25 U.S.C. § 4224: Review of plans

Summary

The Secretary must review housing plans the Director of the Department of Hawaiian Home Lands sends under section 4223 to make sure they meet that section’s rules. The Secretary may limit the review to only what is needed. Within 60 days of getting a plan, the Secretary must tell the Director if the plan complies. If the Secretary does not notify the Director within 60 days, the plan is treated as approved and the Director as notified. If the plan is not compliant, the notice must explain why and say what changes are needed. The Secretary’s review checks that the plan has the required information, matches the Secretary’s data, and does not conflict with any law. If the certifications required by section 4223(c)(2)(E) are missing, the plan is incomplete. The Director may update later fiscal-year parts of the plan (the 5-year or 1-year sections) by submitting only the changes. The Director must submit a full, complete plan no later than 4 years after the first plan and at least every 4 years after that. These rules and section 4223 take effect on the date the Secretary sets under section 4227(a) so plans are ready for assistance for fiscal year 2001.

Title 25, §4224

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(a)Review and notice

(1)Review

(A)In general

The Secretary shall conduct a review of a housing plan submitted to the Secretary under section 4223 of this title to ensure that the plan complies with the requirements of that section.

(B)Limitation

The Secretary shall have the discretion to review a plan referred to in subparagraph (A) only to the extent that the Secretary considers that the review is necessary.

(2)Notice

(A)In general

Not later than 60 days after receiving a plan under section 4223 of this title, the Secretary shall notify the Director of the Department of Hawaiian Home Lands whether the plan complies with the requirements under that section.

(B)Effect of failure of Secretary to take action

For purposes of this subchapter, if the Secretary does not notify the Director, as required under this subsection and subsection (b), upon the expiration of the 60-day period described in subparagraph (A)—

(i)the plan shall be considered to have been determined to comply with the requirements under section 4223 of this title; and

(ii)the Director shall be considered to have been notified of compliance.

(b)Notice of reasons for determination of noncompliance

If the Secretary determines that a plan submitted under section 4223 of this title does not comply with the requirements of that section, the Secretary shall specify in the notice under subsection (a)—

(1)the reasons for noncompliance; and

(2)any modifications necessary for the plan to meet the requirements of section 4223 of this title.

(c)Review

(1)In general

After the Director of the Department of Hawaiian Home Lands submits a housing plan under section 4223 of this title, 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 a determination under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan—

(A)set forth the information required by section 4223 of this title to be contained in the housing plan;

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

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

(2)Incomplete plans

If the Secretary determines under this subsection that any of the appropriate certifications required under section 4223(c)(2)(E) of this title are not included in a plan, the plan shall be considered to be incomplete.

(d)Updates to plan

(1)In general

Subject to paragraph (2), after a plan under section 4223 of this title has been submitted for a fiscal year, the Director of the Department of Hawaiian Home Lands may comply with the provisions of that section for any succeeding fiscal year (with respect to information included for the 5-year period under section 4223(b) of this title or for the 1-year period under section 4223(c) of this title) by submitting only such information regarding such changes as may be necessary to update the plan previously submitted.

(2)Complete plans

The Director shall submit a complete plan under section 4223 of this title not later than 4 years after submitting an initial plan under that section, and not less frequently than every 4 years thereafter.

(e)Effective date

This section and section 4223 of this title shall take effect on the date provided by the Secretary pursuant to section 4227(a) of this title to provide for timely submission and review of the housing plan as necessary for the provision of assistance under this subchapter for fiscal year 2001.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(1)(C), 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. Codification Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical section 804 of Pub. L. 104–330. This section is based on the text of section 804 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.

§4224 Review of Plans