25 U.S.C. § 4165: Review and audit by Secretary

Summary

A housing entity picked by an Indian tribe must be treated like a non-Federal entity under chapter 75 of title 31 and follow the audit rules that apply to those non-Federal entities. The Secretary can also do extra reviews or audits to check if the recipient has done eligible activities on time, followed this law and required certifications, still has the ability to carry out the work, follows its Indian housing plan, and whether performance reports filed under section 4164 are accurate. When possible, these reviews should include on-site visits. Before finalizing a report, the Secretary must give the recipient notice and at least 30 days to review and comment. After considering comments, the Secretary may revise the report and must make the report and the recipient’s comments public within 30 days after getting the comments. Based on these reports and audits, and subject to section 4161(a), the Secretary can adjust the recipient’s grant amount to reflect the findings.

Title 25, §4165

Indians, Source: USLM XML via OLRC

(a)Requirements under chapter 75 of title 31

An entity designated by an Indian tribe as a housing entity shall be treated, for purposes of chapter 75 of title 31, as a non-Federal entity that is subject to the audit requirements that apply to non-Federal entities under that chapter.

(b)Additional reviews and audits

(1)In general

In addition to any audit or review under subsection (a), to the extent the Secretary determines such action to be appropriate, the Secretary may conduct an audit or review of a recipient in order to—

(A)determine whether the recipient—

(i)has carried out—

(I)eligible activities in a timely manner; and

(II)eligible activities and certification in accordance with this chapter and other applicable law;

(ii)has a continuing capacity to carry out eligible activities in a timely manner; and

(iii)is in compliance with the Indian housing plan of the recipient; and

(B)verify the accuracy of information contained in any performance report submitted by the recipient under section 4164 of this title.

(2)On-site visits

To the extent practicable, the reviews and audits conducted under this subsection shall include on-site visits by the appropriate official of the Department of Housing and Urban Development.

(c)Review of reports

(1)In general

The Secretary shall provide each recipient that is the subject of a report made by the Secretary under this section notice that the recipient may review and comment on the report during a period of not less than 30 days after the date on which notice is issued under this paragraph.

(2)Public availability

After taking into consideration any comments of the recipient under paragraph (1), the Secretary—

(A)may revise the report; and

(B)not later than 30 days after the date on which those comments are received, shall make the comments and the report (with any revisions made under subparagraph (A)) readily available to the public.

(d)Effect of reviews

Subject to section 4161(a) of this title, after reviewing the reports and audits relating to a recipient that are submitted to the Secretary under this section, the Secretary may adjust the amount of a grant made to a recipient under this chapter in accordance with the findings of the Secretary with respect to those reports and audits.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b)(1)(A)(i)(II) and (d), 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.

Amendments

2000—Pub. L. 106–568 and Pub. L. 106–569 amended section identically, reenacting section catchline without change and amending text generally. Prior to amendment, section required the Secretary to make reviews and audits of recipients’ activities and performance, to prepare reports, and to make adjustments in amounts of annual grants under this chapter based on the reviews and audits.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.

§4165 Review and Audit by Secretary