and installations necessary or appro24 priate for the functioning of a housing community, 

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1 tions for water, sewage, power, communications, and 

2 transportation. 

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

4 lease’ means an agreement between a participating 

5 tribe and a tribal member that authorizes the tribal 

6 member to occupy a specific plot of tribal lands for 

7 50 or more years and to request renewal of the 

8 agreement at least once. 

9 ‘‘(4) PARTICIPATING TRIBES.—The term ‘par10 ticipating tribe’ means an Indian tribe for which a 

11 final plan under section 904 for participation in the 

12 demonstration program under this title has been ap13 proved by the Secretary under section 905. 

14 ‘‘SEC. 912. NOTICE. 

15 ‘‘The Secretary shall establish any requirements and 

16 criteria as may be necessary to carry out the demonstra17 tion program under this title by notice published in the 

18 Federal Register.’’. 

19 SEC. 702. CLERICAL AMENDMENTS. 

20 The table of contents in section 1(b) is amended by 

21 inserting after the item relating to section 705 the fol22 lowing: 

‘‘TITLE VIII—HOUSING ASSISTANCE FOR NATIVE HAWAIIANS 

‘‘Sec. 801. Definitions. 

‘‘Sec. 802. Block grants for affordable housing activities. 

‘‘Sec. 803. Housing plan. 

‘‘Sec. 804. Review of plans. 

‘‘Sec. 805. Treatment of program income and labor standards. 

‘‘Sec. 806. Environmental review. 


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‘‘Sec. 807. Regulations. 

‘‘Sec. 808. Effective date. 

‘‘Sec. 809. Affordable housing activities. 

‘‘Sec. 810. Eligible affordable housing activities. 

‘‘Sec. 811. Program requirements. 

‘‘Sec. 812. Types of investments. 

‘‘Sec. 813. Low-income requirement and income targeting. 

‘‘Sec. 814. Lease requirements and tenant selection. 

‘‘Sec. 815. Repayment. 

‘‘Sec. 816. Annual allocation. 

‘‘Sec. 817. Allocation formula. 

‘‘Sec. 818. Remedies for noncompliance. 

‘‘Sec. 819. Monitoring of compliance. 

‘‘Sec. 820. Performance reports. 

‘‘Sec. 821. Review and audit by Secretary. 

‘‘Sec. 822. General Accounting Office audits. 

‘‘Sec. 823. Reports to Congress. 

‘‘Sec. 824. Authorization of appropriations. 

‘‘TITLE IX —DEMONSTRATION PROGRAM FOR ALTERNATIVE 

PRIVATIZATION AUTHORITY FOR NATIVE AMERICAN HOUSING 

‘‘Sec. 901. Authority. 

‘‘Sec. 902. Participating tribes. 

‘‘Sec. 903. Request for quotes and selection of investor partner. 

‘‘Sec. 904. Final plan. 

‘‘Sec. 905. HUD review and approval of plan. 

‘‘Sec. 906. Treatment of NAHASDA allocation. 

‘‘Sec. 907. Resale of affordable housing. 

‘‘Sec. 908. Reports, audits, and compliance. 

‘‘Sec. 909. Termination of tribal participation. 

‘‘Sec. 910. Final report. 

‘‘Sec. 911. Definitions. 

‘‘Sec. 912. Notice.’’. 

1 TITLE VIII—HOUSING FOR 

2 NATIVE HAWAIIANS 

3 SEC. 801. REAUTHORIZATION OF NATIVE HAWAIIAN HOME4 OWNERSHIP ACT. 

5 Section 824 (25 U.S.C. 4243) is amended by striking 

6 ‘‘such sums as may be necessary’’ and all that follows 

7 through the period at the end and inserting ‘‘$13,000,000 

8 for each of fiscal years 2015 through 2019.’’. 


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1 SEC. 802. REAUTHORIZATION OF LOAN GUARANTEES FOR 

2 NATIVE HAWAIIAN HOUSING. 

3 Section 184A(j)(5) of the Housing and Community 

4 Development Act of 1992 (12 U.S.C. 1715z–13b(j)(5)) is 

5 amended— 

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

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

8 ‘‘There are authorized to be appropriated for such 

9 costs $386,000 for each of fiscal years 2015 through 

10 2019.’’; and 

11 (2) in subparagraph (C), by striking ‘‘for each 

12 of fiscal years’’ and all that follows through the pe13 riod at the end and inserting ‘‘for each of fiscal 

14 years 2015 through 2019 with an aggregate out15 standing principal amount not exceeding 

16 $41,504,000 for each such fiscal year.’’. 

Passed the House of Representatives December 2, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


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