---
kind: "section"
citation: "25 U.S.C. § 4161"
title: "25"
title_heading: "Indians"
number: "4161"
heading: "Remedies for noncompliance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4161"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter IV — Compliance, Audits, and Reports"
---

# §4161. Remedies for noncompliance

- (a) **Actions by Secretary affecting grant amounts—**
  - (1) **In general—** Except as provided in [subsection (b)](#b), if the [Secretary](/usc/25/4103.md?p=20) finds after reasonable notice and opportunity for hearing that a [recipient](/usc/25/4103.md?p=19) of assistance under this chapter has failed to comply substantially with any provision of this chapter, the [Secretary](/usc/25/4103.md?p=20) shall—
    - (A) terminate payments under this chapter to the [recipient](/usc/25/4103.md?p=19);
    - (B) reduce payments under this chapter to the [recipient](/usc/25/4103.md?p=19) by an amount equal to the amount of such payments that were not expended in accordance with this chapter;
    - (C) limit the availability of payments under this chapter to programs, projects, or activities not affected by such failure to comply; or
    - (D) in the case of noncompliance described in [section 4162(b) of this title](/usc/25/4162.md?p=b), provide a replacement [tribally designated housing entity](/usc/25/4103.md?p=22) for the [recipient](/usc/25/4103.md?p=19), under [section 4162 of this title](/usc/25/4162.md).
  - (2) **Substantial noncompliance—** The failure of a [recipient](/usc/25/4103.md?p=19) to comply with the requirements of [section 4152(b)(1) of this title](/usc/25/4152.md?p=b-1) regarding the reporting of low-[income](/usc/25/4103.md?p=9) dwelling units shall not, in itself, be considered to be substantial noncompliance for purposes of this subchapter.
  - (3) **Continuance of actions—** If the [Secretary](/usc/25/4103.md?p=20) takes an action under subparagraph [(A)](#a-1-A), [(B)](#a-1-B), or [(C)](#a-1-C) of paragraph (1), the [Secretary](/usc/25/4103.md?p=20) shall continue such action until the [Secretary](/usc/25/4103.md?p=20) determines that the failure to comply has ceased.
  - (4) **Exception for certain actions—**
    - (A) **In general—** Notwithstanding any other provision of this subsection, if the [Secretary](/usc/25/4103.md?p=20) makes a determination that the failure of a [recipient](/usc/25/4103.md?p=19) of assistance under this chapter to comply substantially with any material provision (as that term is defined by the [Secretary](/usc/25/4103.md?p=20)) of this chapter is resulting, and would continue to result, in a continuing expenditure of Federal funds in a manner that is not authorized by law, the [Secretary](/usc/25/4103.md?p=20) may take an action described in [paragraph (1)(C)](#a-1-C) before conducting a hearing.
    - (B) **Procedural requirement—** If the [Secretary](/usc/25/4103.md?p=20) takes an action described in [subparagraph (A)](#a-4-A), the [Secretary](/usc/25/4103.md?p=20) shall—
      - (i) provide notice to the [recipient](/usc/25/4103.md?p=19) at the time that the [Secretary](/usc/25/4103.md?p=20) takes that action; and
      - (ii) conduct a hearing not later than 60 days after the date on which the [Secretary](/usc/25/4103.md?p=20) provides notice under [clause (i)](#a-4-B-i).
    - (C) **Determination—** Upon completion of a hearing under this paragraph, the [Secretary](/usc/25/4103.md?p=20) shall make a determination regarding whether to continue taking the action that is the subject of the hearing, or take another action under this subsection.
- (b) **Noncompliance because of technical incapacity—**
  - (1) **In general—** If the [Secretary](/usc/25/4103.md?p=20) makes a finding under [subsection (a)](#a), but determines that the failure to comply substantially with the provisions of this chapter—
    - (A) is not a pattern or practice of activities constituting willful noncompliance, and
    - (B) is a result of the limited capability or capacity of the [recipient](/usc/25/4103.md?p=19),

    the [Secretary](/usc/25/4103.md?p=20) may provide technical assistance for the [recipient](/usc/25/4103.md?p=19) (directly or indirectly) that is designed to increase the capability and capacity of the [recipient](/usc/25/4103.md?p=19) to administer assistance provided under this chapter in compliance with the requirements under this chapter, if the [recipient](/usc/25/4103.md?p=19) enters into a performance agreement with the [Secretary](/usc/25/4103.md?p=20) that specifies the compliance objectives that the [recipient](/usc/25/4103.md?p=19) will be required to achieve by the termination date of the performance agreement.

  - (2) **Performance agreement—** The period of a performance agreement described in [paragraph (1)](#b-1) shall be for 1 year.
  - (3) **Review—** Upon the termination of a performance agreement entered into under [paragraph (1)](#b-1), the [Secretary](/usc/25/4103.md?p=20) shall review the performance of the [recipient](/usc/25/4103.md?p=19) that is a party to the agreement.
  - (4) **Effect of review—** If, on the basis of a review under [paragraph (3)](#b-3), the [Secretary](/usc/25/4103.md?p=20) determines that the [recipient](/usc/25/4103.md?p=19)—
    - (A) has made a good faith effort to meet the compliance objectives specified in the agreement, the [Secretary](/usc/25/4103.md?p=20) may enter into an additional performance agreement for the period specified in [paragraph (2)](#b-2); and
    - (B) has failed to make a good faith effort to meet applicable compliance objectives, the [Secretary](/usc/25/4103.md?p=20) shall determine the [recipient](/usc/25/4103.md?p=19) to have failed to comply substantially with this chapter, and the [recipient](/usc/25/4103.md?p=19) shall be subject to an action under [subsection (a)](#a).
- (c) **Referral for civil action—**
  - (1) **Authority—** In lieu of, or in addition to, any action authorized by [subsection (a)](#a), if the [Secretary](/usc/25/4103.md?p=20) has reason to believe that a [recipient](/usc/25/4103.md?p=19) has failed to comply substantially with any provision of this chapter, the [Secretary](/usc/25/4103.md?p=20) 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](/usc/25/4103.md?p=19) who receives notice under [subsection (a)](#a) 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](/usc/25/4103.md?p=21) 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](/usc/25/4103.md?p=20); and
    - (B) upon the filing of any petition under [subparagraph (A)](#d-1-A), shall forthwith transmit copies of the petition to the [Secretary](/usc/25/4103.md?p=20) and the Attorney General of the United States, who shall represent the [Secretary](/usc/25/4103.md?p=20) in the litigation.
  - (2) **Procedure—** The [Secretary](/usc/25/4103.md?p=20) shall file in the court a record of the proceeding on which the [Secretary](/usc/25/4103.md?p=20) based the action, as provided in [section 2112 of title 28](/usc/28/2112.md). No objection to the action of the [Secretary](/usc/25/4103.md?p=20) shall be considered by the court unless such objection has been urged before the [Secretary](/usc/25/4103.md?p=20).
  - (3) **Disposition—**
    - (A) **Court proceedings—** The court shall have jurisdiction to affirm or modify the action of the [Secretary](/usc/25/4103.md?p=20) or to set it aside in whole or in part. The findings of fact by the [Secretary](/usc/25/4103.md?p=20), 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](/usc/25/4103.md?p=20), and to be made part of the record.
    - (B) **Secretary—** The [Secretary](/usc/25/4103.md?p=20)—
      - (i) may modify the findings of fact of the [Secretary](/usc/25/4103.md?p=20), 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](/usc/25/4103.md?p=20), if any, for the modification or setting aside of the original action of the [Secretary](/usc/25/4103.md?p=20).
  - (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](/usc/28/1254.md).

## Source credit

(Pub. L. 104–330, title IV, § 401, Oct. 26, 1996, 110 Stat. 4037; Pub. L. 106–568, title X, § 1003(h), (i), Dec. 27, 2000, 114 Stat. 2928, 2929; Pub. L. 106–569, title V, § 503(g), (h), Dec. 27, 2000, 114 Stat. 2964, 2965; Pub. L. 110–411, title IV, § 401, Oct. 14, 2008, 122 Stat. 4330.)

## Notes

### Editorial Notes

### 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.

### Amendments

2008—Subsec. (a)(2) to (4). Pub. L. 110–411 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

2000—Subsec. (a). Pub. L. 106–568, § 1003(h), and Pub. L. 106–569, § 503(g), amended subsec. (a) identically, designating existing provisions as par. (1), inserting heading, redesignating former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), realigning margins, designating concluding provisions as par. (2), inserting heading, substituting “If the Secretary takes an action under subparagraph (A), (B), or (C) of paragraph (1)” for “If the Secretary takes an action under paragraph (1), (2), or (3)”, and adding par. (3).

Subsec. (b). Pub. L. 106–568, § 1003(i), and Pub. L. 106–569, § 503(h), amended subsec. (b) identically, designating existing provisions as par. (1), inserting heading, redesignating former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigning margins of concluding provisions, inserting “, if the recipient enters into a performance agreement with the Secretary that specifies the compliance objectives that the recipient will be required to achieve by the termination date of the performance agreement” before period at end of concluding provisions, and adding pars. (2) to (4).

### Statutory Notes and Related Subsidiaries

### 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.