§ 4224. — 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: 25USC4224]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
Sec. 4224. Review of plans
(a) Review and notice
(1) Review
(A) In general
The Secretary shall conduct a review of a housing plan
submitted to the Secretary under section 4223 of this title to
ensure that the plan complies with the requirements of that
section.
(B) Limitation
The Secretary shall have the discretion to review a plan
referred to in subparagraph (A) only to the extent that the
Secretary considers that the review is necessary.
(2) Notice
(A) In general
Not later than 60 days after receiving a plan under section
4223 of this title, the Secretary shall notify the Director of
the Department of Hawaiian Home Lands whether the plan complies
with the requirements under that section.
(B) Effect of failure of Secretary to take action
For purposes of this subchapter, if the Secretary does not
notify the Director, as required under this subsection and
subsection (b) of this section, upon the expiration of the 60-
day period described in subparagraph (A)--
(i) the plan shall be considered to have been determined
to comply with the requirements under section 4223 of this
title; and
(ii) the Director shall be considered to have been
notified of compliance.
(b) Notice of reasons for determination of noncompliance
If the Secretary determines that a plan submitted under section 4223
of this title does not comply with the requirements of that section, the
Secretary shall specify in the notice under subsection (a) of this
section--
(1) the reasons for noncompliance; and
(2) any modifications necessary for the plan to meet the
requirements of section 4223 of this title.
(c) Review
(1) In general
After the Director of the Department of Hawaiian Home Lands
submits a housing plan under section 4223 of this title, 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 a determination under this subsection, the Secretary shall
review the plan (including any amendments or modifications thereto)
to determine whether the contents of the plan--
(A) set forth the information required by section 4223 of
this title to be contained in the housing plan;
(B) are consistent with information and data available to
the Secretary; and
(C) are not prohibited by or inconsistent with any provision
of this chapter or any other applicable law.
(2) Incomplete plans
If the Secretary determines under this subsection that any of
the appropriate certifications required under section 4223(c)(2)(E)
of this title are not included in a plan, the plan shall be
considered to be incomplete.
(d) Updates to plan
(1) In general
Subject to paragraph (2), after a plan under section 4223 of
this title has been submitted for a fiscal year, the Director of the
Department of Hawaiian Home Lands may comply with the provisions of
that section for any succeeding fiscal year (with respect to
information included for the 5-year period under section 4223(b) of
this title or for the 1-year period under section 4223(c) of this
title) by submitting only such information regarding such changes as
may be necessary to update the plan previously submitted.
(2) Complete plans
The Director shall submit a complete plan under section 4223 of
this title not later than 4 years after submitting an initial plan
under that section, and not less frequently than every 4 years
thereafter.
(e) Effective date
This section and section 4223 of this title shall take effect on the
date provided by the Secretary pursuant to section 4227(a) \1\ of this
title to provide for timely submission and review of the housing plan as
necessary for the provision of assistance under this subchapter for
fiscal year 2001.
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\1\ So in original. Probably should be section ``4227''.
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(Pub. L. 104-330, title VIII, Sec. 804, as added Pub. L. 106-568, title
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2881, and Pub. L. 106-569, title
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2975.)
Codification
Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
substantially identical sections 804 of Pub. L. 104-330. This section is
based on the text of section 804 of Pub. L. 104-330, as added by Pub. L.
106-569, Sec. 513.
Section Referred to in Other Sections
This section is referred to in section 4222 of this title.
