PUBLIC LAW 104-330—OCT. 26, 1996 110 STAT. 4027 (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), the plan shall be considered, for purposes of this Act, to have been determined to comply with the requirements under section 102 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 NONCOMPLI- ANCE.—I f the Secretary determines that a plan, as submitted, does not comply with the requirements under section 102, the Secretary shall specify in the notice under subsection (a) the reasons for the noncompliance and any modifications necessary for the plan to meet the requirements under section 102. (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 102 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 Act or other applicable law. If the Secretary determines that any of the appropriate certifications required under section 102(c)(5) are not included in the plan, the plan shall be deemed to be incomplete. (d) UPDATES TO PLAN. —After a plan under section 102 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 102(b) or the 1-year period under section 102(c)) 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 sheill submit a complete plan. (e) EFFECTIVE DATE. —This section and section 102 shall take effect on the date provided by the Secretary pursuant to section 106(a) to provide for timely submission and review of Indian housing plans as necessary for the provision of assistance under this Act in fiscal year 1998. SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. 25 USC 4114. (a) PROGRAM INCOME. — (1) AUTHORITY TO RETAIN.— ^A recipient may retain any program income that is realized from any grant amounts under this Act 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 Act.
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