Sec. 701. Demonstration program
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Add at the end of the Act the following new title: In addition to any other authority 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 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 members. 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 the tribe is participating in the demonstration program under this title.
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 title: Subsections
(d)and
(e)of section 101 (relating to tax exemption). Section 101(j) (relating to Federal supply sources). Section 101(k) (relating to tribal preference in employment and contracting). Section 104 (relating to treatment of program income and labor standards). Section 105 (relating to environmental review). Section 201(b) (relating to eligible families), except as otherwise provided in this title. Section 203(g) (relating to a de minimis exemption for procurement of goods and services). Section 702 (relating to 99-year leasehold interests in trust or restricted lands for housing purposes). 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 beginning on the date of the enactment of this title, in such form and such manner as the Secretary shall provide. 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 agreement with the participating tribe that provides such tribe with the authority to carry out activities under the demonstration program. The Secretary may not approve more than 20 Indian tribes for participation in the demonstration program under this title. Not later than the expiration of the 180-day period beginning upon notification to the Secretary by an Indian tribe of intention to participate in the demonstration program under this title, the Indian tribe shall— obtain assistance from a qualified entity in assessing the housing needs, including the affordable housing needs, of the tribe; and 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 (1). Except as provided in paragraph (2), not later than the expiration of the 18-month period beginning on the date of the enactment of this title, an Indian tribe requesting to participate in the demonstration program under this title shall— select an investor partner from among the entities that have responded to the tribe’s request for quotations; and together with such investor partner, establish and submit to the Secretary a final plan that meets the requirements under section 904. The Secretary may extend the period under paragraph
(1)for any tribe that— has not received any satisfactory quotation in response to its request released pursuant to subsection (a)(2); or has any other satisfactory reason, as determined by the Secretary, for failure to select an investor partner. A final plan under this section shall— be developed by the participating tribe and the investor partner for the tribe selected pursuant to section 903(b)(1)(A); identify the qualified entity that assisted the tribe in assessing the housing needs of the tribe; set forth a detailed description of such projected housing needs, including affordable housing needs, of the tribe, which shall include— a description of such need over the ensuing 24 months and thereafter until the expiration of the ensuing 5-year period or until the affordable housing need is met, whichever occurs sooner; and the same information that would be required under section 102 to be included in an Indian housing plan for the tribe, as such requirements may be modified by the Secretary to take consideration of the requirements of the demonstration program under this title; provide for specific housing activities sufficient to meet the tribe’s housing needs, including affordable housing needs, as identified pursuant to paragraph
(3)within the periods referred to such paragraph, which shall include— development of affordable housing (as such term is defined in section 4 of this Act ( 25 U.S.C. 4103 )); development of conventional homes for rental, lease-to-own, or sale, which may be combined with affordable housing developed pursuant to subparagraph (A); development of housing infrastructure, including housing infrastructure sufficient to serve affordable housing developed under the plan; and investments by the investor partner for the tribe, the participating tribe, members of the participating tribe, 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 housing; 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); provide that the participating tribe— 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 shall, upon foreclosure under such mortgages, take possession of such housing and have the responsibility for making such housing available to other tribal members; 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 contractors; provide that the participating tribe shall have sole final approval of design and location of housing developed under the plan; 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 partner; 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 allocated for the tribe pursuant to title III for such return on investment; 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 Act; set forth any plans for sale of affordable housing of the participating tribe under section 907 and, if included, plans sufficient to meet the requirements of section 907 regarding meeting future affordable housing needs of the tribe; set forth terms for enforcement of the plan, including an agreement regarding jurisdiction of any actions under or to enforce the plan, including a waiver of immunity; and include such other information as the participating tribe and investor partner consider appropriate. Not later than the expiration of the 90-day period beginning upon a submission by an Indian tribe of a final plan under section 904 to the Secretary, the Secretary shall— review the plan and the process by which the tribe solicited requests for quotations from investors and selected the investor partner; and approve the plan, unless the Secretary determines that— 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 inaccurate or insufficient; the process established by the tribe to solicit requests for quotations and select an investor partner was insufficient or negligent; or the plan is insufficient to meet the housing needs of the tribe, as identified in the plan pursuant to section 904(3); 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 affordable housing; or 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 elements requiring the disapproval. 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. If the final plan for an Indian 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 participate in the demonstration program under this title. 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. 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 paragraph (1), the plan shall be considered as approved for all purposes of this title. 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: 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. The Secretary 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. A participating tribe may use such amounts for housing infrastructure costs associated with providing affordable housing for the tribe under the final plan. A participating tribe may use such amounts for maintenance 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. 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 affordable housing, but only if the tribe provides such assurances as the Secretary determines are appropriate to ensure that— the tribe is meeting its need for affordable housing; will provide affordable housing in the future sufficient to meet future affordable housing needs; and will use any proceeds only to meet such future affordable housing needs or as provided in section 906. Each participating 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 approved final plan for the tribe. Such reports shall contain such information as the Secretary shall require. The Secretary shall submit a report to the Congress annually describing the activities and progress of the demonstration program under this title, which shall— summarize the information in the reports submitted by participating tribes pursuant to subsection (a); identify the number of tribes that have selected an investor partner pursuant to a request for quotations; include, for each tribe applying for participating 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; identify, by participating tribe, any amounts requested and approved for use under section 906; and identify any participating tribes that have terminated participation in the demonstration program and the circumstances of such terminations. 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. A participating tribe may terminate participation in the demonstration program under this title at any time, subject to this section. 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 contractors. 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 agreement. 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. 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. 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 regarding the effectiveness of the demonstration program, which shall include— an assessment of the success, under the demonstration program, of participating tribes in meeting their housing needs, including affordable housing needs, on tribal land; recommendations for any improvements in the demonstration program; and a determination of whether the demonstration should be expanded into a permanent program available for Indian tribes to opt into at any time and, if so, recommendations for such expansion, including any legislative actions necessary to expand the program. For purposes of this title, the following definitions shall apply: The term affordable housing has the meaning given such term in section 4 ( 25 U.S.C. 4103 ). The term housing infrastructure means basic facilities, services, systems, and installations necessary or appropriate for the functioning of a housing community, including facilities, services, systems, and installations for water, sewage, power, communications, and transportation. 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. The term participating tribe means an Indian tribe for which a final plan under section 904 for participation in the demonstration program under this title has been approved by the Secretary under section 905. The Secretary shall establish any requirements and criteria as may be necessary to carry out the demonstration program under this title by notice published in the Federal Register. .
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