---
kind: "section"
citation: "25 U.S.C. § 4165"
title: "25"
title_heading: "Indians"
number: "4165"
heading: "Review and audit by Secretary"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4165"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter IV — Compliance, Audits, and Reports"
---

# §4165. Review and audit by Secretary

- (a) **Requirements under chapter 75 of title 31—** An entity designated by an [Indian tribe](/usc/25/4103.md?p=13-A) as a [housing entity](/usc/25/4103.md?p=22) shall be treated, for purposes of [chapter 75](/usc/31/chstV/ch75.md) 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 general—** In addition to any audit or review under [subsection (a)](#a), to the extent the [Secretary](/usc/25/4103.md?p=20) determines such action to be appropriate, the [Secretary](/usc/25/4103.md?p=20) may conduct an audit or review of a [recipient](/usc/25/4103.md?p=19) in order to—
    - (A) determine whether the [recipient](/usc/25/4103.md?p=19)—
      - (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](/usc/25/4103.md?p=12) of the [recipient](/usc/25/4103.md?p=19); and
    - (B) verify the accuracy of information contained in any performance report submitted by the [recipient](/usc/25/4103.md?p=19) under [section 4164 of this title](/usc/25/4164.md).
  - (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.
- (c) **Review of reports—**
  - (1) **In general—** The [Secretary](/usc/25/4103.md?p=20) shall provide each [recipient](/usc/25/4103.md?p=19) that is the subject of a report made by the [Secretary](/usc/25/4103.md?p=20) under this section notice that the [recipient](/usc/25/4103.md?p=19) 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 availability—** After taking into consideration any comments of the [recipient](/usc/25/4103.md?p=19) under [paragraph (1)](#c-1), the [Secretary](/usc/25/4103.md?p=20)—
    - (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)](#c-2-A)) readily available to the public.
- (d) **Effect of reviews—** Subject to [section 4161(a) of this title](/usc/25/4161.md?p=a), after reviewing the reports and audits relating to a [recipient](/usc/25/4103.md?p=19) that are submitted to the [Secretary](/usc/25/4103.md?p=20) under this section, the [Secretary](/usc/25/4103.md?p=20) may adjust the amount of a grant made to a [recipient](/usc/25/4103.md?p=19) under this chapter in accordance with the findings of the [Secretary](/usc/25/4103.md?p=20) with respect to those reports and audits.

## Source credit

(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.)

## Notes

### 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 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 Subsidiaries

### 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.