§ 4113. — Review of plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4113]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 4113. Review of plans
(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 are not included in the
plan, the plan shall be deemed to be incomplete.
(d) Updates to plan
After a plan under section 4112 of this title has been submitted for
an Indian tribe for any fiscal year, the tribe may comply with the
provisions of such section for any succeeding fiscal year (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) by
submitting only such information regarding such changes as may be
necessary to update the plan previously submitted. Not less than once
every 5 years, the tribe shall submit a complete plan.
(e) Effective date
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.
(Pub. L. 104-330, title I, Sec. 103, Oct. 26, 1996, 110 Stat. 4026; Pub.
L. 105-276, title V, Sec. 595(e)(6), Oct. 21, 1998, 112 Stat. 2657.)
Amendments
1998--Subsec. (c)(3). Pub. L. 105-276 inserted ``not'' before
``prohibited''.
Section Referred to in Other Sections
This section is referred to in section 4111 of this title.
