Page:United States Statutes at Large Volume 110 Part 6.djvu/215

 PUBLIC LAW 104-330—OCT. 26, 1996 110 STAT. 4037 for each Indian tribe for which such operating or modernization assistance was provided for fiscal year 1996 shall not be less than the total amount of such operating and modernization assistance provided for fiscal year 1996 for such tribe. (2) PARTIAL FUNDING.— The formula shall provide that, if, in any fiscsil yezir, the total amount made available for assistance under this Act is less than the total amount made available for fiscal year 1996 for assistance for the operation and modernization of public housing developed or operated pursuant to a contract between the Secretary and an Indian housing authority pursuant to the United States Housing Act of 1937, the amount provided for such fiscal year for each Indian tribe for which such operating or modernization assistance was provided for fiscal year 1996 shall not be less than the amount that bears the same ratio to the total amount available for assistcince under this Act for such fiscal year that the amount of operating and modernization assistance provided for the tribe for fiscal year 1996 bears to the total amount made available for fiscal year 1996 for assistance for the operation and modernization of such public housing, (e) EFFECTIVE DATE. —This section shall take effect on the date of the enactment of this Act. TITLE IV—COMPLIANCE, AUDITS, AND REPORTS SEC. 401. REMEDIES FOR NONCOMPLIANCE. 25 USC 4161. (a) ACTIONS BY SECRETARY AFFECTING GRANT AMOUNTS.— Except as provided in subsection (b), if the Secretary finds sifter reasonable notice and opportunity for hearing that a recipient of assistance under this Act has failed to comply substantially with any provision of this Act, the Secretary shall— (1) terminate payments under this Act to the recipient; (2) reduce payments under this Act to the recipient by an amount equal to the amount of such payments that were not expended in accordance with this Act; (3) limit the availability of payments under this Act to programs, projects, or activities not affected by such failure to comply; or (4) in the case of noncompliance described in section 402(b), provide a replacement tribally designated housing entity for the recipient, under section 402. If the Secretary takes an action under paragraph (1), (2), or (3), the Secretary shall continue such action until the Secretary determines that the failure to comply has ceased. (b) NONCOMPLIANCE BECAUSE OF TECHNICAL INCAPACITY.— If the Secretary makes a finding under subsection (a), but determines that the failure to comply substantially with the provisions of this Act— (1) is not a pattern or practice of activities constituting willful noncompligince, and (2) is a result of the limited capability or capacity of the recipient, the Secretary may provide technical assistance for the recipient (directly or indirectly) that is designed to increase the capability and capacity of the recipient to administer assistance provided

�