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U.S. Code, Title 25, Indians
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 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, § 402, Oct. 26, 1996, 110 Stat. 4039.)
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.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 4162. Replacement of Recipient," U.S. Code, Title 25, Indians in U.S. Code, Title 25, Indians (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed February 5, 2025, http://originalsources.com/Document.aspx?DocID=8RTU8YDJLB7PDVP.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 4162. Replacement of Recipient." U.S. Code, Title 25, Indians, in U.S. Code, Title 25, Indians, Washington, D.C., Government Printing Office, 2002, Original Sources. 5 Feb. 2025. http://originalsources.com/Document.aspx?DocID=8RTU8YDJLB7PDVP.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 4162. Replacement of Recipient' in U.S. Code, Title 25, Indians. cited in 2002, U.S. Code, Title 25, Indians, Government Printing Office, Washington, D.C.. Original Sources, retrieved 5 February 2025, from http://originalsources.com/Document.aspx?DocID=8RTU8YDJLB7PDVP.
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