Page 723 TITLE 25—INDIANS § 4164

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 4139 of this title.

§ 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.)

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.

§ 4163. Monitoring of compliance

(a) Enforceable agreements

Each recipient, through binding contractual

agreements with owners and otherwise, shall ensure long-term compliance with the provisions

of this chapter. Such measures shall provide for

(1) enforcement of the provisions of this chapter

by the grant beneficiary or by recipients and

other intended beneficiaries, and (2) remedies

for the breach of such provisions.

(b) Periodic monitoring

Not less frequently than annually, each recipient shall review the activities conducted and

housing assisted under this chapter to assess

compliance with the requirements of this chapter. Such review shall include onsite inspection

of housing to determine compliance with applicable requirements. The results of each review

shall be included in the performance report of

the recipient submitted to the Secretary under

section 4164 of this title and made available to

the public.

(c) Performance measures

The Secretary shall establish such performance measures as may be necessary to assess

compliance with the requirements of this chapter.

(Pub. L. 104–330, title IV, §403, 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.

§ 4164. Performance reports

(a) Requirement

For each fiscal year, each recipient shall—

(1) review the progress it has made during

such fiscal year in carrying out the Indian

housing plan (or plans) for the Indian tribes

for which it administers grant amounts; and

(2) submit a report to the Secretary (in a

form acceptable to the Secretary) describing

the conclusions of the review.

(b) Content

Each report under this section for a fiscal year

shall—

(1) describe the use of grant amounts provided to the recipient for such fiscal year;

(2) assess the relationship of such use to the

goals identified in the Indian housing plan of

the grant beneficiary;

(3) indicate the programmatic accomplishments of the recipient; and

(4) describe the manner in which the recipient would change its programs as a result of

its experiences.

(c) Submission

The Secretary shall establish dates for submission of reports under this section, and review

such reports and make such recommendations

as the Secretary considers appropriate to carry

out the purposes of this chapter.

(d) Public availability

A recipient preparing a report under this section shall make the report publicly available to