PRIA, Government Policy, Made Personal

Summary

Make final decisions about money and property tied to the loan and surety bond guarantee and insurance program. Money moves and any buying, managing, or selling of real or personal property that the Secretary does for that program are binding on all government officials. Even if other laws say different, the Secretary can act for the program in many ways. He can sue or be sued in any proper court. Under the program’s limits, he can change loan terms, pay or settle claims, give up or release rights (including redemption rights), buy or sell property at public or private sales, and insure, fix up, lease, operate, or otherwise manage property acquired.

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