25 U.S.C. § 4113
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.
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.
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.
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-
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.
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.
Notwithstanding any other provision of this section, the Secretary-
1 See References in Text note below.
2 So in original. Subsec. (b) does not contain a par. (4).
3 So in original. Subsec. (c) does not contain a par. (7).
4 So in original. Section 4145a(b) of this title does not contain a par. (2).
25 U.S.C. § 4113
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(2) and (c)(3), was in the original "this Act", meaning Pub. L. 104-330, 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.Section 4112(c)(5) of this title, referred to in subsec. (c), was repealed by Pub. L. 110-411, title I, §102(2), Oct. 14, 2008, 122 Stat. 4321.
AMENDMENTS2008-Subsec. (d). Pub. L. 110-411, §103(1), substituted "tribal program" for "fiscal" in two places, struck out "(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)" before "by submitting only such information", and struck out at end "Not less than once every 5 years, the tribe shall submit a complete plan."Subsec. (e). Pub. L. 110-411, §103(2), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: "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."1998-Subsec. (c)(3). Pub. L. 105-276 inserted "not" before "prohibited".
- Indian housing plan
- The term "Indian housing plan" means a plan under section 4112 of this title.
- Indian
- The term "Indian" means any person who is a member of an Indian tribe.
- tribally designated housing entity
- The terms "tribally designated housing entity" and "housing entity" have the following meaning:(A) Existing IHA'sWith respect to any Indian tribe that has not taken action under subparagraph (B), and for which an Indian housing authority-(i) was established for purposes of the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] before October 26, 1996, that meets the requirements under the United States Housing Act of 1937,(ii) is acting on October 26, 1996, as the Indian housing authority for the tribe, and(iii) is not an Indian tribe for purposes of this chapter,the terms mean such Indian housing authority.(B) Other entitiesWith respect to any Indian tribe that, pursuant to this chapter, authorizes an entity other than the tribal government to receive grant amounts and provide assistance under this chapter for affordable housing for Indians, which entity is established-(i) by exercise of the power of self-government of one or more Indian tribes independent of State law, or(ii) by operation of State law providing specifically for housing authorities or housing entities for Indians, including regional housing authorities in the State of Alaska,the terms mean such entity.(C) EstablishmentA tribally designated housing entity may be authorized or established by one or more Indian tribes to act on behalf of each such tribe authorizing or establishing the housing entity.1 See References in Text note below.