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25 U.S.C. § 4113 — Review of plans

submitted 30 years ago by Pub. L. 104-330 to r/title-25-INDIANS · 506 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary reviews Indian housing plans for required compliance and must notify the tribe within 60 days. The section also governs incomplete plans, updates, and review of self-determined activities.

(a) Review and notice. (1) The Secretary must conduct a limited review of each Indian housing plan to make sure it meets section 4112. The Secretary may review only as much as the Secretary considers necessary. (2) Within 60 days after receiving the plan, the Secretary must tell the Indian tribe and any tribally designated housing entity whether the plan complies. If the Secretary does not give the required notice under this subsection and subsection (b), then, when the 60 days ends, the plan is treated, for purposes of this chapter, as having been determined to comply with section 4112, and the tribe is treated as having been notified of compliance. (b) If the Secretary finds that the submitted plan does not comply with section 4112, the notice must state the reasons and the changes needed for compliance. (c) After a plan, amendment, or modification is submitted, the Secretary must review it as far as the Secretary considers necessary to decide whether it (1) includes information required by section 4112; (2) agrees with information and data available to the Secretary; and (3) is not prohibited by or inconsistent with this chapter or other applicable law. If any required certification under section 4112(c)(5) is missing, the plan is incomplete. (d) After a tribe submits a plan for one tribal program year, it may satisfy section 4112 for a later year by submitting only information needed to update the earlier plan. (e) For information included under subsections (b)(4) and (c)(7), the Secretary may review it only to decide whether it is included to comply with section 4145a(b)(2). The Secretary may not approve or disapprove a plan based on the particular benefits, activities, or results included there.

the actual law source: uscode.house.gov ↗public domain
(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), 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) 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) 1 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 tribal program year, the tribe may comply with the provisions of such section for any succeeding tribal program year by submitting only such information regarding such changes as may be necessary to update the plan previously submitted.

(e) Self-determined activities program

Notwithstanding any other provision of this section, the Secretary—

(1)

shall review the information included in an Indian housing plan pursuant to subsections (b)(4) 2 and (c)(7) 3 only to determine whether the information is included for purposes of compliance with the requirement under section 4145a(b)(2) 4 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

Source credit: (Pub. L. 104–330, title I, § 103, Oct. 26, 1996, 110 Stat. 4026; Pub. L. 105–276, title V, § 595(e)(6), Oct. 21, 1998, 112 Stat. 2657; Pub. L. 110–411, title I, § 103, Oct. 14, 2008, 122 Stat. 4323.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-330 · 110 Stat. 4026
  • 1998Amended · Pub. L. 105-276 · 112 Stat. 2657
  • 2008Amended · Pub. L. 110-411 · 122 Stat. 4323

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-330 on 1996-10-26.

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