25 U.S.C. § 4237
Except as provided in subsection (b), 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-
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.
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), but determines that the failure of the Department to comply substantially with the provisions of this subchapter-
In lieu of, or in addition to, any action that the Secretary may take under subsection (a), 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.
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-
If the Director receives notice under subsection (a) of the termination, reduction, or limitation of payments under this chapter, the Director-
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.
No objection to the action of the Secretary shall be considered by the court unless the Department has registered the objection before the Secretary.
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.
If supported by substantial evidence on the record considered as a whole, the findings of fact by the Secretary shall be conclusive.
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.
The Secretary, by reason of the additional evidence referred to in subparagraph (A) and filed with the court-
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-
Except as provided in subparagraph (B), upon the filing of the record under this subsection with the 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.
25 U.S.C. § 4237
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (d)(1), was in the original "this Act", meaning Pub. L. 104-330, 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.
CODIFICATION Pub. L. 106-568, §203, and Pub. L. 106-569, §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, §513.