§ 4162. — Replacement of recipient.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC4162]
TITLE 25--INDIANS
CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
SUBCHAPTER IV--COMPLIANCE, AUDITS, AND REPORTS
Sec. 4162. Replacement of recipient
(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) of this section, require that a replacement
tribally designated housing entity serve as the recipient for the tribe,
in accordance with subsection (c) of this section.
(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) of this section, 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) of
this section; 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)
of this section.
(Pub. L. 104-330, title IV, Sec. 402, Oct. 26, 1996, 110 Stat. 4039.)
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.
Section Referred to in Other Sections
This section is referred to in section 4161 of this title.
