25 U.S.C. § 4240 — Review and audit by Secretary

Page 678 TITLE 25—INDIANS § 4239 1 So in original. Probably should be section ‘‘4239’’. based on the text of section 819 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4239. Performance reports (a) Requirement For each fiscal year, the Director shall— (1) review the progress the Department has made during that fiscal year in carrying out the housing plan submitted by the Department under section 4223 of this title; and (2) submit a report to the Secretary (in a form acceptable to the Secretary) describing the conclusions of the review. (b) Content Each report submitted under this section for a fiscal year shall— (1) describe the use of grant amounts pro- vided to the Department of Hawaiian Home Lands for that fiscal year; (2) assess the relationship of the use referred to in paragraph (1) to the goals identified in the housing plan; (3) indicate the programmatic accomplish- ments of the Department; and (4) describe the manner in which the Depart- ment would change its housing plan submitted under section 4223 of this title as a result of its experiences. (c) Submissions The Secretary shall— (1) establish a date for submission of each re- port under this section; (2) review each such report; and (3) with respect to each such report, make recommendations as the Secretary considers appropriate to carry out the purposes of this subchapter. (d) Public availability (1) Comments by beneficiaries In preparing a report under this section, the Director shall make the report publicly avail- able to the beneficiaries of the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et seq.) and give a sufficient amount of time to permit those beneficiaries to comment on that report before it is submitted to the Secretary (in such manner and at such time as the Direc- tor may determine). (2) Summary of comments The report shall include a summary of any comments received by the Director from bene- ficiaries under paragraph (1) regarding the program to carry out the housing plan. (Pub. L. 104–330, title VIII, § 820, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2893, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2987.) Editorial Notes REFERENCES IN TEXT The Hawaiian Homes Commission Act, 1920, referred to in subsec. (d)(1), is act July 9, 1921, ch. 42, 42 Stat. 108, which was classified generally to sections 691 to 718 of Title 48, Territories and Insular Possessions, and was omitted from the Code. CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 820 of Pub. L. 104–330. This section is based on the text of section 820 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4240. 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 au- dits as may be necessary or appropriate to de- termine 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; and (C) the performance reports of the Depart- ment under section 4240 1 of this title are ac- curate. (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 sub- section. After taking into consideration the comments of the Department, the Secretary may revise the report and shall make the com- ments 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 adjust- ments 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. The Secretary may adjust, reduce, or withdraw grant amounts, or take other action as appropriate in accordance with the reviews and audits of the Secretary under this section, except that grant amounts already expended on affordable housing activities may not be recaptured or deducted from future as- sistance provided to the Department of Hawai- ian Home Lands. (Pub. L. 104–330, title VIII, § 821, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2894, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2988.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 821 of Pub. L. 104–330. This section is Page 679 TITLE 25—INDIANS § 4301 based on the text of section 821 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4241. Government Accountability Office audits To the extent that the financial transactions of the Department of Hawaiian Home Lands in- volving grant amounts under this subchapter re- late to amounts provided under this subchapter, those transactions may be audited by the Comp- troller General of the United States under such regulations as may be prescribed by the Comp- troller General. The Comptroller General of the United States shall have access to all books, ac- counts, records, reports, files, and other papers, things, or property belonging to or in use by the Department of Hawaiian Home Lands pertaining to such financial transactions and necessary to facilitate the audit. (Pub. L. 104–330, title VIII, § 822, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 822 of Pub. L. 104–330. This section is based on the text of section 822 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in section catchline. § 4242. Reports to Congress (a) In general Not later than 90 days after the conclusion of each fiscal year in which assistance under this subchapter is made available, the Secretary shall submit to Congress a report that con- tains— (1) a description of the progress made in ac- complishing the objectives of this subchapter; (2) a summary of the use of funds available under this subchapter during the preceding fis- cal year; and (3) a description of the aggregate out- standing loan guarantees under section 1715z–13b of title 12. (b) Related reports The Secretary may require the Director to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to prepare the report required under subsection (a). (Pub. L. 104–330, title VIII, § 823, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted identical sections 823 of Pub. L. 104–330. This section is based on the text of section 823 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. § 4243. Authorization of appropriations There are authorized to be appropriated to the Department of Housing and Urban Development for grants under this subchapter such sums as may be necessary for each of fiscal years 2001, 2002, 2003, 2004, and 2005. (Pub. L. 104–330, title VIII, § 824, as added Pub. L. 106–568, title II, § 203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, § 513, Dec. 27, 2000, 114 Stat. 2989.) Editorial Notes CODIFICATION Pub. L. 106–568, § 203, and Pub. L. 106–569, § 513, enacted substantially identical sections 824 of Pub. L. 104–330. This section is based on the text of section 824 of Pub. L. 104–330, as added by Pub. L. 106–569, § 513. Section 824 of Pub. L. 104–330, as added by Pub. L. 106–568, § 203, au- thorized appropriations for fiscal years 2000 to 2004, in- stead of fiscal years 2001 to 2005. CHAPTER 44—NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND TOURISM Sec. 4301. Findings; purposes. 4302. Definitions. 4303. Office of Native American Business Develop- ment. 4304. Native American trade and export promotion. 4305. Intertribal tourism demonstration projects. 4306. Report to Congress. 4306a. Indian community development initiatives. 4307. Authorization of appropriations. § 4301. Findings; purposes (a) Findings Congress finds that— (1) clause 3 of section 8 of article I of the United States Constitution recognizes the spe- cial relationship between the United States and Indian Tribes; (2) beginning in 1970, with the inauguration by the Nixon Administration of the Indian self-determination era, each President has re- affirmed the special government-to-govern- ment relationship between Indian Tribes and the United States; (3) in 1994, President Clinton issued an Exec- utive memorandum to the heads of depart- ments and agencies that obligated all Federal departments and agencies, particularly those that have an impact on economic develop- ment, to evaluate the potential impacts of their actions on Indian Tribes; (4) consistent with the principles of inherent Tribal sovereignty and the special relationship between Indian Tribes and the United States, Indian Tribes retain the right to enter into contracts and agreements to trade freely, and seek enforcement of treaty and trade rights; (5) Congress has carried out the responsi- bility of the United States for the protection and preservation of Indian Tribes and the re- sources of Indian Tribes through the endorse- ment of treaties, and the enactment of other laws, including laws that provide for the exer- cise of administrative authorities; (6) the United States has an obligation to guard and preserve the sovereignty of Indian