§ 4113. Review of plans

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Subsec. (b) does not contain a par. (4).
3. 3 So in original. Subsec. (c) does not contain a par. (7).
4. 4 So in original. Section 4145a(b) of this title does not contain a par. (2).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Native American Housing Assistance and Self-Determination Act of 1996

   Pub. L. 104–330 title I § 103 · 110 Stat. 4016

   Enacted · 25 U.S.C. § 4113

   Pub. L. 104–330, title I, § 103, Oct. 26, 1996, 110 Stat. 4026

   Source evidence

   Code source credit
   Pub. L. 104–330, title I, § 103, Oct. 26, 1996, 110 Stat. 4026

   Enacted provision · exact public law section
   SEC. 103. REVIEW OF PLANS. (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 102. 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 Act, to have been determined to comply with the requirements under section 102 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 102, 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 102. (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 102 to be contained in an Indian housing plan; (2) are consistent with information and data available to the Secretary; and (3) are prohibited by or inconsistent with any provision of this Act or other applicable law. If the Secretary determines that any of the appropriate certifications required under section 102(c)(5) are not included in the plan, the plan shall be deemed to be incomplete. (d) Updates to Plan.— After a plan under section 102 has been submitted for an Indian tribe for any fiscal year, the tribe may comply with the provisions of such section for any succeeding fiscal year (with respect to information included for the 5-year period under section 102(b) or the 1-year period under section 102(c)) by submitting only such information regarding such changes as may be necessary to update the plan previously submitted. Not less than once every 5 years, the tribe shall submit a complete plan. (e) Effective Date.— This section and section 102 shall take effect on the date provided by the Secretary pursuant to section 106(a) to provide for timely submission and review of Indian housing plans as necessary for the provision of assistance under this Act in fiscal year 1998.

2. 1998

   Pub. L. 105–276 title V § 595(e)(6) · 112 Stat. 2461

   Inserted · 25 U.S.C. § 4113(c)(3)

   Pub. L. 105–276 inserted “not” before “prohibited”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 105–276 inserted “not” before “prohibited”.

   Enacted provision · exact public law section
   (6) Clarification.— Section 103(c)(3) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4113(c)(3)) is amended by inserting “not” before “prohibited”.

3. 2008

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2008

   Pub. L. 110–411 § 103(1) · 122 Stat. 4319

   1. Substituted · 25 U.S.C. § 4113(d)

      Pub. L. 110–411, § 103(1), substituted “tribal program” for “fiscal” in two places

   2. Struck · 25 U.S.C. § 4113(d)

      Pub. L. 110–411, § 103(1), 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”

   3. Struck · 25 U.S.C. § 4113(d)

      Pub. L. 110–411, § 103(1), struck out at end “Not less than once every 5 years, the tribe shall submit a complete plan.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (1) in subsection (d)— (A) in the first sentence— (i) by striking “fiscal” each place it appears and inserting “tribal program”; and (ii) by striking “(with respect to” and all that follows through “section 102(c))”; and (B) by striking the second sentence; and

4. 2008

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2008

   Pub. L. 110–411 § 103(2) · 122 Stat. 4319

   1. Added · 25 U.S.C. § 4113(e)

      Pub. L. 110–411, § 103(2), added subsec. (e)

   2. Struck · 25 U.S.C. § 4113(e)

      Pub. L. 110–411, § 103(2), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (2) by striking subsection (e) and inserting the following: “(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) and (c)(7) only to determine whether the information is included for purposes of compliance with the requirement under section 232(b)(2); 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) and (c)(7).” .

7 of 7 references resolved to an enrolled provision