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25 U.S.C. § 4228 — Review of plans

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4228 — Review of plans

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Stable record: federal_law:legal_authorities:record_usc_65c4e6da3b521486c96261a1
Source file: Laws/federal/codes/united-states-code/title-25/section-4228-review-of-plans--9197d77168.md
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Source location: Title 25, Chapter 43, § 4228; chapter-043-native-american-housing-assistance-and-self-determination.md

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**(a) Review and notice** (1) **Review** (A) *In general* — The Secretary shall conduct a review of a housing plan submitted to the Secretary under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) to ensure that the plan complies with the requirements of that section. (B) *Limitation* — The Secretary shall have the discretion to review a plan referred to in subparagraph (A) only to the extent that the Secretary considers that the review is necessary. (2) **Notice** (A) *In general* — Not later than 60 days after receiving a plan under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim), the Secretary shall notify the Director of the Department of Hawaiian Home Lands whether the plan complies with the requirements under that section. (B) *Effect of failure of Secretary to take action* — For purposes of this subchapter, if the Secretary does not notify the Director, as required under this subsection and subsection (b), upon the expiration of the 60-day period described in subparagraph (A)— (i) the plan shall be considered to have been determined to comply with the requirements under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and (ii) the Director shall be considered to have been notified of compliance. **(b) Notice of reasons for determination of noncompliance** If the Secretary determines that a plan submitted under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) does not comply with the requirements of that section, the Secretary shall specify in the notice under subsection (a)— (1) the reasons for noncompliance; and (2) any modifications necessary for the plan to meet the requirements of [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim). **(c) Review** (1) **In general** — After the Director of the Department of Hawaiian Home Lands submits a housing plan under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim), 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 a determination under this subsection, the Secretary shall review the plan (including any amendments or modifications thereto) to determine whether the contents of the plan— (A) set forth the information required by [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) to be contained in the housing plan; (B) are consistent with information and data available to the Secretary; and (C) are not prohibited by or inconsistent with any provision of this chapter or any other applicable law. (2) **Incomplete plans** — If the Secretary determines under this subsection that any of the appropriate certifications required under [section 4223(c)(2)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223/c/2/E&num=0&edition=prelim) are not included in a plan, the plan shall be considered to be incomplete. **(d) Updates to plan** (1) **In general** — Subject to paragraph (2), after a plan under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) has been submitted for a fiscal year, the Director of the Department of Hawaiian Home Lands may comply with the provisions of that section for any succeeding fiscal year (with respect to information included for the 5-year period under [section 4223(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223/b&num=0&edition=prelim) or for the 1-year period under [section 4223(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223/c&num=0&edition=prelim)) by submitting only such information regarding such changes as may be necessary to update the plan previously submitted. (2) **Complete plans** — The Director shall submit a complete plan under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) not later than 4 years after submitting an initial plan under that section, and not less frequently than every 4 years thereafter. **(e) Effective date** This section and [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim) shall take effect on the date provided by the Secretary pursuant to section 4227(a) 11 So in original. Probably should be section “4227”. of this title to provide for timely submission and review of the housing plan as necessary for the provision of assistance under this subchapter for fiscal year 2001.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4223 — 50-year leasehold interest in trust or restricted lands for housing purposes

**(a) Authority to lease** Notwithstanding any other provision of law, any trust or restricted Indian lands, whether tribally or individually owned, may be leased by the Indian owners, subject to the approval of the affected Indian tribe and the Secretary of the Interior, for housing development and residential purposes. **(b) Term** Each lease pursuant to subsection (a) shall be for a term not exceeding 50 years. **(c) Rule of construction** This section may not be construed to repeal, limit, or affect any authority to lease any trust or restricted Indian lands that— (1) is conferred by or pursuant to any other provision of law; or (2) provides for leases for any period exceeding 50 years. **(d) Self-implementation** This section is intended to be self-implementing and shall not require the issuance of any rule, regulation, or order to take effect as provided in section 705.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4223

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4101 — Review and audit by Secretary

**(a) Annual review** (1) **In general** — The Secretary shall, not less frequently than on an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether— (A) the Director has— (i) carried out eligible activities under this subchapter in a timely manner; (ii) carried out and made certifications in accordance with the requirements and the primary objectives of this subchapter and with other applicable laws; and (iii) a continuing capacity to carry out the eligible activities in a timely manner; (B) the Director has complied with the housing plan submitted by the Director under [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4223&num=0&edition=prelim); and (C) the performance reports of the Department under section 4240 11 So in original. Probably should be section “4239”. of this title are accurate. (2) **Onsite visits** — Each review conducted under this section shall, to the extent practicable, include onsite visits by employees of the Department of Housing and Urban Development. **(b) Report by Secretary** The Secretary shall give the Department of Hawaiian Home Lands not less than 30 days to review and comment on a report under this subsection. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the comments of the Department and the report with any revisions, readily available to the public not later than 30 days after receipt of the comments of the Department. **(c) Effect of reviews** The Secretary may make appropriate adjustments in the amount of annual grants under this subchapter in accordance with the findings of the Secretary pursuant to reviews and audits under this section

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4101

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 4228 — Affordable housing activities

Page 672 TITLE 25—INDIANS § 4227 1 So in original. No subsec. (b) has been enacted. (4) specify that the Director— (A) consents to assume the status of a re- sponsible Federal official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and each provision of law speci- fied in regulations issued by the Secretary to the extent that those laws apply by rea- son of subsection (a); and (B) is authorized and consents on behalf of the Department of Hawaiian Home Lands and the Director to accept the jurisdiction of the Federal courts for the purpose of en- forcement of the responsibilities of the Di- rector of the Department of Hawaiian Home Lands as such an official. (Pub. L. 104–330, title VIII, § 806, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2883, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2977.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a)(1), (b)(2), and (c)(4)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 806 of Pub. L. 104–330. This section is based on the text of section 806 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4227. Regulations The Secretary shall issue final regulations necessary to carry out this subchapter not later than October 1, 2001. (Pub. L. 104–330, title VIII, § 807, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 288

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 4228

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