§4162 — Title 25 Indians | U.S. Code

Summary

Before a tribe gets a federal grant, the tribe must agree that the Secretary may, in certain cases, replace the tribe’s chosen tribally designated housing entity (the group that receives and manages the grant). The Secretary can only do this after making an official decision on the record and giving the tribe a chance for a hearing, and only if the current recipient has shown a pattern of serious or intentional failure to follow the program’s rules. The replacement must be an entity both the Secretary and the tribe agree on. If they do not agree within 60 days after the Secretary’s decision, the Secretary will act as the temporary recipient until they agree. The Secretary will set how long the replacement serves, either by naming a specific end date or by listing conditions in writing that will end the replacement.

Title 25, §4162

Indians — Source: USLM XML via OLRC

(a)As a condition of the Secretary making a grant under this chapter on behalf of an Indian tribe, the tribe shall agree that, notwithstanding any other provision of law, the Secretary may, only in the circumstances set forth in subsection (b), require that a replacement tribally designated housing entity serve as the recipient for the tribe, in accordance with subsection (c).

(b)The Secretary may require such replacement tribally designated housing entity for a tribe only upon a determination by the Secretary on the record after opportunity for a hearing that the recipient for the tribe has engaged in a pattern or practice of activities that constitutes substantial or willful noncompliance with the requirements under this chapter.

(c)If the Secretary requires that a replacement tribally designated housing entity serve as the recipient for a tribe (or tribes)—

(1)the replacement entity shall be an entity mutually agreed upon by the Secretary and the tribe (or tribes) for which the recipient was authorized to act, except that if no such entity is agreed upon before the expiration of the 60-day period beginning upon the date that the Secretary makes the determination under subsection (b), the Secretary shall act as the replacement entity until agreement is reached upon a replacement entity; and

(2)the replacement entity (or the Secretary, as provided in paragraph (1)) shall act as the tribally designated housing entity for the tribe (or tribes) for a period that expires upon—

(A)a date certain, which shall be specified by the Secretary upon making the determination under subsection (b); or

(B)the occurrence of specific conditions, which conditions shall be specified in written notice provided by the Secretary to the tribe upon making the determination under subsection (b).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), 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.

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.

§4162 Replacement of Recipient