
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC4237]

 
                            TITLE 25--INDIANS
 
  CHAPTER 43--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
 
        SUBCHAPTER VIII--HOUSING ASSISTANCE FOR NATIVE HAWAIIANS
 
Sec. 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--
            (A) terminate payments under this subchapter to the 
        Department;
            (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
            (C) limit the availability of payments under this subchapter 
        to programs, projects, or activities not affected by such 
        failure to comply.

                             (2) Actions

        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--
        (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 
    Department of Hawaiian Home Lands.

(c) Referral for civil action

                            (1) Authority

        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
            (B) for mandatory or injunctive relief.

(d) Review

                           (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
            (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

        (A) In general

            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.

        (B) Objections

            No objection to the action of the Secretary shall be 
        considered by the court unless the Department has registered the 
        objection before the Secretary.

                           (3) Disposition

        (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.
            (iii) Addition

                The court may order evidence, in addition to the 
            evidence submitted for review under this subsection, to be 
            taken by the Secretary, and to be made part of the record.

        (B) Secretary

            (i) In general

                The Secretary, by reason of the additional evidence 
            referred to in subparagraph (A) and filed with the court--
                    (I) may--
                        (aa) modify the findings of fact of the 
                    Secretary; or
                        (bb) make new findings; and

                    (II) shall file--
                        (aa) such modified or new findings; and
                        (bb) the recommendation of the Secretary, if 
                    any, for the modification or setting aside of the 
                    original action of the Secretary.
            (ii) Findings

                The findings referred to in clause (i)(II)(bb) shall, 
            with respect to a question of fact, be considered to be 
            conclusive if those findings are--
                    (I) supported by substantial evidence on the record; 
                and
                    (II) considered as a whole.

                            (4) Finality

        (A) In general

            Except as provided in subparagraph (B), upon the filing of 
        the record under this subsection with the court--
                (i) the jurisdiction of the court shall be exclusive; 
            and
                (ii) the judgment of the court shall be final.

        (B) Review by Supreme Court

            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.

(Pub. L. 104-330, title VIII, Sec. 818, as added Pub. L. 106-568, title 
II, Sec. 203, Dec. 27, 2000, 114 Stat. 2891, and Pub. L. 106-569, title 
V, Sec. 513, Dec. 27, 2000, 114 Stat. 2985.)

                          Codification

    Pub. L. 106-568, Sec. 203, and Pub. L. 106-569, Sec. 513, enacted 
identical sections 818 of Pub. L. 104-330. This section is based on the 
text of section 818 of Pub. L. 104-330, as added by Pub. L. 106-569, 
Sec. 513.
