
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
