Page:United States Statutes at Large Volume 114 Part 5.djvu/877

 PUBLIC LAW 106-568—DEC. 27, 2000 114 STAT. 2891 "(c) OTHER FACTORS FOR CONSIDERATION. —In establishing the formula under subsection (a), the Secretary shall consider the relative administrative capacities of the Depeirtment of Hawaiian Home Lands and other challenges faced by the Department, including— "(1) geographic distribution within Hawaiian Home Lands; and "(2) technical capacity. "(d) EFFECTIVE DATE. —This section shall take effect on the date of the enactment of the Hawaiian Homelands Homeownership Act of 2000. "SEC. 818. REMEDIES FOR NONCOMPLIANCE. 25 USC 4237. "(a) ACTIONS BY SECRETARY AFFECTING GRANT AMOUNTS.— "(1) IN GENERAL.— 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 title, the Secretary shall— "(A) terminate payments under this title to the Department; "(B) reduce payments under this title to the Department by an amount equal to the amount of such payments that were not expended in accordance with this title; or "(C) limit the availability of payments under this title to programs, projects, or activities not affected by such failure to comply. "(2) ACTIONS.— 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. "(b) NONCOMPLIANCE BECAUSE OF A TECHNICAL INCAPACITY. — 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 title in compliance with the requirements under this title 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 title— "(1) is not a pattern or practice of activities constituting willful noncompliance; and "(2) is a result of the limited capability or capacity of the Department of Hawaiian Home Lands. " (c) REFERRAL FOR CIVIL ACTION.— "(1) AUTHORITY.—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 title, the Secretary 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 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—

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