§ 4240. — Review and audit by Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4240]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
Sec. 4240. Review and audit by Secretary
(a) Annual review
(1) In general
The Secretary shall, not less frequently than on an annual
basis, make such reviews and audits as may be necessary or
appropriate to determine whether--
(A) the Director has--
(i) carried out eligible activities under this
subchapter in a timely manner;
(ii) carried out and made certifications in accordance
with the requirements and the primary objectives of this
subchapter and with other applicable laws; and
(iii) a continuing capacity to carry out the eligible
activities in a timely manner;
(B) the Director has complied with the housing plan
submitted by the Director under section 4223 of this title; and
(C) the performance reports of the Department under section
4240 \1\ of this title are accurate.
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\1\ So in original. Probably should be section ``4239''.
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(2) Onsite visits
Each review conducted under this section shall, to the extent
practicable, include onsite visits by employees of the Department of
Housing and Urban Development.
(b) Report by Secretary
The Secretary shall give the Department of Hawaiian Home Lands not
less than 30 days to review and comment on a report under this
subsection. After taking into consideration the comments of the
Department, the Secretary may revise the report and shall make the
comments of the Department and the report with any revisions, readily
available to the public not later than 30 days after receipt of the
comments of the Department.
(c) Effect of reviews
The Secretary may make appropriate adjustments in the amount of
annual grants under this subchapter in accordance with the findings of
the Secretary pursuant to reviews and audits under this section. The
Secretary may adjust, reduce, or withdraw grant amounts, or take other
action as appropriate in accordance with the reviews and audits of the
Secretary under this section, except that grant amounts already expended
on affordable housing activities may not be recaptured or deducted from
future assistance provided to the Department of Hawaiian Home Lands.
(Pub. L. 104-330, title VIII, Sec. 821, as added Pub. L. 106-568, title
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2894, and Pub. L. 106-569, title
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2988.)
Codification
Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted
identical sections 821 of Pub. L. 104-330. This section is based on the
text of section 821 of Pub. L. 104-330, as added by Pub. L. 106-569,
Sec. 513.
