25-U.S.C.-4162
§4162 – Replacement of Recipient
Pathway
Title 25 > Chapter 43 > Subchapter IV > Section 4162
Details
- Reference: Section 4162
- Legend: §4162 – Replacement of Recipient
- USCode Year: 2013
Provision Content
(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, §402, Oct. 26, 1996, 110 Stat. 4039.)
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.
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.
U.S. Encyclopedia of Law Coverage
25-U.S.C.-4140 in the Legal Encyclopedia: Indians
In this entry about 25-U.S.C.-4140, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
22-U.S.C.-8175 in the Legal Encyclopedia: Reports
In this entry about 22-U.S.C.-8175, find legal reference material, bibliographies and premiere content related to reports in the American Encyclopedia of Law, presenting a comprehensive view of the United States reports-specific issues, written by authorities in the field.
25-U.S.C.-4139 in the Legal Encyclopedia: Housing
In this entry about 25-U.S.C.-4139, find legal reference material, bibliographies and premiere content related to housing in the American Encyclopedia of Law, presenting a comprehensive view of the United States housing-specific issues, written by authorities in the field.
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