‘‘(c) TRIBE AUTHORITY OF HOUSING DESIGN AND LO-
CATION.—The Secretary may not disapprove a final plan 
under section 904, or condition approval of such a plan, 
based on the design or location of any housing to be devel-
oped or assisted under the plan. 
‘‘(d) FAILURE TO NOTIFY.—If the Secretary does not 
notify a participating tribe submitting a final plan of ap-
proval, conditional approval, or disapproval of the plan be-
fore the expiration of the period referred to in paragraph 
(1), the plan shall be considered as approved for all pur-
poses of this title. 
‘‘SEC. 906. TREATMENT OF NAHASDA ALLOCATION. 
‘‘Amounts otherwise allocated for a participating tribe 
under title III of this Act (25 U.S.C. 4151 et seq.) shall 
not be made available to the tribe under titles I through 
VIII , but shall only be available for the tribe, upon request 
by the tribe and approval by the Secretary, for the following 
purposes: 
‘‘(1) RETURN ON INVESTMENT.—Such amounts 
as are pledged by a participating tribe pursuant to 
section 904(10) for return on the investment made by 
the investor partner or other investors may be used by 
the Secretary to ensure such full return on invest-
ment. 
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‘‘(2) ADMINISTRATIVE
EXPENSES.—The Sec-
retary may provide to a participating tribe, upon the 
request of a tribe, not more than 10 percent of any 
annual allocation made under title III for the tribe 
during such period for administrative costs of the 
tribe in completing the processes to carry out sections 
903 and 904. 
‘‘(3) HOUSING INFRASTRUCTURE COSTS.—A par-
ticipating tribe may use such amounts for housing in-
frastructure costs associated with providing affordable 
housing for the tribe under the final plan. 
‘‘(4) MAINTENANCE; TENANT SERVICES.—A par-
ticipating tribe may use such amounts for mainte-
nance of affordable housing for the tribe and for hous-
ing services, housing management services, and crime 
prevention and safety activities described in para-
graphs (3), (4), and (5), respectively, of section 202. 
‘‘SEC. 907. RESALE OF AFFORDABLE HOUSING. 
‘‘Notwithstanding any other provision of this Act, a 
participating tribe may, in accordance with the provisions 
of the final plan of the tribe approved pursuant to section 
905, resell any affordable housing developed with assistance 
made available under this Act for use other than as afford-
able housing, but only if the tribe provides such assurances 
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as the Secretary determines are appropriate to ensure 
that— 
‘‘(1) the tribe is meeting its need for affordable 
housing; 
‘‘(2) will provide affordable housing in the future 
sufficient to meet future affordable housing needs; and 
‘‘(3) will use any proceeds only to meet such fu-
ture affordable housing needs or as provided in sec-
tion 906. 
‘‘SEC. 908. REPORTS, AUDITS, AND COMPLIANCE. 
‘‘(a) ANNUAL REPORTS
BY TRIBE.—Each partici-
pating tribe shall submit a report to the Secretary annually 
regarding the progress of the tribe in complying with, and 
meeting the deadlines and schedules set forth under the ap-
proved final plan for the tribe. Such reports shall contain 
such information as the Secretary shall require. 
‘‘(b) REPORTS TO CONGRESS.—The Secretary shall 
submit a report to the Congress annually describing the ac-
tivities and progress of the demonstration program under 
this title, which shall— 
‘‘(1) summarize the information in the reports 
submitted by participating tribes pursuant to sub-
section (a); 
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‘‘(2) identify the number of tribes that have se-
lected an investor partner pursuant to a request for 
quotations; 
‘‘(3) include, for each tribe applying for partici-
pating in the demonstration program whose final 
plan was disapproved under section 905(a)(2)(C), a 
detailed description and explanation of the reasons 
for disapproval and all actions taken by the tribe to 
eliminate the reasons for disapproval, and identify 
whether the tribe has re-submitted a final plan; 
‘‘(4) identify, by participating tribe, any 
amounts requested and approved for use under section 
906; and 
‘‘(5) identify any participating tribes that have 
terminated participation in the demonstration pro-
gram and the circumstances of such terminations. 
‘‘(c) AUDITS.—The Secretary shall provide for audits 
among participating tribes to ensure that the final plans 
for such tribes are being implemented and complied with. 
Such audits shall include on-site visits with participating 
tribes and requests for documentation appropriate to ensure 
such compliance. 
‘‘SEC. 909. TERMINATION OF TRIBAL PARTICIPATION. 
‘‘(a) TERMINATION
OF PARTICIPATION.—A partici-
pating tribe may terminate participation in the demonstra-
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tion program under this title at any time, subject to this 
section. 
‘‘(b) EFFECT ON EXISTING OBLIGATIONS.— 
‘‘(1) NO
AUTOMATIC
TERMINATION.—Termi-
nation by a participating tribe in the demonstration 
program under this section shall not terminate any 
obligations of the tribe under agreements entered into 
under the demonstration program with the investor 
partner for the tribe or any other investors or con-
tractors. 
‘‘(2) AUTHORITY
TO
MUTUALLY
TERMINATE 
AGREEMENTS.—Nothing in this title may be con-
strued to prevent a tribe that terminates participa-
tion in the demonstration program under this section 
and any party with which the tribe has entered into 
an agreement from mutually agreeing to terminate 
such agreement. 
‘‘(c) RECEIPT OF REMAINING GRANT AMOUNTS.—The 
Secretary shall provide for grants to be made in accordance 
with, and subject to the requirements of, this Act for any 
amounts remaining after use pursuant to section 906 from 
the allocation under title III for a participating tribe that 
terminates participation in the demonstration program. 
‘‘(d) COSTS AND OBLIGATIONS.—The Secretary shall 
not be liable for any obligations or costs incurred by an 
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Indian tribe during its participation in the demonstration 
program under this title. 
‘‘SEC. 910. FINAL REPORT. 
‘‘Not later than the expiration of the 5-year period be-
ginning on the date of the enactment of this title, the Sec-
retary shall submit a final report to the Congress regarding 
the effectiveness of the demonstration program, which shall 
include— 
‘‘(1) an assessment of the success, under the dem-
onstration program, of participating tribes in meet-
ing their housing needs, including affordable housing 
needs, on tribal land; 
‘‘(2) recommendations for any improvements in 
the demonstration program; and 
‘‘(3) a determination of whether the demonstra-
tion should be expanded into a permanent program 
available for Indian tribes to opt into at any time 
and, if so, recommendations for such expansion, in-
cluding any legislative actions necessary to expand 
the program. 
‘‘SEC. 911. DEFINITIONS. 
‘‘For purposes of this title, the following definitions 
shall apply: 
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‘‘(1) AFFORDABLE HOUSING.—The term ‘afford-
able housing’ has the meaning given such term in sec-
tion 4 (25 U.S.C. 4103). 
‘‘(2) HOUSING
INFRASTRUCTURE.—The term 
‘housing infrastructure’ means basic facilities, serv-
ices, systems, and installations necessary or appro-
priate for the functioning of a housing community, 
including facilities, services, systems, and installa-
tions for water, sewage, power, communications, and 
transportation. 
‘‘(3) LONG-TERM LEASE.—The term ‘long-term 
lease’ means an agreement between a participating 
tribe and a tribal member that authorizes the tribal 
member to occupy a specific plot of tribal lands for 
50 or more years and to request renewal of the agree-
ment at least once. 
‘‘(4) PARTICIPATING TRIBES.—The term ‘partici-
pating tribe’ means an Indian tribe for which a final 
plan under section 904 for participation in the dem-
onstration program under this title has been approved 
by the Secretary under section 905. 
‘‘SEC. 912. NOTICE. 
‘‘The Secretary shall establish any requirements and 
criteria as may be necessary to carry out the demonstration 
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program under this title by notice published in the Federal 
Register.’’. 
SEC. 702. CLERICAL AMENDMENTS. 
The table of contents in section 1(b) is amended by 
inserting after the item relating to section 705 the following: 
‘‘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. 
‘‘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.’’. 
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Union Calendar No. 468 
113TH CONGRESS 
2D SESSION 
H. R. 4329 
[Report No. 113–628] 
A BILL 
To reauthorize the Native American Housing As-
sistance and Self-Determination Act of 1996, 
and for other purposes. 
NOVEMBER 20, 2014 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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