25 U.S. Code § 4237 - Remedies for noncompliance
(a) Actions by Secretary affecting grant amounts
(1) In general
Except as provided in subsection (b) of this section, if the Secretary finds after reasonable notice and opportunity for a hearing that the Department of Hawaiian Home Lands has failed to comply substantially with any provision of this subchapter, the Secretary shall—
(B) reduce payments under this subchapter to the Department by an amount equal to the amount of such payments that were not expended in accordance with this subchapter; or
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.
(b) Noncompliance because of a technical incapacity
The Secretary may provide technical assistance for the Department, either directly or indirectly, that is designed to increase the capability and capacity of the Director of the Department to administer assistance provided under this subchapter in compliance with the requirements under this subchapter if the Secretary makes a finding under subsection (a) of this section, but determines that the failure of the Department to comply substantially with the provisions of this subchapter—
(c) Referral for civil action
In lieu of, or in addition to, any action that the Secretary may take under subsection (a) of this section, 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.
(2) Civil action
Upon receiving a referral under paragraph (1), the Attorney General may bring a civil action in any United States district court of appropriate jurisdiction for such relief as may be appropriate, including an action—
(A) to recover the amount of the assistance furnished under this subchapter that was not expended in accordance with this subchapter; or
(1) In general
If the Director receives notice under subsection (a) of this section of the termination, reduction, or limitation of payments under this chapter, the Director—
(A) may, not later than 60 days after receiving such notice, file with the United States Court of Appeals for the Ninth Circuit, or in the United States Court of Appeals for the District of Columbia, a petition for review of the action of the Secretary; and
(A) In general
(A) Court proceedings
(i) Jurisdiction of court 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.
(ii) Findings of fact If supported by substantial evidence on the record considered as a whole, the findings of fact by the Secretary shall be conclusive.
(i) In general The Secretary, by reason of the additional evidence referred to in subparagraph (A) and filed with the court—
(A) In general
Except as provided in subparagraph (B), upon the filing of the record under this subsection with the court—
Source(Pub. L. 104–330, title VIII, § 818, as added Pub. L. 106–568, title II, § 203,Dec. 27, 2000, 114 Stat. 2891, and Pub. L. 106–569, title V, § 513,Dec. 27, 2000, 114 Stat. 2985.)
References in Text
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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