; and (II) the entity certifies that the entity understands that the cooperative agreement is not guaranteed to be funded for more than 4 years after the commencement of the original cooperative agreement. (B) Management of performance (i) Annual reports An eligible entity must provide annual reports to the Secretary summarizing the progress made during each fiscal year towards achieving the goals of the cooperative agreement for the heirs for whom services are provided under the cooperative agreement. (ii) Information and data The Secretary may require an eligible entity to provide the Secretary with such information or data as the Secretary deems necessary to determine that the eligible entity is making acceptable progress. The data may not include personally identifiable information. (iii) Effect of failure to demonstrate success If an eligible entity providing services under such a cooperative agreement does not demonstrate success, as determined by the Secretary, in resolving or reasonably attempting to resolve the property claims of an heir, the Secretary may terminate the agreement (C) Implementation The Secretary may utilize requests for public input or the formal rulemaking process to effectuate this subsection. At a minimum, the Secretary shall make publicly available the criteria for selecting an eligible entity to enter into an agreement to provide services, the administrative and performance requirements for cooperative agreements under this subsection, as well as codify within its internal policy its implementation process. (D) Heirs property not in farming On a limited basis, and when determined by the Secretary to meet the purposes of a program administered by the Secretary and to expand access to such a program, the Secretary may allow an eligible entity to provide services at no cost to an heir who is not an underserved heir if— (i) the land with respect to which the services are to be provided is not farmland or in agricultural production, but could be viably productive for agricultural,