25 U.S.C. § 4165

Review and audit by Secretary

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(a) Requirements under chapter 75 of title 31

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.

(b) Additional reviews and audits(1) In generalIn addition to any audit or review under subsection (a), 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.

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 availabilityAfter 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.(d) Effect of reviews

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.

(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 NotesReferences 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 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.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 9 cases, 2011–2017 · leading case: Lummi Tribe of the Lummi Reservation v. United States, 106 Fed. Cl. 623 (Fed. Cl. 2012).

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Lummi Tribe of the Lummi Reservation v. United States, 106 Fed. Cl. 623 (Fed. Cl. 2012). · cites it 8× “§ 4161 ), or by adjusting the amount of a grant as indicated in Section 405 of NAHASDA (codified at 25 U.S.C. § 4165 ). Plaintiffs maintain, however, that under either section, HUD is required to satisfy the notice and hearing provisions of 24 C.”

Lummi Tribe of Lummi Reservation, Washington v. United States, 870 F.3d 1313 (Fed. Cir. 2017). · cites it 2× “In relevant part, the Tribes alleged that: (1) HUD misapplied the NAHASDA formula by inappropriately removing housing units from the FCAS data, which led to decreased grant amounts; and (2) HUD was obligated by 25 U.S.C. § 4165 to provide the Tribes with a hearing during which…”

Crow Tribal Hous. Auth. v. U.S. Dep't of Hous. & Urban Dev., 781 F.3d 1095 (9th Cir. 2015). · cites it 5× “Because the record establishes that HUD’s actions triggered 25 U.S.C. § 4165 but did not violate that section’s hearing requirement, we reverse the district court’s judgment.”

Crow Tribal Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 924 F. Supp. 2d 1217 (D. Mont. 2013). · cites it 7× “25 U.S.C. § 4165 (a)-(e). In addition, that same Section states: (d) Effect of reviews 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…”

Modoc Lassen Indian Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 881 F.3d 1181 (10th Cir. 2017). “findings” that HUD made “pursuant to reviews and audits under [ 25 U.S.C. § 4165 ].” 24 C.F.R. § 1000.532 (a) (1998).”

Lummi Tribe of the Lummi Reservation v. United States, 99 Fed. Cl. 584 (Fed. Cl. 2011). “§ 4161 , plaintiffs similarly argue that HUD failed to accord them the procedural protections contemplated under 25 U.S.C. § 4165 — a companion statute that allows the Secretary to audit or review a grant recipient’s compliance with regulatory requirements and to adjust the…”

Modoc Lassen Indian Hous. Auth. v. United States Dep't of Hous. & Urban Dev., 864 F.3d 1212 (10th Cir. 2017). “findings” that HUD made “pursuant to reviews and audits under [ 25 U.S.C. § 4165 ].” 24 C.F.R. § 1000.532 (a) (1998).”

Walker River Paiute Tribe v. United States Dep't of Hous. & Urban Dev., 68 F. Supp. 3d 1202 (D. Nev. 2014). “Claims 2012) (“Because we conclude that [ 25 U.S.C. § 4165 ] applies in the instant case, we further conclude that HUD was not free to disregard the requirements of that section in favor of a common law remedy with no apparent rules or limitations.”

Hous. Auth. of the Te-Moak Tribe of W. Shoshone Indians v. United States Dep't of Hous. & Urban Dev., 85 F. Supp. 3d 1213 (D. Nev. 2015). “Claims 2012) (“Because we conclude that [ 25 U.S.C. § 4165 ] 'applies in the instant case, we further conclude that HUD was not free to disregard the requirements of that section in favor of a common law remedy with no apparent rules or limitations.”

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