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United States Code (Last Updated: May 24, 2014) |
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Title 25. INDIANS |
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Chapter 43. NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION |
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SubChapter I. BLOCK GRANTS AND GRANT REQUIREMENTS |
§ 4113. Review of plans
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(a) Review and notice (1) Review The Secretary shall conduct a limited review of each Indian housing plan submitted to the Secretary to ensure that the plan complies with the requirements of section 4112 of this title. The Secretary shall have the discretion to review a plan only to the extent that the Secretary considers review is necessary.
(2) Notice The Secretary shall notify each Indian tribe for which a plan is submitted and any tribally designated housing entity for the tribe whether the plan complies with such requirements not later than 60 days after receiving the plan. If the Secretary does not notify the Indian tribe, as required under this subsection and subsection (b) of this section, the plan shall be considered, for purposes of this chapter, to have been determined to comply with the requirements under section 4112 of this title and the tribe shall be considered to have been notified of compliance upon the expiration of such 60-day period.
(b) Notice of reasons for determination of noncompliance If the Secretary determines that a plan, as submitted, does not comply with the requirements under section 4112 of this title, the Secretary shall specify in the notice under subsection (a) of this section the reasons for the noncompliance and any modifications necessary for the plan to meet the requirements under section 4112 of this title.
(c) Review After submission of the Indian housing plan or any amendment or modification to the plan to the Secretary, to the extent that the Secretary considers such action to be necessary to make determinations under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan— (1) set forth the information required by section 4112 of this title to be contained in an Indian housing plan; (2) are consistent with information and data available to the Secretary; and (3) are not prohibited by or inconsistent with any provision of this chapter or other applicable law. If the Secretary determines that any of the appropriate certifications required under section 4112(c)(5) of this title; and (2) may not approve or disapprove an Indian housing plan based on the content of the particular benefits, activities, or results included pursuant to subsections (b)(4) 2 and (c)(7).3
References In Text
This chapter, referred to in subsecs. (a)(2) and (c)(3), was in the original “this Act”, meaning Pub. L. 104–330,
Section 4112(c)(5) of this title, referred to in subsec. (c), was repealed by Pub. L. 110–411, title I, § 102(2),
Amendments
2008—Subsec. (d). Pub. L. 110–411, § 103(1), substituted “tribal program” for “fiscal” in two places, struck out “(with respect to information included for the 5-year period under section 4112(b) of this title or the 1-year period under section 4112(c) of this title)” before “by submitting only such information”, and struck out at end “Not less than once every 5 years, the tribe shall submit a complete plan.”
Subsec. (e). Pub. L. 110–411, § 103(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “This section and section 4112 of this title shall take effect on the date provided by the Secretary pursuant to section 4116(a) of this title to provide for timely submission and review of Indian housing plans as necessary for the provision of assistance under this chapter in fiscal year 1998.”
1998—Subsec. (c)(3). Pub. L. 105–276 inserted “not” before “prohibited”.