25 U.S.C. § 4165
Section 4165 · Review and audit by Secretary
Amended 2 times on record
Applied in 9 court decisions — leading case 99 Fed. Cl. 584 - Lummi Tribe of the Lummi Reservation v. United States (2011)
Most recently applied in Modoc Lassen Indian Housing Authority v. United States Department of Housing & Urban Development (December 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
(1) In general
In addition to any audit or review under subsection (a) of this section, 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.
(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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2000—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.
Effective Date
Section 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.