25 U.S.C. § 4240: Review and audit by Secretary

Summary

The Secretary must do reviews and audits at least once a year of the Department of Hawaiian Home Lands. The reviews check whether the Director has done the allowed activities on time, followed the program rules and goals and other laws, kept the ability to keep doing the work, followed the housing plan, and whether the Department’s performance reports are accurate. When possible, HUD staff should visit sites in person during these reviews. The Secretary must give the Department at least 30 days to look at and comment on the report. After considering those comments, the Secretary can change the report and must make the report and the Department’s comments public no later than 30 days after getting the comments. The Secretary may adjust, reduce, or stop future grant money based on the reviews, but money already spent on affordable housing cannot be taken back or subtracted from future help to the Department.

Title 25, §4240

Indians, Source: USLM XML via OLRC

(a)Annual review

(1)In general

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 of this title are accurate.

(2)Onsite visits

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)Report by Secretary

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)Effect of reviews

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