PUBLIC LAW 104-330—OCT. 26, 1996 110 STAT. 4039 review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United State Code. SEC. 402. REPLACEMENT OF RECIPIENT. 25 USC 4162. (a) AUTHORITY. —As a condition of the Secretary making a grant under this Act on behalf of an Indian tribe, the tribe shall agree that, notwithstanding any other provision of law, the Secretary may, only in the circumstances set forth in subsection (b), require that a replacement tribally designated housing entity serve as the recipient for the tribe, in accordance with subsection (0. (b) CONDITIONS OF REMOVAL.—The Secretary may require such replacement tribally designated housing entity for a tribe only upon a determination by the Secretary on the record after opportunity for a hearing that the recipient for the tribe has engagjBd in a pattern or practice of activities that constitutes substantial or willful noncompliance with the requirements under this Act. (c) CHOICE AND TERM OF REPLACEMENT.— If the Secretary requires that a replacement tribally designated housing entity serve as the recipient for a tribe (or tribes)— (1) the replacement entity shall be an entity mutually agreed upon by the Secretary and the tribe (or tribes) for vmich the recipient 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 makes the determination under subsection (b), the Secretary shall act as the replacement entity until agreement is reached upon a replacement entity; and (2) the replacement entity (or the Secretary, as provided in paragraph (1)) shall act as the tribally designated housing entity for the tribe (or tribes) for a period that expires upon— (A) a date certain, which shall be specified by the Secretary upon making the determination under subsection (b); or (B) the occurrence of specific conditions, which condi- Notification, tions shall be specified in written notice provided by the Secretary to the tribe upon making the determination under subsection (b). SEC. 403. MONITORING OF COMPLIANCE. 25 USC 4163. (a) ENFORCEABLE AGREEMENTS.—-Each recipient, through binding contractual agreements with owners and otherwise, shall ensure long-term compliance with the provisions of this Act. Such measures shall provide for (1) enforcement of the provisions of this Act by the grant beneficiary or by recipients and other intended beneficiaries, and (2) remedies for the breach of such provisions. (b) PERIODIC MONITORING.—Not less frequently than annually, each recipient shall review the activities conducted and housing assisted under this Act to assess compliance with the requirements of this Act. Such review shall include onsite inspection of housing to determine compliance with applicable requirements. The results Public of each review shall be included in the performance report of the information, recipient submitted to the Secretary under section 404 and made available to the public. (c) PERFORMANCE MEASURES.— The Secretary shall establish such performance measures as may be necessary to assess compliance with the requirements of this Act.
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