‘‘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 XIII, 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. 
‘‘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; and 
‘‘(2) will provide affordable housing in the fu-
ture sufficient to meet future affordable housing 
needs. 
‘‘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 
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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 
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. 
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‘‘(c) AUDITS.—The Secretary shall provide for ran-
dom audits among participating tribes to ensure that the 
final plans for such tribes are being implemented and com-
plied with. Such audits shall include on-site visits with 
participating tribes and requests for documentation appro-
priate to ensure 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 
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 
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