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2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 4162 Replacement of recipient us united_states_code code_section 25 INDIANS 43 NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 4162 25 U.S.C. § 4162 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s4162 data/legal/raw/us/code/title-25/usc25.xml 53ad13f164132cfafa6dec4c6ca4903a5c83788605b660e5623f7c4dd734cf5f d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 deb7a437b9136bf937b47e8daf61c883dd56b4b87fe0d5beb5d129e4ccd3fed2 2026-07-04 official
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25 U.S.C. § 4162 - Replacement of recipient

Text

(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).

(Pub. L. 104330, title IV, § 402, Oct. 26, 1996, 110 Stat. 4039.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 104330, 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 DateSection effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 of Pub. L. 104330, set out as a note under section 4101 of this title.