25-U.S.C.-4165
§4165 – Review and Audit By Secretary
Pathway
Title 25 > Chapter 43 > Subchapter IV > Section 4165
Details
- Reference: Section 4165
- Legend: §4165 – Review and Audit By Secretary
- USCode Year: 2013
Provision Content
(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, §405, Oct. 26, 1996, 110 Stat. 4040; Pub. L. 106–568, title X, §1003(f)(2), Dec. 27, 2000, 114 Stat. 2927; Pub. L. 106–569, title V, §503(e)(2), Dec. 27, 2000, 114 Stat. 2963.)
References in Text
This chapter, referred to in subsecs. (b)(1)(A)(i)(II) and (d), 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.
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.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-4140 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-4140, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
22-U.S.C.-8175 in the Legal Encyclopedia: Reports
In this entry about 22-U.S.C.-8175, find legal reference material, bibliographies and premiere content related to reports in the American Encyclopedia of Law, presenting a comprehensive view of the United States reports-specific issues, written by authorities in the field.
25-U.S.C.-4139 in the Legal Encyclopedia: Housing
In this entry about 25-U.S.C.-4139, find legal reference material, bibliographies and premiere content related to housing in the American Encyclopedia of Law, presenting a comprehensive view of the United States housing-specific issues, written by authorities in the field.
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