---
kind: "section"
citation: "25 U.S.C. § 4162"
title: "25"
title_heading: "Indians"
number: "4162"
heading: "Replacement of recipient"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/4162"
units:
  - "Chapter 43 — Native American Housing Assistance and Self-Determination"
  - "Subchapter IV — Compliance, Audits, and Reports"
---

# §4162. Replacement of recipient

- (a) **Authority—** As a condition of the [Secretary](/usc/25/4103.md?p=20) making a grant under this chapter on behalf of an [Indian tribe](/usc/25/4103.md?p=13-A), the tribe shall agree that, notwithstanding any other provision of law, the [Secretary](/usc/25/4103.md?p=20) may, only in the circumstances set forth in [subsection (b)](#b), require that a replacement [tribally designated housing entity](/usc/25/4103.md?p=22) serve as the [recipient](/usc/25/4103.md?p=19) for the tribe, in accordance with [subsection (c)](#c).
- (b) **Conditions of removal—** The [Secretary](/usc/25/4103.md?p=20) may require such replacement [tribally designated housing entity](/usc/25/4103.md?p=22) for a tribe only upon a determination by the [Secretary](/usc/25/4103.md?p=20) on the record after opportunity for a hearing that the [recipient](/usc/25/4103.md?p=19) 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](/usc/25/4103.md?p=20) requires that a replacement [tribally designated housing entity](/usc/25/4103.md?p=22) serve as the [recipient](/usc/25/4103.md?p=19) for a tribe (or tribes)—
  - (1) the replacement entity shall be an entity mutually agreed upon by the [Secretary](/usc/25/4103.md?p=20) and the tribe (or tribes) for which the [recipient](/usc/25/4103.md?p=19) 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](/usc/25/4103.md?p=20) makes the determination under [subsection (b)](#b), the [Secretary](/usc/25/4103.md?p=20) shall act as the replacement entity until agreement is reached upon a replacement entity; and
  - (2) the replacement entity (or the [Secretary](/usc/25/4103.md?p=20), as provided in [paragraph (1)](#c-1)) shall act as the [tribally designated housing entity](/usc/25/4103.md?p=22) for the tribe (or tribes) for a period that expires upon—
    - (A) a date certain, which shall be specified by the [Secretary](/usc/25/4103.md?p=20) upon making the determination under [subsection (b)](#b); or
    - (B) the occurrence of specific conditions, which conditions shall be specified in written notice provided by the [Secretary](/usc/25/4103.md?p=20) to the tribe upon making the determination under [subsection (b)](#b).

## Source credit

(Pub. L. 104–330, title IV, § 402, Oct. 26, 1996, 110 Stat. 4039.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (a) and (b), 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.

### 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.