§ 4165 TITLE 25—INDIANS Page 724

the citizens in the jurisdiction of the recipient

in sufficient time to permit such citizens to

comment on such report prior to its submission

to the Secretary, and in such manner and at

such times as the recipient may determine. The

report shall include a summary of any comments received by the grant beneficiary or recipient from citizens in its jurisdiction regarding its program.

(Pub. L. 104–330, title IV, §404, Oct. 26, 1996, 110

Stat. 4040.)

EFFECTIVE 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4163, 4165 of this

title.

§ 4165. Review and audit by Secretary

(a) Annual review

The Secretary shall, not less than on an annual basis, make such reviews and audits as may

be necessary or appropriate to determine—

(1) whether the recipient has carried out its

eligible activities in a timely manner, has carried out its eligible activities and certifications in accordance with the requirements

and the primary objectives of this chapter and

with other applicable laws, and has a continuing capacity to carry out those activities in a

timely manner;

(2) whether the recipient has complied with

the Indian housing plan of the grant beneficiary; and

(3) whether the performance reports under

section 4164 of this title of the recipient are

accurate.

Reviews under this section shall include, insofar

as practicable, onsite visits by employees of the

Department of Housing and Urban Development.

(b) Report by Secretary

The Secretary shall give a recipient not less

than 30 days to review and comment on a report

under this subsection. After taking into consideration the comments of the recipient, the Secretary may revise the report and shall make the

comments of the recipient and the report, with

any revisions, readily available to the public not

later than 30 days after receipt of the comments

of the recipient.

(c) Effect of reviews

The Secretary may make appropriate adjustments in the amount of the annual grants under

this chapter 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 assistance provided on behalf of an Indian tribe.

(Pub. L. 104–330, title IV, §405, Oct. 26, 1996, 110

Stat. 4040.)

EFFECTIVE 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.

§ 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 General. The representatives of the General Accounting 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.)

EFFECTIVE 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.

§ 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 accomplishing 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 outstanding loan guarantees under subchapter VI of

this chapter.

(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) of

this section.

(Pub. L. 104–330, title IV, §407, Oct. 26, 1996, 110

Stat. 4041.)

EFFECTIVE 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.

SUBCHAPTER V—TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED PROGRAMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4152 of this

title.

§ 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