§4113 — Title 25 Indians | U.S. Code

Summary

The Secretary must do a limited review of each Indian housing plan to make sure it follows the rules in section 4112. The Secretary decides how much review is needed. The tribe and any tribally designated housing entity must be told whether the plan complies within 60 days of submission. If no notice is sent within 60 days, the plan is treated as complying and the tribe is treated as notified. If the plan does not comply, the notice must explain why and what changes are needed. The Secretary will check that the plan has the information required by section 4112, matches the Secretary’s data, and does not conflict with this chapter or other laws. After a tribe files a plan for a program year, the tribe can meet the rules for later years by sending only updates. The Secretary must only check certain listed information to see if it is included for purposes of section 4145a(b)(2) and may not approve or disapprove a plan based on the specific benefits, activities, or results listed under those parts.

Title 25, §4113

Indians — Source: USLM XML via OLRC

(a)(1)The Secretary shall conduct a limited review of each Indian housing plan submitted to the Secretary to ensure that the plan complies with the requirements of section 4112 of this title. The Secretary shall have the discretion to review a plan only to the extent that the Secretary considers review is necessary.

(2)The Secretary shall notify each Indian tribe for which a plan is submitted and any tribally designated housing entity for the tribe whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the Indian tribe, as required under this subsection and subsection (b), the plan shall be considered, for purposes of this chapter, to have been determined to comply with the requirements under section 4112 of this title and the tribe shall be considered to have been notified of compliance upon the expiration of such 60-day period.

(b)If the Secretary determines that a plan, as submitted, does not comply with the requirements under section 4112 of this title, the Secretary shall specify in the notice under subsection (a) the reasons for the noncompliance and any modifications necessary for the plan to meet the requirements under section 4112 of this title.

(c)After submission of the Indian housing plan or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make determinations under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan—

(1)set forth the information required by section 4112 of this title to be contained in an Indian housing plan;

(2)are consistent with information and data available to the Secretary; and

(3)are not prohibited by or inconsistent with any provision of this chapter or other applicable law.

(d)After a plan under section 4112 of this title has been submitted for an Indian tribe for any tribal program year, the tribe may comply with the provisions of such section for any succeeding tribal program year by submitting only such information regarding such changes as may be necessary to update the plan previously submitted.

(e)Notwithstanding any other provision of this section, the Secretary—

(1)shall review the information included in an Indian housing plan pursuant to subsections (b)(4) 22 So in original. Subsec. (b) does not contain a par. (4). and (c)(7) 33 So in original. Subsec. (c) does not contain a par. (7). only to determine whether the information is included for purposes of compliance with the requirement under section 4145a(b)(2) 44 So in original. section 4145a(b) of this title does not contain a par. (2). of this title; and

(2)may not approve or disapprove an Indian housing plan based on the content of the particular benefits, activities, or results included pursuant to subsections (b)(4) 2 and (c)(7).3

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(2) and (c)(3), was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see

Short Title

note set out under section 4101 of this title and Tables. section 4112(c)(5) of this title, referred to in subsec. (c), was repealed by Pub. L. 110–411, title I, § 102(2), Oct. 14, 2008, 122 Stat. 4321.

Amendments

2008—Subsec. (d). Pub. L. 110–411, § 103(1), substituted “tribal program” for “fiscal” in two places, struck out “(with respect to information included for the 5-year period under section 4112(b) of this title or the 1-year period under section 4112(c) of this title)” before “by submitting only such information”, and struck out at end “Not less than once every 5 years, the tribe shall submit a complete plan.” Subsec. (e). Pub. L. 110–411, § 103(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “This section and section 4112 of this title shall take effect on the date provided by the Secretary pursuant to section 4116(a) of this title to provide for timely submission and review of Indian housing plans as necessary for the provision of assistance under this chapter in fiscal year 1998.” 1998—Subsec. (c)(3). Pub. L. 105–276 inserted “not” before “prohibited”.

§4113 Review of plans