25 U.S. Code § 4237 - Remedies for noncompliance
If the Secretary takes an action under subparagraph (A), (B), or (C) of paragraph (1), the Secretary shall continue that action until the Secretary determines that the failure by the Department to comply with the provision has been remedied by the Department and the Department is in compliance with that provision.
In lieu of, or in addition to, any action that the Secretary may take under subsection (a), if the Secretary has reason to believe that the Department of Hawaiian Home Lands has failed to comply substantially with any provision of this subchapter, the Secretary may refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted.
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.
The court shall have jurisdiction to affirm or modify the action of the Secretary or to set the action aside in whole or in part.
If supported by substantial evidence on the record considered as a whole, the findings of fact by the Secretary shall be conclusive.
A judgment under subparagraph (A) 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.
This chapter, referred to in subsec. (d)(1), 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.
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