25 U.S.C. § 4168 — Public availability of information

Page 658 TITLE 25—INDIANS § 4166 (2) Public availability After taking into consideration any com- ments 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. (d) Effect of reviews Subject to section 4161(a) of this title, after re- viewing the reports and audits relating to a re- cipient 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. (Pub. L. 104–330, title IV, § 405, Oct. 26, 1996, 110 Stat. 4040; Pub. L. 106–568, title X, § 1003(f)(2), Dec. 27, 2000, 114 Stat. 2927; Pub. L. 106–569, title V, § 503(e)(2), Dec. 27, 2000, 114 Stat. 2963.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(1)(A)(i)(II) and (d), was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 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. AMENDMENTS 2000—Pub. L. 106–568 and Pub. L. 106–569 amended sec- tion identically, reenacting section catchline without change and amending text generally. Prior to amend- ment, 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 re- views and audits. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4166. GAO audits To the extent that the financial transactions of Indian tribes and recipients of grant amounts under this chapter relate to amounts provided under this chapter, such transactions may be audited by the Comptroller General of the United States under such rules and regulations as may be prescribed by the Comptroller Gen- eral. The representatives of the Government Ac- countability Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such tribes and recipients pertaining to such financial transactions and necessary to facilitate the audit. (Pub. L. 104–330, title IV, § 406, Oct. 26, 1996, 110 Stat. 4041; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing As- sistance and Self-Determination Act of 1996. For com- plete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4167. Reports to Congress (a) In general Not later than 90 days after the conclusion of each fiscal year in which assistance under this chapter is made available, the Secretary shall submit to the Congress a report that contains— (1) a description of the progress made in ac- complishing the objectives of this chapter; (2) a summary of the use of funds available under this chapter during the preceding fiscal year; and (3) a description of the aggregate out- standing loan guarantees under subchapter VI. (b) Related reports The Secretary may require recipients of grant amounts under this chapter to submit to the Secretary such reports and other information as may be necessary in order for the Secretary to make the report required by subsection (a). (Pub. L. 104–330, title IV, § 407, Oct. 26, 1996, 110 Stat. 4041.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, known as the Native American Housing As- sistance and Self-Determination Act of 1996. For com- plete classification of this Act to the Code, see Short Title note set out under section 4101 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as a note under section 4101 of this title. § 4168. Public availability of information Each recipient shall make any housing plan, policy, or annual report prepared by the recipi- ent available to the general public. (Pub. L. 104–330, title IV, § 408, as added Pub. L. 105–276, title V, § 595(e)(14)(A), Oct. 21, 1998, 112 Stat. 2658.) Page 659 TITLE 25—INDIANS § 4183 1 See References in Text note below. SUBCHAPTER V—TERMINATION OF ASSIST- ANCE FOR INDIAN TRIBES UNDER INCOR- PORATED PROGRAMS § 4181. Termination of Indian housing assistance under United States Housing Act of 1937 (a) Termination of assistance After September 30, 1997, financial assistance may not be provided under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] or pursuant to any commitment entered into under such Act, for Indian housing developed or oper- ated pursuant to a contract between the Sec- retary and an Indian housing authority, unless such assistance is provided from amounts made available for fiscal year 1997 and pursuant to a commitment entered into before September 30, 1997. Any housing that is the subject of a con- tract for tenant-based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year there- after, be considered to be a dwelling unit under section 4152(b)(1) of this title. (b) Termination of restrictions on use of Indian housing After September 30, 1997, any housing devel- oped or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] shall not be subject to any provision of such Act or any annual con- tributions contract or other agreement pursuant to such Act, but shall be considered and main- tained as affordable housing for purposes of this chapter. (Pub. L. 104–330, title V, § 502, Oct. 26, 1996, 110 Stat. 4043; Pub. L. 106–568, title X, § 1003(k)(3), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(j)(3), Dec. 27, 2000, 114 Stat. 2966.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Ta- bles. This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 104–330, Oct. 26, 1996, 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. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–568 and Pub. L. 106–569 amended subsec. (a) identically, inserting at end ‘‘Any housing that is the subject of a contract for tenant- based assistance between the Secretary and an Indian housing authority that is terminated under this section shall, for the following fiscal year and each fiscal year thereafter, be considered to be a dwelling unit under section 4152(b)(1) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–330, title V, § 508, Oct. 26, 1996, 110 Stat. 4045, provided that: ‘‘Sections 502, 503, and 507 [25 U.S.C. 4181, 4182, 4183] shall take effect on the date of the en- actment of this Act [Oct. 26, 1996].’’ § 4182. Termination of new commitments for rental assistance After September 30, 1997, financial assistance for rental housing assistance under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.] may not be provided to any Indian housing au- thority or tribally designated housing entity, unless such assistance is provided pursuant to a contract for such assistance entered into by the Secretary and the Indian housing authority be- fore such date. Any such assistance provided pursuant to such a contract shall be governed by the provisions of the United States Housing Act of 1937 (as in effect before the date of the effec- tiveness of this chapter) and the provisions of such contract. (Pub. L. 104–330, title V, § 503, Oct. 26, 1996, 110 Stat. 4043.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in text, is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chapter 8 (§ 1437 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 1437 of Title 42 and Ta- bles. For the date of the effectiveness of this chapter, re- ferred to in text, as Oct. 1, 1997, except as otherwise ex- pressly provided, see section 107 of Pub. L. 104–330, set out as an Effective Date note under section 4101 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 26, 1996, see section 508 of Pub. L. 104–330, set out as a note under section 4181 of this title. § 4183. Savings provision (a) Existing rights and duties Except as provided in sections 4181 and 4182 of this title, this chapter may not be construed to affect the validity of any right, duty, or obliga- tion of the United States or other person arising under or pursuant to any commitment or agree- ment lawfully entered into before October 1, 1997, under the United States Housing Act of 1937 [42 U.S.C. 1437 et seq.], subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12899 et seq.],1 title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.], title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.], or section 2 of the HUD Demonstration Act of 1993. (b) Obligations under repealed provisions Notwithstanding the amendments made by this subchapter, any obligation of the Secretary