25 U.S.C. § 4162: Replacement of recipient

Summary

When a tribe takes a grant here, the tribe must agree that the Secretary can name a different tribal housing recipient in certain cases. The Secretary can do this only after making an official finding on the record and after giving a chance for a hearing that the current recipient has a pattern or practice of serious or intentional failure to follow the chapter’s rules. If the Secretary requires a replacement, the new tribal housing entity must be chosen by both the Secretary and the tribe. If they do not agree within 60 days after the Secretary’s finding, the Secretary will act as the temporary recipient until they agree. The replacement (or the Secretary acting) will serve for a time the Secretary sets, either to a specific date or until certain conditions in a written notice are met.

Title 25, §4162

Indians, Source: USLM XML via OLRC

(a)Authority

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)Conditions of removal

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)Choice and term of replacement

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