republic-os/legal/us/code/title-25/chapter-43/section-4165.md

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LegalText	25 U.S.C. § 4165	Review and audit by Secretary	us	united_states_code	code_section	25	INDIANS	43	NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION	4165	25 U.S.C. § 4165	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip	/us/usc/t25/s4165	data/legal/raw/us/code/title-25/usc25.xml	80648cc2bac7e8a3022a755bde894da1d8f54b4e7c268c3f6ae8e18af48eabf0	d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168	ad8dbbee485c277864005aabceef94b67e7712b6e17dc6e5745a54a84758ef28	2026-07-04	official	legal us-code

25 U.S.C. § 4165 - Review and audit by Secretary

Text

(a) Requirements under chapter 75 of title 31 An entity designated by an Indian tribe as a housing entity shall be treated, for purposes of chapter 75 of title 31, as a non-Federal entity that is subject to the audit requirements that apply to non-Federal entities under that chapter.

(b) Additional reviews and audits (1) In general In addition to any audit or review under subsection (a), to the extent the Secretary determines such action to be appropriate, the Secretary may conduct an audit or review of a recipient in order to—

(A) determine whether the recipient—

(i) has carried out—

(I) eligible activities in a timely manner; and

(II) eligible activities and certification in accordance with this chapter and other applicable law;

(ii) has a continuing capacity to carry out eligible activities in a timely manner; and

(iii) is in compliance with the Indian housing plan of the recipient; and

(B) verify the accuracy of information contained in any performance report submitted by the recipient under section 4164 of this title.

(2) On-site visits To the extent practicable, the reviews and audits conducted under this subsection shall include on-site visits by the appropriate official of the Department of Housing and Urban Development.

(c) Review of reports (1) In general The Secretary shall provide each recipient that is the subject of a report made by the Secretary under this section notice that the recipient may review and comment on the report during a period of not less than 30 days after the date on which notice is issued under this paragraph.

(2) Public availability After taking into consideration any comments of the recipient under paragraph (1), the Secretary—

(A) may revise the report; and

(B) not later than 30 days after the date on which those comments are received, shall make the comments and the report (with any revisions made under subparagraph (A)) readily available to the public.

(d) Effect of reviews Subject to section 4161(a) of this title, after reviewing the reports and audits relating to a recipient that are submitted to the Secretary under this section, the Secretary may adjust the amount of a grant made to a recipient under this chapter in accordance with the findings of the Secretary with respect to those reports and audits.

(Pub. L. 104–330, title IV, § 405, Oct. 26, 1996, 110 Stat. 4040; Pub. L. 106–568, title X, § 1003(f)(2), Dec. 27, 2000, 114 Stat. 2927; Pub. L. 106–569, title V, § 503(e)(2), Dec. 27, 2000, 114 Stat. 2963.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsecs. (b)(1)(A)(i)(II) and (d), was in the original “this Act”, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing Assistance and Self-Determination Act of 1996. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables.

Amendments2000—Pub. L. 106–568 and Pub. L. 106–569 amended section identically, reenacting section catchline without change and amending text generally. Prior to amendment, section required the Secretary to make reviews and audits of recipients’ activities and performance, to prepare reports, and to make adjustments in amounts of annual grants under this chapter based on the reviews and audits.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title.