‘‘(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 
take consideration of the requirements of the 
demonstration program under this title; 
‘‘(4) provide for specific housing activities suffi-
cient to meet the tribe’s housing needs, including af-
fordable housing needs, as identified pursuant to 
paragraph (3) within the periods referred to such 
paragraph, which shall include— 
‘‘(A) development of affordable housing (as 
such term is defined in section 4 of this Act (25 
U.S.C. 4103)); 
‘‘(B) development of conventional homes 
for rental, lease-to-own, or sale, which may be 
combined with affordable housing developed 
pursuant to subparagraph (A); 
‘‘(C) development of housing infrastruc-
ture, including housing infrastructure sufficient 
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to serve affordable housing developed under the 
plan; and 
‘‘(D) investments by the investor partner 
for the tribe, the participating tribe, members 
of the participating tribe, and financial institu-
tions and other outside investors necessary to 
provide financing for the development of hous-
ing under the plan and for mortgages for tribal 
members purchasing such housing; 
‘‘(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 
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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 
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-
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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. 
‘‘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; 
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‘‘(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 
‘‘(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 
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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. 
‘‘(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: 
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