,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dcbi ,,in ,,the ,,house ,,of ,,representatives ,march #bg1 #bjad ,mr4 ,pearce 7for himself and ,mr4 ,cole7 introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to reauthorize the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,native ,american ,housing ,assistance and ,self-,determination ,reauthorization ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references4 ,title ,i--,,block ,,grants ,,and ,,grant ,,requirements ,sec4 #aja4 ,block grants4 ,sec4 #ajb4 ,indian housing plans4 ,sec4 #ajc4 ,environmental review4 ,sec4 #ajd4 ,failure to act on request for approval regarding exceeding ,,tdc maximum cost for project4 ,title ,,ii--,,affordable ,,housing ,,activities ,sec4 #bja4 ,national objectives and eligible families4 ,sec4 #bjb4 ,eligible affordable housing activities4 ,sec4 #bjc4 ,program requirements4 ,sec4 #bjd4 ,low-income requirement and income targeting4 ,sec4 #bje4 ,lease requirements and tenant selection4 ,sec4 #bjf4 ,tribal coordination of agency funding4 ,title ,,iii--,,allocation ,,of ,,grant ,,amounts ,sec4 #cja4 ,authorization of appropriations4 ,title ,,iv--,,audits ,,and ,,reports ,sec4 #dja4 ,review and audit by ,secretary4 ,sec4 #djb4 ,reports to ,congress4 ,title ,v--,,other ,,housing ,,assistance ,,for ,,native ,,americans ,sec4 #eja4 ,,hud-,veterans ,affairs supportive housing program for ,native ,american veterans4 ,sec4 #ejb4 #ej-year leasehold interest in trust or restricted lands for housing purposes4 ,sec4 #ejc4 ,training and technical assistance4 ,sec4 #ejd4 ,loan guarantees for ,indian housing4 ,title ,,vi--,,miscellaneous ,sec4 #fja4 ,lands ,title ,report ,commission4 ,sec4 #fjb4 ,limitation on use of funds for ,cherokee ,nation4 ,sec4 #fjc4 ,leasehold interest in trust or restricted lands for housing purposes4 ,sec4 #fjd4 ,clerical amendment4 ,title ,,vii--,,demonstration ,,program ,,for ,,alternative ,,privatization ,,authority ,,for ,,native ,,american ,,housing ,sec4 #gja4 ,demonstration program4 #b4 ,references ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 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 #aiif 7#be ,u4,s4,c4 #daja et seq474 ,i ,,block ,,grants ,,and ,,grant ,,requirements #aja4 ,block grants ,section #aja 7#be ,u4,s4,c4 #daaa7 is amended-- 7#a7 in subsection 7c71 by adding after the period at the end the following3 ,if the ,secretary fails to act on a waiver request submitted under this subsection by a recipient within #fj days after receipt of such request1 the waiver request shall be deemed approved42 7#b7 in subsection 7j71 by striking section #eja of title #dj1 and inserting title #dj of the2 and 7#c7 in subsection 7k71 by striking #a and inserting an4 #ajb4 ,indian housing plans ,section #ajb7;a7 7#be ,u4,s4,c4 #daab7;a77 is amended by inserting after and below paragraph 7#b7 the following3 ,the ,secretary may grant a waiver of the submission requirements under paragraph 7#a7 upon meeting certain factors that shall be set out by regulation1 and provided further that a request for such waiver shall be deemed approved if the ,secretary does not act on such request within #fj days of receipt4 4 #ajc4 ,environmental review ,section #aje 7#be ,u4,s4,c4 #daae7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking may and inserting shall2 and 7,b7 by adding after and below paragraph 7#d7 the following3 ,if the ,secretary fails to act on a waiver request submitted under this subsection by a recipient within #fj days after receipt of such request1 the waiver shall be deemed approved4 2 and 7#b7 by adding at the end the following new subsection3 7e7 ,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 #bjb and the recipient's tribe has assumed all of the responsibilities for environmental review1 decisionmaking1 and action pursuant to this section1 the recipient's compliance with the ,national ,environmental ,policy ,act of #aifi review requirements under this section with regard to such project shall be deemed to fully comply with and discharge any applicable environmental review requirements that might apply to the use of such additional ,federal funding sources for that project4 4 #ajd4 ,failure to act on request for approval regarding exceeding ,,tdc maximum cost for project 7a7 ,approval ,section #ajc 7#be ,u4,s4,c4 #daac7 is amended by adding at the end the following new subsection3 7f7 ,approval of request ,to exceed ,,tdc maximum ,a request for approval by the ,secretary of ,housing and ,urban ,development to exceed by more than #aj percent the total development cost maximum cost for a project shall be deemed to be approved if the ,secretary fails to take action on the request during the #fj-;day period that begins on the date that the ,secretary receives the request4 4 7b7 ,definition ,section #d 7#be ,u4,s4,c4 #dajc7 is amended-- 7#a7 by redesignating paragraph 7#bb7 as paragraph 7#bc72 and 7#b7 by inserting after paragraph 7#ba7 the following new paragraph3 7#bb7 ,total development cost ,the term total development cost means1 with respect to a housing project1 the sum of all costs for the project1 including all undertakings necessary for administration1 planning1 site acquisition1 demolition1 construction or equipment and financing 7including payment of carrying charges71 and for otherwise carrying out the development of the project1 excluding off-site water and sewer4 ,the total development cost amounts shall be based on a moderately designed house and determined by averaging the current construction costs as listed in not less than two nationally recognized residential construction cost indices4 4 ,,ii ,,affordable ,,housing ,,activities #bja4 ,national objectives and eligible families ,paragraph 7#f7 of section #bja7;b7 7#be ,u4,s4,c4 #daca7;b77#f72 relating to exemption7 is amended-- 7#a7 by striking #aifd and and inserting #aifd12 and 7#b7 by inserting after #aifh the following3 1 and section #c of the ,housing and ,urban ,development ,act of #aifh4 #bjb4 ,eligible affordable housing activities ,section #bjb7i77;,a7 7#be ,u4,s4,c4 #dacb7i77;,a77 is amended-- 7#a7 by striking only2 7#b7 by striking administration and planning related to2 and 7#c7 by inserting including administration and planning1 after section14 #bjc4 ,program requirements ,section #bjc 7#be ,u4,s4,c4 #dacc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking paragraph 7#b7 and inserting paragraphs 7#b7 and 7#c72 and 7,b7 by adding at the end the following new paragraph3 7#c7 ,application of tribal policies ,paragraph 7#b7 shall not apply if the recipient has a written policy governing rents and homebuyer payments charged for dwelling units and such policy includes a provision governing maximum rents or homebuyer payments4 2 7#b7 in subsection 7c71 by striking or assisted with and inserting by a recipient2 and 7#c7 in subsection 7e71 by striking assisted with and inserting units that are owned or operated by a recipient using4 #bjd4 ,low-income requirement and income targeting ,section #bje 7#be ,u4,s4,c4 #dace7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and 2 and 7iii7 by adding at the end the following new subparagraph3 7,e7 notwithstanding any other provision of this paragraph1 in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit1 that the current rental family can purchase through a contract of sale1 lease-purchase agreement1 or any other sales agreement1 is made available for purchase only by the current rental family1 if the rental family was a low-income family at the time of their initial occupancy of such unit2 and 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking satisfactory to the ,secretary and inserting in such forms as the ,secretary shall1 by regulation1 require2 and 7ii7 by striking ,secretary7 and inserting recipient72 and 7#b7 in subsection 7c71 by adding after the period at the end the following3 ,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 #aj percent of the maximum total development cost for such home44 #bje4 ,lease requirements and tenant selection ,section #bjg 7#be ,u4,s4,c4 #dacg7 is amended by adding at the end the following new subsection3 7c7 ,notice of termination ,notwithstanding any other provision of law1 the owner or manager of rental housing that is assisted in part with amounts provided 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 7a77#c74 4 #bjf4 ,tribal coordination of agency funding ,subtitle ,a of title ,,ii 7#be ,u4,s4,c4 #daca et seq47 is amended by adding at the end the following new section3 #baa4 ,tribal coordination of agency funding ,notwithstanding any other provision of law1 a recipient authorized to receive funding under this ,act may1 in its discretion1 use funding from the ,indian ,health ,service of the ,department of ,health and ,human ,services for construction of sanitation facilities for housing construction and renovation projects that are funded in part by funds provided under this ,act4 4 ,,iii ,,allocation ,,of ,,grant ,,amounts #cja4 ,authorization of appropriations ,the first sentence of section #ajh 7#be ,u4,s4,c4 #daag7 is amended by striking such sums as may be necessary for each of fiscal years #bjji through #bjac and inserting #fej1jjj1jjj for each of fiscal years #bjad through #bjah4 ,,iv ,,audits ,,and ,,reports #dja4 ,review and audit by ,secretary ,section #dje7;c7 7#be ,u4,s4,c4 #dafe7;c77 is amended1 by adding at the end the following new paragraph3 7#c7 ,failure to issue final report ,the ,secretary shall issue a final report within #fj days after receiving comments under paragraph 7#a7 from a recipient4 4 #djb4 ,reports to ,congress ,section #djg 7#be ,u4,s4,c4 #dafg7 is amended-- 7#a7 in subsection 7a71 by striking ,congress and inserting ,committee on ,financial ,services and the ,committee on ,natural ,resources of the ,house of ,representatives1 to the ,committee on ,indian ,affairs and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 and to any subcommittees of such committees having jurisdiction with respect to ,native ,american and ,alaska ,native affairs12 and 7#b7 by adding at the end the following new subsection3 7c7 ,public availability to recipients ,each report submitted pursuant to subsection 7a7 shall be made publicly available to recipients4 4 ,v ,,other ,,housing ,,assistance ,,for ,,native ,,americans #eja4 ,,hud-,veterans ,affairs supportive housing program for ,native ,american veterans ,paragraph 7#ai7 of section #h7o7 of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f7o77#ai77 is amended by adding at the end the following new subparagraph3 7,d7 ,native ,american veterans 7i7 ,authority ,of the funds made available for rental assistance under this subsection for fiscal year #bjae and each fiscal year thereafter1 the ,secretary shall set aside #j4a percent for a supported housing and rental assistance program modeled on the ,,hud-,veterans ,affairs ,supportive ,housing 7,,hud-,,vash7 program1 to be administered in conjunction with the ,department of ,veterans ,affairs1 for the benefit of homeless ,native ,american veterans and veterans at risk of homelessness4 7ii7 ,recipients ,such rental assistance shall be made available to recipients eligible to receive block grants under the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq474 7iii7 ,funding criteria ,funds shall be awarded based on need1 administrative capacity1 and any other funding criteria established by the ,secretary in a notice published in the ,federal ,register1 after consultation with the ,secretary of ,veterans ,affairs1 by a date sufficient to provide for implementation of the program under this subparagraph in accordance with clause 7i74 7iv7 ,program requirements ,such funds shall be administered by block grant recipients in accordance with program requirements under ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif in lieu of program requirements under this ,act4 7v7 ,waiver ,the ,secretary may waive1 or specify alternative requirements for any provision of any statute or regulation that the ,secretary administers in connection with the use of funds made available under this subparagraph1 but only upon a finding by the ,secretary that such waiver or alternative requirement is necessary to promote administrative efficiency1 eliminate delay1 consolidate or eliminate duplicative or ineffective requirements or criteria1 or otherwise provide for the effective delivery and administration of such supportive housing assistance to ,native ,american veterans4 7vi7 ,consultation ,the ,secretary and the ,secretary of ,veterans ,affairs shall jointly consult with block grant recipients and any other appropriate tribal organizations to-- 7,i7 ensure that block grant recipients administering funds made available under the program under this subparagraph are able to effectively coordinate with providers of supportive services provided in connection with such program2 and 7,,ii7 ensure the effective delivery of supportive services to ,native ,american veterans that are homeless or at risk of homelessness eligible to receive assistance under this subparagraph4 ,consultation pursuant to this clause shall be completed by a date sufficient to provide for implementation of the program under this subparagraph in accordance with clause 7i74 7vii7 ,rulemaking ,the first negotiated rulemaking committee established pursuant to subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code1 for rulemaking relating to the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif1 or any amendments to such ,act1 but that is not established to consider matters relating to the allocation formula under section #cjb of such ,act 7#be ,u4,s4,c4 #daeb71 shall review the requirements and criteria for the supported housing and rental assistance program under this subparagraph and may report to the ,secretary a proposed rule revising such requirements and criteria4 4 #ejb4 #ej-year leasehold interest in trust or restricted lands for housing purposes ,section #gjb7;c77#a7 7#be ,u4,s4,c4 #dbaa7;c77#a77 is amended by inserting 1 whether enacted before1 on1 or after the date of the enactment of this section after law14 #ejc4 ,training and technical assistance ,section #gjc 7#be ,u4,s4,c4 #dbab7 is amended-- 7#a7 by striking ,there are authorized to be appropriated and inserting ,of any amounts appropriated pursuant to section #ajh1 the ,secretary may use such sums as may be necessary for2 and 7#b7 by striking such sums as may be necessary for each of fiscal years #bjji through #bjac4 #ejd4 ,loan guarantees for ,indian housing ,section #ahd7;,i77#e7 of the ,housing and ,community ,development ,act of #aiib 7#ab ,u4,s4,c4 #agaez-#ac;a7,i77#e77 is amended-- 7#a7 in subparagraph 7,b71 by inserting after the period at the end of the first sentence the following3 ,there are authorized to be appropriated for such costs #ab1bjj1jjj for each of fiscal years #bjad through #bjah42 and 7#b7 in subparagraph 7#e7-- 7,a7 by striking #bjjh through #bjab and inserting #bjad through #bjah2 and 7,b7 by striking such amount as may be provided in appropriation ,acts for and inserting #igf1jjj1jjj for each4 ,,vi ,,miscellaneous #fja4 ,lands ,title ,report ,commission ,section #eja of the ,american ,homeownership and ,economic ,opportunity ,act of #bjjj 7#be ,u4,s4,c4 #djdc note7 is amended-- 7#a7 in subsection 7a71 by striking ,subject to sums being provided in advance in appropriations ,acts1 there and inserting ,there2 and 7#b7 in subsection 7b77#a7 by striking this ,act and inserting the ,native ,american ,housing ,assistance and ,self-,determination ,reauthorization ,act of #bjad4 #fjb4 ,limitation on use of funds for ,cherokee ,nation ,section #hja of the ,native ,american ,housing ,assistance and ,self-,determination ,reauthorization ,act of #bjjh 7,public ,law #aaj-daa7 is amended by striking ,temporary ,order and ,temporary ,injunction issued on ,may #ad1 #bjjg1 by the ,district ,court of the ,cherokee ,nation and inserting ,order issued ,september #ba1 #bjaa1 by the ,federal ,district ,court for the ,district of ,columbia4 #fjc4 ,leasehold interest in trust or restricted lands for housing purposes ,section #gjb 7#be ,u4,s4,c4 #dbaa7 is amended by striking #ej years each place such term appears and inserting #ii years4 #fjd4 ,clerical amendment ,the table of contents in section #a7;b7 of the ,native ,american ,housing ,assistance and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja note7 is amended by striking the item relating to section #bjf 7treatment of funds74 ,,vii ,,demonstration ,,program ,,for ,,alternative ,,privatization ,,authority ,,for ,,native ,,american ,,housing #gja4 ,demonstration program ,the ,native ,american ,housing and ,self-,determination ,act of #aiif 7#be ,u4,s4,c4 #daja et seq47 is amended by adding at the end the following new title3 ,,ix ,demonstration program for alternative privatization authority for ,native ,american housing #ija4 ,authority 7a7 ,in general ,in addition to any other authority provided in this ,act for the construction1 development1 maintenance1 and operation of housing for ,indian families1 the ,secretary shall provide the participating tribes having final plans approved pursuant to section #ije with the authority to exercise the activities provided under this title and such plan for the acquisition and development of housing to meet the needs of tribal members4 7b7 ,inapplicability of ,,nahasda provisions ,except as specifically provided otherwise in this title1 titles ,i through ,,iv1 ,,vi1 and ,,vii shall not apply to a participating tribe during any period that the tribe is participating in the demonstration program under this title4 7c7 ,continued applicability of certain ,,nahasda provisions ,the following provisions of titles ,i through ,,viii shall apply to the demonstration program under this title and amounts made available under the demonstration program under this title3 7#a7 ,subsections 7d7 and 7e7 of section #aja 7relating to tax exemption74 7#b7 ,section #aja7;j7 7relating to ,federal supply sources74 7#c7 ,section #aja7k7 7relating to tribal preference in employment and contracting74 7#d7 ,section #ajd 7relating to treatment of program income and labor standards74 7#e7 ,section #aje 7relating to environmental review74 7#f7 ,section #bja7;b7 7relating to eligible families71 except as otherwise provided in this title4 7#g7 ,section #bjc7;g7 7relating to a de minimis exemption for procurement of goods and services74 7#h7 ,section #gjb 7relating to #ii-year leasehold interests in trust or restricted lands for housing purposes74 #ijb4 ,participating tribes 7a7 ,request ,to participate ,to be eligible to participate in the demonstration program under this title1 an ,indian tribe shall submit to the ,secretary a notice of intention to participate during the #fj-;day period beginning on the date of the enactment of this title1 in such form and such manner as the ,secretary shall provide4 7b7 ,cooperative agreement ,upon approval under section #ije of the final plan of an ,indian tribe for participation in the demonstration program under this title1 the ,secretary shall enter into a cooperative agreement with the participating tribe that provides such tribe with the authority to carry out activities under the demonstration program4 #ijc4 ,request for quotes and selection of investor partner 7a7 ,request for quotes ,not later than the expiration of the #ahj-;day period beginning upon notification to the ,secretary by an ,indian tribe of intention to participate in the demonstration program under this title1 the ,indian tribe shall-- 7#a7 obtain assistance from a qualified entity in assessing the housing needs1 including the affordable housing needs1 of the tribe2 and 7#b7 release a request for quotations from entities interested in partnering with the tribe in designing and carrying out housing activities sufficient to meet the tribe's housing needs as identified pursuant to paragraph 7#a74 7b7 ,selection of investor partner 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than the expiration of the #ah-month period beginning on the date of the enactment of this title1 an ,indian tribe requesting to participate in the demonstration program under this title shall-- 7,a7 select an investor partner from among the entities that have responded to the tribe's request for quotations2 and 7,b7 together with such investor partner1 establish and submit to the ,secretary a final plan that meets the requirements under section #ijd4 7#b7 ,exceptions ,the ,secretary may extend the period under paragraph 7#a7 for any tribe that-- 7,a7 has not received any satisfactory quotation in response to its request released pursuant to subsection 7a77#b72 or 7,b7 has any other satisfactory reason1 as determined by the ,secretary1 for failure to select an investor partner4 #ijd4 ,final plan ,a final plan under this section shall-- 7#a7 be developed by the participating tribe and the investor partner for the tribe selected pursuant to section #ijc7;b77#a77;,a72 7#b7 identify the qualified entity that assisted the tribe in assessing the housing needs of the tribe2 7#c7 set forth a detailed description of such projected housing needs1 including affordable housing needs1 of the tribe1 which shall include-- 7,a7 a description of such need over the ensuing #bd months and thereafter until the expiration of the ensuing #e-year period or until the affordable housing need is met1 whichever occurs sooner2 and 7,b7 the same information that would be required under section #ajb to be included in an ,indian housing plan for the tribe1 as such requirements may be modified by the ,secretary to take consideration of the requirements of the demonstration program under this title2 7#d7 provide for specific housing activities sufficient to meet the tribe's housing needs1 including affordable housing needs1 as identified pursuant to paragraph 7#c7 within the periods referred to such paragraph1 which shall include-- 7,a7 development of affordable housing 7as such term is defined in section #d of this ,act 7#be ,u4,s4,c4 #dajc772 7,b7 development of conventional homes for rental1 lease-to-own1 or sale1 which may be combined with affordable housing developed pursuant to subparagraph 7,a72 7,c7 development of housing infrastructure1 including housing infrastructure sufficient to serve affordable housing developed under the plan2 and 7,d7 investments by the investor partner for the tribe1 the participating tribe1 members of the participating tribe1 and financial institutions and other outside investors necessary to provide financing for the development of housing under the plan and for mortgages for tribal members purchasing such housing2 7#e7 provide that the participating tribe will agree to provide long-term leases to tribal members sufficient for lease-to-own arrangements for1 and sale of1 the housing developed pursuant to paragraph 7#d72 7#f7 provide that the participating tribe-- 7,a7 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 members2 and 7,b7 shall1 upon foreclosure under such mortgages1 take possession of such housing and have the responsibility for making such housing available to other tribal members2 7#g7 provide for sufficient protections1 in the determination of the ,secretary1 to ensure that the tribe and the ,federal ,government are not liable for the acts of the investor partner or of any contractors2 7#h7 provide that the participating tribe shall have sole final approval of design and location of housing developed under the plan2 7#i7 set forth specific deadlines and schedules for activities to be undertaken under the plan and set forth the responsibilities of the participating tribe and the investor partner2 7#aj7 set forth specific terms and conditions of return on investment by the investor partner and other investors under the plan1 and provide that the participating tribe shall pledge grant amounts allocated for the tribe pursuant to title ,,iii for such return on investment2 7#aa7 set forth the terms of a cooperative agreement on the operation and management of the current assistance housing stock and current housing stock for the tribe assisted under the preceding titles of this ,act2 7#ab7 set forth any plans for sale of affordable housing of the participating tribe under section #ijg and1 if included1 plans sufficient to meet the requirements of section #ijg regarding meeting future affordable housing needs of the tribe2 7#ac7 set forth terms for enforcement of the plan1 including an agreement regarding jurisdiction of any actions under or to enforce the plan1 including a waiver of immunity2 and 7#ad7 include such other information as the participating tribe and investor partner consider appropriate4 #ije4 ,,hud review and approval of plan 7a7 ,in general ,not later than the expiration of the #ij-;day period beginning upon a submission by an ,indian tribe of a final plan under section #ijd to the ,secretary1 the ,secretary shall-- 7#a7 review the plan and the process by which the tribe solicited requests for quotations from investors and selected the investor partner2 and 7#b7 7,a7 approve the plan1 unless the ,secretary determines that-- 7i7 the assessment of the tribe's housing needs by the qualified entity1 or as set forth in the plan pursuant to section #ijd7c71 is inaccurate or insufficient2 7ii7 the process established by the tribe to solicit requests for quotations and select an investor partner was insufficient or negligent2 or 7iii7 the plan is insufficient to meet the housing needs of the tribe1 as identified in the plan pursuant to section #ijd7c72 7,b7 approve the plan1 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 affordable housing2 or 7,c7 disapprove the plan1 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 elements requiring the disapproval4 7b7 ,action upon disapproval 7#a7 ,re-submission of plan ,subject to paragraph 7#b71 in the case of any disapproval of a final plan of an ,indian tribe pursuant to subsection 7a77#c71 the ,secretary shall allow the tribe a period of #ahj days from notification to the tribe of such disapproval to re-submit a revised plan for approval4 7#b7 ,limitation ,if the final plan for an ,indian tribe is disapproved twice and resubmitted twice pursuant to the authority under paragraph 7#a7 and1 upon such second re-submission of the plan the ,secretary disapproves the plan1 the tribe may not re-submit the plan again and shall be ineligible to participate in the demonstration program under this title4 7c7 ,tribe authority of housing design and location ,the ,secretary may not disapprove a final plan under section #ijd1 or condition approval of such a plan1 based on the design or location of any housing to be developed or assisted under the plan4 7d7 ,failure ,to notify ,if the ,secretary does not notify a participating tribe submitting a final plan of approval1 conditional approval1 or disapproval of the plan before the expiration of the period referred to in paragraph 7#a71 the plan shall be considered as approved for all purposes of this title4 #ijf4 ,treatment of ,,nahasda allocation ,amounts otherwise allocated for a participating tribe under title ,,iii of this ,act 7#be ,u4,s4,c4 #daea et seq47 shall not be made available to the tribe under titles ,i through ,,xiii1 but shall only be available for the tribe1 upon request by the tribe and approval by the ,secretary1 for the following purposes3 7#a7 ,return on investment ,such amounts as are pledged by a participating tribe pursuant to section #ijd7aj7 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 investment4 7#b7 ,administrative expenses ,the ,secretary may provide to a participating tribe1 upon the request of a tribe1 not more than #aj 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 #ijc and #ijd4 7#c7 ,housing infrastructure costs ,a participating tribe may use such amounts for housing infrastructure costs associated with providing affordable housing for the tribe under the final plan4 #ijg4 ,resale of affordable housing ,notwithstanding any other provision of this ,act1 a participating tribe may1 in accordance with the provisions of the final plan of the tribe approved pursuant to section #ije1 resell any affordable housing developed with assistance made available under this ,act for use other than as affordable housing1 but only if the tribe provides such assurances as the ,secretary determines are appropriate to ensure that-- 7#a7 the tribe is meeting its need for affordable housing2 and 7#b7 will provide affordable housing in the future sufficient to meet future affordable housing needs4 #ijh4 ,reports1 audits1 and compliance 7a7 ,annual reports by tribe ,each participating tribe shall submit a report to the ,secretary annually regarding the progress of the tribe in complying with1 and meeting the deadlines and schedules set forth under the approved final plan for the tribe4 ,such reports shall contain such information as the ,secretary shall require4 7b7 ,reports to ,congress ,the ,secretary shall submit a report to the ,congress annually describing the activities and progress of the demonstration program under this title1 which shall-- 7#a7 summarize the information in the reports submitted by participating tribes pursuant to subsection 7a72 7#b7 identify the number of tribes that have selected an investor partner pursuant to a request for quotations2 7#c7 include1 for each tribe applying for participating in the demonstration program whose final plan was disapproved under section #ije7;a77#b77;,c71 a detailed description and explanation of the reasons for disapproval and all actions taken by the tribe to eliminate the reasons for disapproval1 and identify whether the tribe has re-submitted a final plan2 7#d7 identify1 by participating tribe1 any amounts requested and approved for use under section #ijf2 and 7#e7 identify any participating tribes that have terminated participation in the demonstration program and the circumstances of such terminations4 7c7 ,audits ,the ,secretary shall provide for random audits among participating tribes to ensure that the final plans for such tribes are being implemented and complied with4 ,such audits shall include on-site visits with participating tribes and requests for documentation appropriate to ensure such compliance4 #iji4 ,termination of tribal participation 7a7 ,termination of participation ,a participating tribe may terminate participation in the demonstration program under this title at any time1 subject to this section4 7b7 ,effect on existing obligations 7#a7 ,no automatic termination ,termination 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 contractors4 7#b7 ,authority to mutually terminate agreements ,nothing in this title may be construed to prevent a tribe that terminates participation 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 agreement4 7c7 ,receipt of remaining grant amounts ,the ,secretary shall provide for grants to be made in accordance with1 and subject to the requirements of1 this ,act for any amounts remaining after use pursuant to section #ijf from the allocation under title ,,iii for a participating tribe that terminates participation in the demonstration program4 7d7 ,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 title4 #iaj4 ,final report ,not later than the expiration of the #e-year period beginning on the date of the enactment of this title1 the ,secretary shall submit a final report to the ,congress regarding the effectiveness of the demonstration program1 which shall include-- 7#a7 an assessment of the success1 under the demonstration program1 of participating tribes in meeting their housing needs1 including affordable housing needs1 on tribal land2 7#b7 recommendations for any improvements in the demonstration program2 and 7#c7 a determination of whether the demonstration should be expanded into a permanent program available for ,indian tribes to opt into at any time and1 if so1 recommendations for such expansion1 including any legislative actions necessary to expand the program4 #iaa4 ,definitions ,for purposes of this title1 the following definitions shall apply3 7#a7 ,affordable housing ,the term affordable housing has the meaning given such term in section #d 7#be ,u4,s4,c4 #dajc74 7#b7 ,housing infrastructure ,the term housing infrastructure means basic facilities1 services1 systems1 and installations necessary or appropriate for the functioning of a housing community1 including facilities1 services1 systems1 and installations for water1 sewage1 power1 communications1 and transportation4 7#c7 ,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 #ej or more years and to request renewal of the agreement at least once4 7#d7 ,participating tribes ,the term participating tribe means an ,indian tribe for which a final plan under section #ijd for participation in the demonstration program under this title has been approved by the ,secretary under section #ije4 #iab4 ,regulations and guidelines ,the ,secretary shall issue such regulations as may be necessary to carry out the demonstration program under this title4 4