§ 4113 TITLE 25—INDIANS Page 714

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 complete classification of this

Act to the Code, see Short Title note set out under section 1437 of Title 42 and Tables.

The Civil Rights Act of 1968, referred to in subsec.

(c)(5)(A), is Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 73, as

amended. Title II of the Act is classified generally to

subchapter I (§1301 et seq.) of chapter 15 of this title.

For complete classification of this Act to the Code, see

Short Title note set out under section 3601 of Title 42

and Tables.

EFFECTIVE DATE

Section effective on the date provided by the Secretary of Housing and Urban Development 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, see section 4113(e) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4103, 4111, 4113

of this title; title 12 section 1715z–13a.

§ 4113. 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 4112 of this

title. 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) of this section, the plan shall be

considered, for purposes of this chapter, to

have been determined to comply with the requirements under section 4112 of this title 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 4112 of this title, the Secretary shall specify in the notice under subsection (a) of this section the reasons for the

noncompliance and any modifications necessary

for the plan to meet the requirements under section 4112 of this title.

(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 4112 of this title 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 chapter or other applicable law.

If the Secretary determines that any of the appropriate certifications required under section

4112(c)(5) of this title are not included in the

plan, the plan shall be deemed to be incomplete.

(d) Updates to plan

After a plan under section 4112 of this title 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 4112(b) of this title or

the 1-year period under section 4112(c) of this

title) 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 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.

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

Stat. 4026.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4111 of this title;

title 12 section 1715z–13a.

§ 4114. Treatment of program income and labor

standards

(a) Program income

(1) Authority to retain

A recipient may retain any program income

that is realized from any grant amounts under

this chapter if—

(A) such income was realized after the initial disbursement of the grant amounts received by the recipient; and

(B) the recipient has agreed that it will

utilize the program income for affordable

housing activities in accordance with the

provisions of this chapter.

(2) Prohibition of reduction of grant

The Secretary may not reduce the grant

amount for any Indian tribe based solely on—

(A) whether the recipient for the tribe retains program income under paragraph (1);

(B) the amount of any such program income retained; or

(C) whether the recipient retains reserve

amounts described in section 4140 of this

title.

(3) Exclusion of amounts

The Secretary may, by regulation, exclude

from consideration as program income any