I 
115TH CONGRESS 
1ST SESSION H. R. 3864 
To reauthorize the Native American Housing Assistance and Self- 
Determination Act of 1996, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2017 
Mr. PEARCE (for himself, Ms. MOORE, Mr. YOUNG of Alaska, Mr. NOLAN, Ms. 
GABBARD, Ms. HANABUSA, Mr. HECK, Mr. COLE, and Ms. MCCOLLUM) 
introduced the following bill; which was referred to the Committee on Fi-
nancial Services 
A BILL 
To reauthorize the Native American Housing Assistance and 
Self-Determination Act of 1996, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Native American Housing Assistance and Self-Deter-
mination Reauthorization Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
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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 Amer-
ican veterans. 
Sec. 502. Loan guarantees for Indian housing. 
TITLE VI—MISCELLANEOUS 
Sec. 601. Lands Title Report Commission. 
Sec. 602. Leasehold interest in trust or restricted lands for housing purposes. 
Sec. 603. Clerical amendment. 
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. 
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
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sion, the reference shall be considered to be made to a 
section or other provision of the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4101 et seq.). 
TITLE I—BLOCK GRANTS AND 
GRANT REQUIREMENTS 
SEC. 101. BLOCK GRANTS. 
Section 101 (25 U.S.C. 4111) is amended— 
(1) in subsection (c), by adding after the period 
at the end the following: ‘‘The Secretary shall act 
upon a waiver request submitted under this sub-
section by a recipient within 60 days after receipt of 
such request.’’; and 
(2) in subsection (k), by striking ‘‘1’’ and in-
serting ‘‘an’’. 
SEC. 102. RECOMMENDATIONS REGARDING EXCEPTIONS 
TO ANNUAL INDIAN HOUSING PLAN RE-
QUIREMENT. 
Not later than the expiration of the 120-day period 
beginning on the date of the enactment of this Act and 
after consultation with Indian tribes, tribally designated 
housing entities, and other interested parties, the Sec-
retary of Housing and Urban Development shall submit 
to the Congress recommendations for standards and pro-
cedures for waiver of, or alternative requirements (which 
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may include multi-year housing plans) for, the require-
ment under section 102(a) of the Native American Hous-
ing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4112(a)) for annual submission of one-year hous-
ing plans for an Indian tribe. Such recommendations shall 
include a description of any legislative and regulatory 
changes necessary to implement such recommendations. 
SEC. 103. ENVIRONMENTAL REVIEW. 
Section 105 (25 U.S.C. 4115) is amended— 
(1) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘may’’ and inserting ‘‘shall’’; and 
(B) by adding after and below paragraph 
(4) the following: 
‘‘The Secretary shall act upon a waiver request submitted 
under this subsection by a recipient within 60 days after 
receipt of such request.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) CONSOLIDATION OF ENVIRONMENTAL REVIEW 
REQUIREMENTS.—If a recipient is using one or more 
sources of Federal funds in addition to grant amounts 
under this Act in carrying out a project that qualifies as 
an affordable housing activity under section 202, such 
other sources of Federal funds do not exceed 49 percent 
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of the total cost of the project, and the recipient’s tribe 
has assumed all of the responsibilities for environmental 
review, decisionmaking, and action pursuant to this sec-
tion, the tribe’s compliance with the review requirements 
under this section and the National Environmental Policy 
Act of 1969 with regard to such project shall be deemed 
to fully comply with and discharge any applicable environ-
mental review requirements that might apply to Federal 
agencies with respect to the use of such additional Federal 
funding sources for that project.’’. 
SEC. 104. DEADLINE FOR ACTION ON REQUEST FOR AP-
PROVAL REGARDING EXCEEDING TDC MAX-
IMUM COST FOR PROJECT. 
(a) APPROVAL.—Section 103 (25 U.S.C. 4113) is 
amended by adding at the end the following new sub-
section: 
‘‘(f) DEADLINE FOR ACTION ON REQUEST TO EX-
CEED TDC MAXIMUM.—A request for approval by the 
Secretary of Housing and Urban Development to exceed 
by more than 10 percent the total development cost max-
imum cost for a project shall be approved or denied during 
the 60-day period that begins on the date that the Sec-
retary receives the request.’’. 
(b) DEFINITION.—Section 4 (25 U.S.C. 4103) is 
amended— 
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(1) by redesignating paragraph (22) as para-
graph (23); and 
(2) by inserting after paragraph (21) the fol-
lowing new paragraph: 
‘‘(22) TOTAL DEVELOPMENT COST.—The term 
‘total development cost’ means, with respect to a 
housing project, the sum of all costs for the project, 
including all undertakings necessary for administra-
tion, planning, site acquisition, demolition, construc-
tion or equipment and financing (including payment 
of carrying charges), and for otherwise carrying out 
the development of the project, excluding off-site 
water and sewer. The total development cost 
amounts shall be based on a moderately designed 
house and determined by averaging the current con-
struction costs as listed in not less than two nation-
ally recognized residential construction cost indi-
ces.’’. 
TITLE II—AFFORDABLE 
HOUSING ACTIVITIES 
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES. 
The second paragraph (6) of section 201(b) (25 
U.S.C. 4131(b)(6); relating to exemption) is amended— 
(1) by striking ‘‘1964 and’’ and inserting 
‘‘1964,’’; and 
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(2) by inserting after ‘‘1968’’ the following: ‘‘, 
and section 3 of the Housing and Urban Develop-
ment Act of 1968’’. 
SEC. 202. PROGRAM REQUIREMENTS. 
Section 203(a) (25 U.S.C. 4133(a)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) APPLICATION
OF
TRIBAL
POLICIES.— 
Paragraph (2) shall not apply if the recipient has a 
written policy governing rents and homebuyer pay-
ments charged for dwelling units and such policy in-
cludes a provision governing maximum rents or 
homebuyer payments.’’. 
SEC. 203. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-IN-
COME 
REQUIREMENT 
AND 
INCOME 
TAR-
GETING. 
Section 205 (25 U.S.C. 4135) is amended— 
(1) in subsection (a)(1)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; and 
(B) by adding at the end the following new 
subparagraph: 
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‘‘(E) notwithstanding any other provision 
of this paragraph, in the case of rental housing 
that is made available to a current rental family 
for conversion to a homebuyer or a lease-pur-
chase unit, that the current rental family can 
purchase through a contract of sale, lease-pur-
chase agreement, or any other sales agreement, 
is made available for purchase only by the cur-
rent rental family, if the rental family was a 
low-income family at the time of their initial oc-
cupancy of such unit; and’’; and 
(2) in subsection (c), by adding after the period 
at the end the following: ‘‘The provisions of such 
paragraph regarding binding commitments for the 
remaining useful life of the property shall not apply 
to improvements of privately owned homes if the 
cost of such improvements do not exceed 10 percent 
of the maximum total development cost for such 
home.’’. 
SEC. 204. LEASE REQUIREMENTS AND TENANT SELECTION. 
Section 207 (25 U.S.C. 4137) is amended by adding 
at the end the following new subsection: 
‘‘(c) NOTICE
OF TERMINATION.—Notwithstanding 
any other provision of law, the owner or manager of rental 
housing that is assisted in part with amounts provided 
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under this Act and in part with one or more other sources 
of Federal funds shall only utilize leases that require a 
notice period for the termination of the lease pursuant to 
subsection (a)(3).’’. 
SEC. 205. TRIBAL COORDINATION OF AGENCY FUNDING. 
(a) IN GENERAL.—Subtitle A of title II (25 U.S.C. 
4131 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 211. TRIBAL COORDINATION OF AGENCY FUNDING. 
‘‘Notwithstanding any other provision of law, a re-
cipient authorized to receive funding under this Act may, 
in its discretion, use funding from the Indian Health Serv-
ice of the Department of Health and Human Services for 
construction of sanitation facilities for housing construc-
tion and renovation projects that are funded in part by 
funds provided under this Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is amended by inserting after the item re-
lating to section 210 the following new item: 
‘‘Sec. 211. Tribal coordination of agency funding.’’. 
TITLE III—ALLOCATION OF 
GRANT AMOUNTS 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
The first sentence of section 108 (25 U.S.C. 4117) 
is amended by striking ‘‘such sums as may be necessary 
for each of fiscal years 2009 through 2013’’ and inserting 
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‘‘$650,000,000 for each of fiscal years 2018 through 
2022’’. 
SEC. 
302. 
EFFECT 
OF 
UNDISBURSED 
BLOCK 
GRANT 
AMOUNTS ON ANNUAL ALLOCATIONS. 
(a) IN GENERAL.—Title III (25 U.S.C. 4151 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 303. EFFECT OF UNDISBURSED GRANT AMOUNTS ON 
ANNUAL ALLOCATIONS. 
‘‘(a) NOTIFICATION OF OBLIGATED, UNDISBURSED 
GRANT AMOUNTS.—Subject to subsection (d) of this sec-
tion, if as of January 1, 2018, or any year thereafter a 
recipient’s total amount of undisbursed block grants in the 
Department’s line of credit control system is greater than 
three times the formula allocation such recipient would 
otherwise receive under this Act for the fiscal year during 
which such January 1 occurs, the Secretary shall— 
‘‘(1) before January 31 of such year, notify the 
Indian tribe allocated the grant amounts and any 
tribally designated housing entity for the tribe of the 
undisbursed funds; and 
‘‘(2) require the recipient for the tribe to, not 
later than 30 days after the Secretary provides noti-
fication pursuant to paragraph (1)— 
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‘‘(A) notify the Secretary in writing of the 
reasons why the recipient has not requested the 
disbursement of such amounts; and 
‘‘(B) demonstrate to the satisfaction of the 
Secretary that the recipient has the capacity to 
spend Federal funds in an effective manner, 
which demonstration may include evidence of 
the timely expenditure of amounts previously 
distributed under this Act to the recipient. 
‘‘(b) ALLOCATION AMOUNT.—Notwithstanding sec-
tions 301 and 302, the allocation for such fiscal year for 
a recipient described in subsection (a) shall be the amount 
initially calculated according to the formula minus the dif-
ference between the recipient’s total amount of undis-
bursed block grants in the Department’s line of credit con-
trol system on such January 1 and three times the initial 
formula amount for such fiscal year. 
‘‘(c) REALLOCATION.—Notwithstanding any other 
provision of law, any grant amounts not allocated to a re-
cipient pursuant to subsection (b) shall be allocated under 
the need component of the formula proportionately 
amount all other Indian tribes not subject to such an ad-
justment. 
‘‘(d) INAPPLICABILITY.—Subsections (a) and (b) 
shall not apply to an Indian tribe with respect to any fiscal 
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year for which the amount allocated for the tribe for block 
grants under this Act is less than $5,000,000. 
‘‘(e) EFFECTIVENESS.—This section shall not require 
the issuance of any regulation to take effect and shall not 
be construed to confer hearing rights under this or any 
other section of this Act.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is amended by inserting after the item re-
lating to section 302 the following new item: 
‘‘Sec. 303. Effect of undisbursed grant amounts on annual allocations.’’. 
TITLE IV—AUDITS AND REPORTS 
SEC. 401. REVIEW AND AUDIT BY SECRETARY. 
Section 405(c) (25 U.S.C. 4165(c)) is amended, by 
adding at the end the following new paragraph: 
‘‘(3) ISSUANCE OF FINAL REPORT.—The Sec-
retary shall issue a final report within 60 days after 
receiving comments under paragraph (1) from a re-
cipient.’’. 
SEC. 402. REPORTS TO CONGRESS. 
Section 407 (25 U.S.C. 4167) is amended— 
(1) in subsection (a), by striking ‘‘Congress’’ 
and inserting ‘‘Committee on Financial Services and 
the Committee on Natural Resources of the House 
of Representatives, to the Committee on Indian Af-
fairs and the Committee on Banking, Housing, and 
Urban Affairs of the Senate, and to any subcommit-
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tees of such committees having jurisdiction with re-
spect to Native American and Alaska Native af-
fairs,’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) PUBLIC AVAILABILITY TO RECIPIENTS.—Each 
report submitted pursuant to subsection (a) shall be made 
publicly available to recipients.’’. 
TITLE V—OTHER HOUSING AS-
SISTANCE FOR NATIVE AMER-
ICANS 
SEC. 501. HUD–VETERANS AFFAIRS SUPPORTIVE HOUSING 
PROGRAM 
FOR 
NATIVE 
AMERICAN 
VET-
ERANS. 
Paragraph (19) of section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amend-
ed by adding at the end the following new subparagraph: 
‘‘(D) NATIVE AMERICAN VETERANS.— 
‘‘(i) AUTHORITY.—Of the funds made 
available for rental assistance under this 
subsection for fiscal year 2018 and each 
fiscal year thereafter, the Secretary shall 
set aside 5 percent for a supported housing 
and rental assistance program modeled on 
the HUD–Veterans Affairs Supportive 
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Housing (HUD–VASH) program, to be 
administered in conjunction with the De-
partment of Veterans Affairs, for the ben-
efit of homeless Native American veterans 
and veterans at risk of homelessness. 
‘‘(ii) RECIPIENTS.—Such rental as-
sistance shall be made available to recipi-
ents eligible to receive block grants under 
the Native American Housing Assistance 
and Self-Determination Act of 1996 (25 
U.S.C. 4101 et seq.). 
‘‘(iii) 
FUNDING
CRITERIA.—Funds 
shall be awarded based on need, adminis-
trative capacity, and any other funding cri-
teria established by the Secretary in a no-
tice published in the Federal Register, 
after consultation with the Secretary of 
Veterans Affairs, by a date sufficient to 
provide for implementation of the program 
under this subparagraph in accordance 
with clause (i). 
‘‘(iv) PROGRAM REQUIREMENTS.— 
‘‘(I) 
ADMINISTRATION.—Such 
funds shall be administered by block 
grant recipients in accordance with 
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program requirements under the Na-
tive American Housing Assistance and 
Self-Determination Act of 1996 in 
lieu of program requirements under 
this Act. 
‘‘(II) 
AVAILABLE
HOUSING.— 
Rental 
assistance 
made 
available 
under this subparagraph may be used 
for dwelling units owned, operated, or 
assisted with by a recipient of a block 
grant under this Act or a tribally des-
ignated housing entity. 
‘‘(v) WAIVER.—The Secretary may 
waive, or specify alternative requirements 
for any provision of any statute or regula-
tion that the Secretary administers in con-
nection with the use of funds made avail-
able under this subparagraph, but only 
upon a finding by the Secretary that such 
waiver or alternative requirement is nec-
essary to promote administrative efficiency, 
eliminate delay, consolidate or eliminate 
duplicative or ineffective requirements or 
criteria, or otherwise provide for the effec-
tive delivery and administration of such 
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supportive housing assistance to Native 
American veterans. 
‘‘(vi) CONSULTATION.—The Secretary 
and the Secretary of Veterans Affairs shall 
jointly consult with block grant recipients 
and any other appropriate tribal organiza-
tions to— 
‘‘(I) ensure that block grant re-
cipients administering funds made 
available under the program under 
this subparagraph are able to effec-
tively coordinate with providers of 
supportive services provided in con-
nection with such program; and 
‘‘(II) ensure the effective delivery 
of supportive services to Native Amer-
ican veterans that are homeless or at 
risk of homelessness eligible to receive 
assistance under this subparagraph. 
Consultation pursuant to this clause shall 
be completed by a date sufficient to pro-
vide for implementation of the program 
under this subparagraph in accordance 
with clause (i). 
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‘‘(vii) NOTICE.—The Secretary shall 
establish the requirements and criteria for 
the supported housing and rental assist-
ance program under this subparagraph by 
notice published in the Federal Register, 
but shall provide Indian tribes and tribally 
designated housing agencies an oppor-
tunity for comment and consultation before 
publication of a final notice pursuant to 
this clause.’’. 
SEC. 502. LOAN GUARANTEES FOR INDIAN HOUSING. 
Section 184(i)(5) of the Housing and Community De-
velopment Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is 
amended— 
(1) in subparagraph (B), by inserting after the 
period at the end of the first sentence the following: 
‘‘There are authorized to be appropriated for such 
costs $12,200,000 for each of fiscal years 2018 
through 2022.’’; and 
(2) in subparagraph (C)— 
(A) by striking ‘‘2008 through 2012’’ and 
inserting ‘‘2018 through 2022’’; and 
(B) by striking ‘‘such amount as may be 
provided in appropriation Acts for’’ and insert-
ing ‘‘$976,000,000 for each’’. 
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TITLE VI—MISCELLANEOUS 
SEC. 601. LANDS TITLE REPORT COMMISSION. 
Section 501 of the American Homeownership and 
Economic Opportunity Act of 2000 (25 U.S.C. 4043 note) 
is amended— 
(1) in subsection (a), by striking ‘‘Subject to 
sums being provided in advance in appropriations 
Acts, there’’ and inserting ‘‘There’’; and 
(2) in subsection (b)(1) by striking ‘‘this Act’’ 
and inserting ‘‘the Native American Housing Assist-
ance and Self-Determination Reauthorization Act of 
2017’’. 
SEC. 602. LEASEHOLD INTEREST IN TRUST OR RESTRICTED 
LANDS FOR HOUSING PURPOSES. 
Section 702 (25 U.S.C. 4211) is amended— 
(1) in subsection (c)(1), by inserting ‘‘, whether 
enacted before, on, or after the date of the enact-
ment of this section’’ after ‘‘law’’; and 
(2) by striking ‘‘50 years’’ each place such term 
appears and inserting ‘‘99 years’’. 
SEC. 603. CLERICAL AMENDMENT. 
The table of contents in section 1(b) is amended by 
striking the item relating to section 206 (treatment of 
funds). 
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TITLE 
VII—DEMONSTRATION 
PROGRAM FOR ALTERNATIVE 
PRIVATIZATION 
AUTHORITY 
FOR 
NATIVE 
AMERICAN 
HOUSING 
SEC. 701. DEMONSTRATION PROGRAM. 
Add at the end of the Act the following new title: 
‘‘TITLE 
IX—DEMONSTRATION 
PROGRAM FOR ALTERNATIVE 
PRIVATIZATION 
AUTHORITY 
FOR 
NATIVE 
AMERICAN 
HOUSING 
‘‘SEC. 901. AUTHORITY. 
‘‘(a) IN GENERAL.—In addition to any other author-
ity provided in this Act for the construction, development, 
maintenance, and operation of housing for Indian families, 
the Secretary shall provide the participating tribes having 
final plans approved pursuant to section 905 with the au-
thority to exercise the activities provided under this title 
and such plan for the acquisition and development of 
housing to meet the needs of tribal members. 
‘‘(b) 
INAPPLICABILITY
OF
NAHASDA 
PROVI-
SIONS.—Except as specifically provided otherwise in this 
title, titles I through IV, VI, and VII shall not apply to 
a participating tribe’s use of funds during any period that 
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the tribe is participating in the demonstration program 
under this title. 
‘‘(c) 
CONTINUED
APPLICABILITY
OF
CERTAIN 
NAHASDA PROVISIONS.—The following provisions of ti-
tles I through VIII shall apply to the demonstration pro-
gram under this title and amounts made available under 
the demonstration program under this title: 
‘‘(1) Subsections (d) and (e) of section 101 (re-
lating to tax exemption). 
‘‘(2) Section 101(j) (relating to Federal supply 
sources). 
‘‘(3) Section 101(k) (relating to tribal pref-
erence in employment and contracting). 
‘‘(4) Section 104 (relating to treatment of pro-
gram income and labor standards). 
‘‘(5) Section 105 (relating to environmental re-
view). 
‘‘(6) Section 201(b) (relating to eligible fami-
lies), except as otherwise provided in this title. 
‘‘(7) Section 203(g) (relating to a de minimis 
exemption for procurement of goods and services). 
‘‘(8) Section 702 (relating to 99-year leasehold 
interests in trust or restricted lands for housing pur-
poses). 
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‘‘SEC. 902. PARTICIPATING TRIBES. 
‘‘(a) REQUEST TO PARTICIPATE.—To be eligible to 
participate in the demonstration program under this title, 
an Indian tribe shall submit to the Secretary a notice of 
intention to participate during the 60-day period begin-
ning on the date of the enactment of this title, in such 
form and such manner as the Secretary shall provide. 
‘‘(b) COOPERATIVE AGREEMENT.—Upon approval 
under section 905 of the final plan of an Indian tribe for 
participation in the demonstration program under this 
title, the Secretary shall enter into a cooperative agree-
ment with the participating tribe that provides such tribe 
with the authority to carry out activities under the dem-
onstration program. 
‘‘(c) LIMITATION.—The Secretary may not approve 
more than 20 Indian tribes for participation in the dem-
onstration program under this title. 
‘‘SEC. 903. REQUEST FOR QUOTES AND SELECTION OF IN-
VESTOR PARTNER. 
‘‘(a) REQUEST FOR QUOTES.—Not later than the ex-
piration of the 180-day period beginning upon notification 
to the Secretary by an Indian tribe of intention to partici-
pate in the demonstration program under this title, the 
Indian tribe shall— 
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‘‘(1) obtain assistance from a qualified entity in 
assessing the housing needs, including the affordable 
housing needs, of the tribe; and 
‘‘(2) release a request for quotations from enti-
ties interested in partnering with the tribe in design-
ing and carrying out housing activities sufficient to 
meet the tribe’s housing needs as identified pursuant 
to paragraph (1). 
‘‘(b) SELECTION OF INVESTOR PARTNER.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not later than the expiration of the 18- 
month period beginning on the date of the enact-
ment of this title, an Indian tribe requesting to par-
ticipate in the demonstration program under this 
title shall— 
‘‘(A) select an investor partner from 
among the entities that have responded to the 
tribe’s request for quotations; and 
‘‘(B) together with such investor partner, 
establish and submit to the Secretary a final 
plan that meets the requirements under section 
904. 
‘‘(2) EXCEPTIONS.—The Secretary may extend 
the period under paragraph (1) for any tribe that— 
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‘‘(A) has not received any satisfactory 
quotation in response to its request released 
pursuant to subsection (a)(2); or 
‘‘(B) has any other satisfactory reason, as 
determined by the Secretary, for failure to se-
lect an investor partner. 
‘‘SEC. 904. FINAL PLAN. 
‘‘A final plan under this section shall— 
‘‘(1) be developed by the participating tribe and 
the investor partner for the tribe selected pursuant 
to section 903(b)(1)(A); 
‘‘(2) identify the qualified entity that assisted 
the tribe in assessing the housing needs of the tribe; 
‘‘(3) set forth a detailed description of such 
projected housing needs, including affordable hous-
ing needs, of the tribe, which shall include— 
‘‘(A) a description of such need over the 
ensuing 24 months and thereafter until the ex-
piration of the ensuing 5-year period or until 
the affordable housing need is met, whichever 
occurs sooner; and 
‘‘(B) the same information that would be 
required under section 102 to be included in an 
Indian housing plan for the tribe, as such re-
quirements may be modified by the Secretary to 
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‘‘(5) provide that the participating tribe will 
agree to provide long-term leases to tribal members 
sufficient for lease-to-own arrangements for, and 
sale of, the housing developed pursuant to paragraph 
(4); 
‘‘(6) provide that the participating tribe— 
‘‘(A) will be liable for delinquencies under 
mortgage agreements for housing developed 
under the plan that are financed under the plan 
and entered into by tribal members; and 
‘‘(B) shall, upon foreclosure under such 
mortgages, take possession of such housing and 
have the responsibility for making such housing 
available to other tribal members; 
‘‘(7) provide for sufficient protections, in the 
determination of the Secretary, to ensure that the 
tribe and the Federal Government are not liable for 
the acts of the investor partner or of any contrac-
tors; 
‘‘(8) provide that the participating tribe shall 
have sole final approval of design and location of 
housing developed under the plan; 
‘‘(9) set forth specific deadlines and schedules 
for activities to be undertaken under the plan and 
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set forth the responsibilities of the participating 
tribe and the investor partner; 
‘‘(10) set forth specific terms and conditions of 
return on investment by the investor partner and 
other investors under the plan, and provide that the 
participating tribe shall pledge grant amounts allo-
cated for the tribe pursuant to title III for such re-
turn on investment; 
‘‘(11) set forth the terms of a cooperative 
agreement on the operation and management of the 
current assistance housing stock and current hous-
ing stock for the tribe assisted under the preceding 
titles of this Act; 
‘‘(12) set forth any plans for sale of affordable 
housing of the participating tribe under section 907 
and, if included, plans sufficient to meet the require-
ments of section 907 regarding meeting future af-
fordable housing needs of the tribe; 
‘‘(13) set forth terms for enforcement of the 
plan, including an agreement regarding jurisdiction 
of any actions under or to enforce the plan, includ-
ing a waiver of immunity; and 
‘‘(14) include such other information as the 
participating tribe and investor partner consider ap-
propriate. 
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‘‘SEC. 905. HUD REVIEW AND APPROVAL OF PLAN. 
‘‘(a) IN GENERAL.—Not later than the expiration of 
the 90-day period beginning upon a submission by an In-
dian tribe of a final plan under section 904 to the Sec-
retary, the Secretary shall— 
‘‘(1) review the plan and the process by which 
the tribe solicited requests for quotations from inves-
tors and selected the investor partner; and 
‘‘(2)(A) approve the plan, unless the Secretary 
determines that— 
‘‘(i) the assessment of the tribe’s housing 
needs by the qualified entity, or as set forth in 
the plan pursuant to section 904(3), is inac-
curate or insufficient; 
‘‘(ii) the process established by the tribe to 
solicit requests for quotations and select an in-
vestor partner was insufficient or negligent; or 
‘‘(iii) the plan is insufficient to meet the 
housing needs of the tribe, as identified in the 
plan pursuant to section 904(3); 
‘‘(B) approve the plan, on the condition that 
the participating tribe and the investor make such 
revisions to the plan as the Secretary may specify as 
appropriate to meet the needs of the tribe for afford-
able housing; or 
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‘‘(C) disapprove the plan, only if the Secretary 
determines that the plan fails to meet the minimal 
housing standards and requirements set forth in this 
Act and the Secretary notifies the tribe of the ele-
ments requiring the disapproval. 
‘‘(b) ACTION UPON DISAPPROVAL.— 
‘‘(1) RE-SUBMISSION
OF
PLAN.—Subject to 
paragraph (2), in the case of any disapproval of a 
final plan of an Indian tribe pursuant to subsection 
(a)(3), the Secretary shall allow the tribe a period 
of 180 days from notification to the tribe of such 
disapproval to re-submit a revised plan for approval. 
‘‘(2) LIMITATION.—If the final plan for an In-
dian tribe is disapproved twice and resubmitted 
twice pursuant to the authority under paragraph (1) 
and, upon such second re-submission of the plan the 
Secretary disapproves the plan, the tribe may not re- 
submit the plan again and shall be ineligible to par-
ticipate in the demonstration program under this 
title. 
‘‘(c) TRIBE AUTHORITY OF HOUSING DESIGN AND 
LOCATION.—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 developed or assisted under the plan. 
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‘‘(d) FAILURE TO NOTIFY.—If the Secretary does 
not notify a participating tribe submitting a final plan of 
approval, conditional approval, or disapproval of the plan 
before the expiration of the period referred to in para-
graph (1), the plan shall be considered as approved for 
all purposes 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 
investment. 
‘‘(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 
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tribe in completing the processes to carry out sec-
tions 903 and 904. 
‘‘(3) HOUSING
INFRASTRUCTURE
COSTS.—A 
participating tribe may use such amounts for hous-
ing infrastructure costs associated with providing af-
fordable housing for the tribe under the final plan. 
‘‘(4) MAINTENANCE; 
TENANT
SERVICES.—A 
participating tribe may use such amounts for main-
tenance of affordable housing for the tribe and for 
housing services, housing management services, and 
crime prevention and safety activities described in 
paragraphs (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 assist-
ance made available under this Act for use other than as 
affordable housing, but only if the tribe provides such as-
surances as the Secretary determines are appropriate to 
ensure that— 
‘‘(1) the tribe is meeting its need for affordable 
housing; 
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‘‘(2) will provide affordable housing in the fu-
ture 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 annu-
ally regarding the progress of the tribe in complying with, 
and meeting the deadlines and schedules set forth under 
the approved 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 
activities 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); 
‘‘(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 
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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 sec-
tion 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 en-
sure such compliance. 
‘‘SEC. 909. TERMINATION OF TRIBAL PARTICIPATION. 
‘‘(a) TERMINATION OF PARTICIPATION.—A partici-
pating tribe may terminate participation in the demonstra-
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 
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program under this section shall not terminate any 
obligations of the tribe under agreements entered 
into under the demonstration program with the in-
vestor partner for the tribe or any other investors or 
contractors. 
‘‘(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 sec-
tion and any party with which the tribe has entered 
into an agreement from mutually agreeing to termi-
nate such agreement. 
‘‘(c) RECEIPT OF REMAINING GRANT AMOUNTS.— 
The Secretary shall provide for grants to be made in ac-
cordance 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 
Indian tribe during its participation in the demonstration 
program under this title. 
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‘‘SEC. 910. FINAL REPORT. 
‘‘Not later than the expiration of the 5-year period 
beginning on the date of the enactment of this title, the 
Secretary shall submit a final report to the Congress re-
garding the effectiveness of the demonstration program, 
which shall include— 
‘‘(1) an assessment of the success, under the 
demonstration program, of participating tribes in 
meeting 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: 
‘‘(1) AFFORDABLE
HOUSING.—The term ‘af-
fordable housing’ has the meaning given such term 
in section 4 (25 U.S.C. 4103). 
‘‘(2) HOUSING
INFRASTRUCTURE.—The term 
‘housing infrastructure’ means basic facilities, serv-
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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 
agreement at least once. 
‘‘(4) PARTICIPATING TRIBES.—The term ‘par-
ticipating tribe’ means an Indian tribe for which a 
final plan under section 904 for participation in the 
demonstration program under this title has been ap-
proved 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 demonstra-
tion 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 fol-
lowing: 
‘‘TITLE VIII—HOUSING ASSISTANCE FOR NATIVE HAWAIIANS 
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‘‘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.’’. 
TITLE VIII—HOUSING FOR 
NATIVE HAWAIIANS 
SEC. 801. REAUTHORIZATION OF NATIVE HAWAIIAN HOME-
OWNERSHIP ACT. 
Section 824 (25 U.S.C. 4243) is amended by striking 
‘‘such sums as may be necessary’’ and all that follows 
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through the period at the end and inserting ‘‘$13,000,000 
for each of fiscal years 2018 through 2022.’’. 
SEC. 802. REAUTHORIZATION OF LOAN GUARANTEES FOR 
NATIVE HAWAIIAN HOUSING. 
Section 184A(j)(5) of the Housing and Community 
Development Act of 1992 (12 U.S.C. 1715z–13b(j)(5)) is 
amended— 
(1) in subparagraph (B), by inserting after the 
period at the end of the first sentence the following: 
‘‘There are authorized to be appropriated for such 
costs $386,000 for each of fiscal years 2018 through 
2022.’’; and 
(2) in subparagraph (C), by striking ‘‘for each 
of fiscal years’’ and all that follows through the pe-
riod at the end and inserting ‘‘for each of fiscal 
years 2018 through 2022 with an aggregate out-
standing 
principal 
amount 
not 
exceeding 
$41,504,000 for each such fiscal year.’’. 
Æ 
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