Page 721 TITLE 25—INDIANS § 4152

section 4152 of this title, among Indian tribes

that comply with the requirements under this

chapter for a grant under this chapter.

(Pub. L. 104–330, title III, §301, Oct. 26, 1996, 110

Stat. 4036.)

REFERENCES IN TEXT

This chapter, referred to in text, 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4111 of this title.

§ 4152. Allocation formula

(a) Establishment

The Secretary shall, by regulations issued not

later than the expiration of the 12-month period

beginning on October 26, 1996, in the manner provided under section 4116 of this title, establish a

formula to provide for allocating amounts available for a fiscal year for block grants under this

chapter among Indian tribes in accordance with

the requirements of this section.

(b) Factors for determination of need

The formula shall be based on factors that reflect the need of the Indian tribes and the Indian

areas of the tribes for assistance for affordable

housing activities, including the following factors:

(1) The number of low-income housing dwelling units owned or operated at the time pursuant to a contract between an Indian housing

authority for the tribe and the Secretary.

(2) The extent of poverty and economic distress and the number of Indian families within

Indian areas of the tribe.

(3) Other objectively measurable conditions

as the Secretary and the Indian tribes may

specify.

(c) Other factors for consideration

In establishing the formula, the Secretary

shall consider—

(1) the relative administrative capacities

and other challenges faced by the recipient,

including, but not limited to geographic distribution within the Indian area and technical

capacity; and

(2) the extent to which terminations of assistance under subchapter V of this chapter

will affect funding available to State recognized tribes.

(d) Funding for public housing operation and

modernization

(1) Full funding

The formula shall provide that, if, in any fiscal year, the total amount made available for

assistance under this chapter is equal to or

greater than the total amount made available

for fiscal year 1996 for assistance for the operation and modernization of public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing

Act of 1937 [42 U.S.C. 1437 et seq.], the amount

provided for such fiscal year for each Indian

tribe for which such operating or modernization assistance was provided for fiscal year

1996 shall not be less than the total amount of

such operating and modernization assistance

provided for fiscal year 1996 for such tribe.

(2) Partial funding

The formula shall provide that, if, in any fiscal year, the total amount made available for

assistance under this chapter is less than the

total amount made available for fiscal year

1996 for assistance for the operation and modernization of public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937

[42 U.S.C. 1437 et seq.], the amount provided

for such fiscal year for each Indian tribe for

which such operating or modernization assistance was provided for fiscal year 1996 shall not

be less than the amount that bears the same

ratio to the total amount available for assistance under this chapter for such fiscal year

that the amount of operating and modernization assistance provided for the tribe for fiscal

year 1996 bears to the total amount made

available for fiscal year 1996 for assistance for

the operation and modernization of such public housing.

(e) Effective date

This section shall take effect on October 26,

1996.

(Pub. L. 104–330, title III, §302, Oct. 26, 1996, 110

Stat. 4036.)

REFERENCES IN TEXT

Subchapter V of this chapter, referred to in subsec.

(c)(2), was in the original ‘‘title V’’, meaning title V of

Pub. L. 104–330, which enacted subchapter V of this

chapter and section 12899h–1 of Title 42, The Public

Health and Welfare, amended sections 1437a, 1437c to

1437e, 1437g, 1437l, 1437n, 1437u to 1437x, 1437aaa–5,

1437aaa–6, 1439, 11371 to 11376, 11382, 11401, 11403g, 11408,

11903a, 12747, and 12838 of Title 42, repealed sections

1437aa to 1437ee of Title 42, enacted provisions set out

as notes under sections 11371, 12747, and 12899h–1 of

Title 42, amended provisions set out as a note under

section 11301 of Title 42, and repealed provisions set out

as a note under section 1701z–6 of Title 12, Banks and

Banking. For complete classification of title V to the

Code, see Tables.

The United States Housing Act of 1937, referred to in

subsec. (d), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, §201(a), Aug. 22, 1974, 88

Stat. 653, which is classified generally to chapter 8

(§1437 et seq.) of Title 42. For complete classification of

this Act to the Code, see Short Title note set out under

section 1437 of Title 42 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4103, 4151 of this

title.
§ 4161 TITLE 25—INDIANS Page 722

SUBCHAPTER IV—COMPLIANCE, AUDITS,

AND REPORTS

§ 4161. Remedies for noncompliance

(a) Actions by Secretary affecting grant amounts

Except as provided in subsection (b) of this

section, if the Secretary finds after reasonable

notice and opportunity for hearing that a recipient of assistance under this chapter has failed to

comply substantially with any provision of this

chapter, the Secretary shall—

(1) terminate payments under this chapter

to the recipient;

(2) reduce payments under this chapter to

the recipient by an amount equal to the

amount of such payments that were not expended in accordance with this chapter;

(3) limit the availability of payments under

this chapter to programs, projects, or activities not affected by such failure to comply; or

(4) in the case of noncompliance described in

section 4162(b) of this title, provide a replacement tribally designated housing entity for

the recipient, under section 4162 of this title.

If the Secretary takes an action under paragraph (1), (2), or (3), the Secretary shall continue

such action until the Secretary determines that

the failure to comply has ceased.

(b) Noncompliance because of technical incapacity

If the Secretary makes a finding under subsection (a) of this section, but determines that

the failure to comply substantially with the provisions of this chapter—

(1) is not a pattern or practice of activities

constituting willful noncompliance, and

(2) is a result of the limited capability or capacity of the recipient,

the Secretary may provide technical assistance

for the recipient (directly or indirectly) that is

designed to increase the capability and capacity

of the recipient to administer assistance provided under this chapter in compliance with the

requirements under this chapter.

(c) Referral for civil action

(1) Authority

In lieu of, or in addition to, any action authorized by subsection (a) of this section, if

the Secretary has reason to believe that a recipient has failed to comply substantially with

any provision of this chapter, the Secretary

may refer the matter to the Attorney General

of the United States with a recommendation

that an appropriate civil action be instituted.

(2) Civil action

Upon such a referral, the Attorney General

may bring a civil action in any United States

district court having venue thereof for such

relief as may be appropriate, including an action to recover the amount of the assistance

furnished under this chapter that was not expended in accordance with it, or for mandatory or injunctive relief.

(d) Review

(1) In general

Any recipient who receives notice under subsection (a) of this section of the termination,

reduction, or limitation of payments under

this chapter—

(A) may, not later than 60 days after receiving such notice, file with the United

States Court of Appeals for the circuit in

which such State is located, or in the United

States Court of Appeals for the District of

Columbia, a petition for review of the action

of the Secretary; and

(B) upon the filing of any petition under

subparagraph (A), shall forthwith transmit

copies of the petition to the Secretary and

the Attorney General of the United States,

who shall represent the Secretary in the litigation.

(2) Procedure

The Secretary shall file in the court a record

of the proceeding on which the Secretary

based the action, as provided in section 2112 of

title 28. No objection to the action of the Secretary shall be considered by the court unless

such objection has been urged before the Secretary.

(3) Disposition

(A) Court proceedings

The court shall have jurisdiction to affirm

or modify the action of the Secretary or to

set it aside in whole or in part. The findings

of fact by the Secretary, if supported by substantial evidence on the record considered as

a whole, shall be conclusive. The court may

order additional evidence to be taken by the

Secretary, and to be made part of the record.

(B) Secretary

The Secretary—

(i) may modify the findings of fact of the

Secretary, or make new findings, by reason of the new evidence so taken and filed

with the court; and

(ii) shall file—

(I) such modified or new findings,

which findings with respect to questions

of fact shall be conclusive if supported

by substantial evidence on the record

considered as a whole; and

(II) the recommendation of the Secretary, if any, for the modification or

setting aside of the original action of the

Secretary.

(4) Finality

Upon the filing of the record with the court,

the jurisdiction of the court shall be exclusive

and its judgment shall be final, except that

such judgment shall be subject to review by

the Supreme Court of the United States upon

writ of certiorari or certification as provided

in section 1254 of title 28.

(Pub. L. 104–330, title IV, §401, Oct. 26, 1996, 110

Stat. 4037.)

REFERENCES IN TEXT

This chapter, referred to in text, 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.