§4240 — Title 25 Indians | U.S. Code

Summary

The Secretary must review and audit the Department of Hawaiian Home Lands at least once a year. The checks look at whether the Director carried out eligible activities on time; made required certifications and followed this subchapter and other laws; still has the ability to keep doing those activities on time; followed the housing plan filed under section 4223; and whether the Department’s performance reports under section 4240 are accurate. Reviews should include onsite visits by HUD staff when practical. The Department of Hawaiian Home Lands gets at least 30 days to review and comment on the report. After considering those comments, the Secretary may change the report and must make the report and the Department’s comments (and any changes) available to the public within 30 days after getting the comments. The Secretary may adjust, reduce, or stop annual grants based on the findings, but cannot take back money already spent on affordable housing or deduct those spent amounts from future assistance.

Title 25, §4240

Indians — Source: USLM XML via OLRC

(a)(1)The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether—

(A)the Director has—

(i)carried out eligible activities under this subchapter in a timely manner;

(ii)carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and

(iii)a continuing capacity to carry out the eligible activities in a timely manner;

(B)the Director has complied with the housing plan submitted by the Director under section 4223 of this title; and

(C)the performance reports of the Department under section 4240 11 So in original. Probably should be section “4239”. of this title are accurate.

(2)Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development.

(b)The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department.

(c)The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section. The Secretary may adjust, reduce, or withdraw grant amounts, or take other action as appropriate in accordance with the reviews and audits of the Secretary under this section, except that grant amounts already expended on affordable housing activities may not be recaptured or deducted from future assistance provided to the Department of Hawaiian Home Lands.

Editorial Notes

Codification Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical section 821 of Pub. L. 104–330. This section is based on the text of section 821 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513.

§4240 Review and Audit by Secretary

Summary

Title 25, §4240

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata