§ 4165. — Review and audit by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4165]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER IV--COMPLIANCE, AUDITS, AND REPORTS
Sec. 4165. Review and audit by Secretary
(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) of this
section, 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.
(Pub. L. 104-330, title IV, Sec. 405, Oct. 26, 1996, 110 Stat. 4040;
Pub. L. 106-568, title X, Sec. 1003(f)(2), Dec. 27, 2000, 114 Stat.
2927; Pub. L. 106-569, title V, Sec. 503(e)(2), Dec. 27, 2000, 114 Stat.
2963.)
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.
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.
