§1496 — Title 25 Indians | U.S. Code

Summary

Makes the Secretary’s money decisions and property actions final and binding on other government officials. For the loan and surety bond program, and even if other laws say otherwise, the Secretary may, within the limits set in this subchapter, go to court in an official capacity; agree to change loan or bond terms like interest, payment timing, or security; pay or settle claims; give up or release rights or liens; buy, take title to, and sell real or personal property at public or private sales; and run, insure, repair, modernize, lease, or otherwise manage property acquired under the program.

Title 25, §1496

Indians — Source: USLM XML via OLRC

The financial transactions of the Secretary incident to or arising out of the guarantee or insurance of loans and surety bonds, and the acquisition, management, and disposition of property, real, personal, or mixed, incident to such activities, shall be final and conclusive upon all officers of the Government. With respect to matters arising out of the guaranty or insurance program authorized by this subchapter, and notwithstanding the provisions of any other laws, the Secretary may—

(a)sue and be sued in his official capacity in any court of competent jurisdiction;

(b)subject to the specific limitations in this subchapter, consent to the modification, with respect to the rate of interest, time of payment on principal or interest or any portion thereof, security, or any other provisions of any note, contract, mortgage, or other instrument securing a loan or surety bond which has been guaranteed or insured hereunder;

(c)subject to the specific limitations in this subchapter, pay, or compromise, any claim on, or arising because of any loan or surety bond guaranty or insurance;

(d)subject to the specific limitations in this subchapter, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including, but not limited to, any equity or right of redemption;

(e)purchase at any sale, public or private, upon such terms and for such prices as he determines to be reasonable, and take title to property, real, personal, or mixed; and similarly sell, at public or private sale, exchange, assign, convey, or otherwise dispose of such property; and

(f)complete, administer, operate, obtain, and pay for insurance on, and maintain, renovate, repair, modernize, lease, or otherwise deal with any property acquired or held pursuant to the guaranty or insurance program authorized by this subchapter.

Editorial Notes

Amendments

1988—Pub. L. 100–442 inserted “and surety bonds” after “of loans” in introductory text, “or surety” after “a loan” in par. (b), and “or surety” after “any loan” in par. (c).

§1496 Powers of Secretary; Finality of Financial Transactions and Property Acquisitions, Management, and Dispositions

Summary

Title 25, §1496

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata